All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of AgList.org and its users. The collective work includes works that are licensed to AgList.org, all rights reserved.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an ad with AgList.org. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by AgList.org.

You further agree not to change or delete any proprietary notices from materials downloaded from the site. All trademarks, service marks and trade names of AgList.org used in the site are trademarks or registered trademarks of AgList.org, its users, and associated companies.

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, AgList.org disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. AgList.org does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. AgList.org shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if AgList.org has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

AgList.org does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

In the event that an AgList.org product is mistakenly listed at an incorrect price, AgList.org reserves the right to delete the listing without refund to the seller. If the seller’s credit card has already been charged for the purchase and your listing is cancelled, AgList.org reserves the right to issue a credit to your credit card account in the amount of the incorrect price if the listing is deemed non-fraudulent.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an AgList.org or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not sell items that you do not own.

AgList.org does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, AgList.org is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, AgList.org reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to AgList.org in its sole discretion.

You agree to indemnify, defend, and hold harmless AgList.org, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. In an attempt to provide increased value to our visitors, AgList.org may link to sites operated by third parties. However, even if the third party is affiliated with AgList.org, AgList.org has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AgList.org. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AgList.org seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.

Participating Organizations

Participating organizations will receive 85.00% of the base listing fee if chosen by the seller during the listing process. These contributions are distributed as a lump sum to the appropriate organizations at the end of each fiscal quarter. The other 15.00% of the base listing fee is used for merchant processing fees, administrative fees, and marketing.

Shipping

Shipping is arranged between buyer and seller. Upon seller’s receipt of the purchase price, the seller will make the equipment available for pickup and will assist in loading. AgList.org is not responsible for shipping or guaranteeing shipment of items displayed on AgList.org.

Seller’s Representations

Seller confirms and represents that: (i) it has good and merchantable title to the equipment, and will convey the same to buyer upon payment of the purchase price free and clear of all liens and encumbrances of every nature and description; (ii) all information, descriptions, photographs, and statements relating to the Equipment and provided to AgList.org or buyer have been and are true and correct in all material respects; and (iii) AgList.org has no duty or obligation to collect and remit sales, use, excise or other taxes. Seller will indemnify and hold AgList.org harmless from and against any and all claims, demands, damages, loss, cost and expense (including attorney fees) arising out of the breach or alleged breach of and of the foregoing representations.

AgList.org Acting as a Broker Only

AgList.org does not own the equipment, and is not selling it. Therefore, if a dispute should arise between the buyer and seller relating to the condition, description, or any representations or warranties of any kind relating to the equipment, Seller acknowledges and agrees that such dispute will be solely between buyer and seller, and will not involve AgList.org in any fashion whatsoever.

Conditions of Listing

As noted above, AgList.org is serving as a listing agency only; it does not own the fixtures and equipment, stores and real estate or merchandise listed nor does it receive any commissions or payments for the sale other than the fees set forth above. If there is a dispute of claim between the seller and buyer of the product, seller acknowledges that it will be an issue solely between seller and buyer, and will not involve AgList.org.

AgList.org is not responsible for transactions, misrepresentations, broker agreements, failure to deliver, payments, shipping, damaged, non-functioning or mal-functioning Products, or any accident, injuries that may be involved in the transaction. Moreover, AgList.org makes no warranties of any kind with respect to the fixtures, equipment, and stores or merchandise that are listed for sale on its site. All products and stores are listed as is and AgList.org has no responsibility for the condition of the Products or stores being sold.

Seller represents that it has good and merchantable title to the Product and Stores being listed, that all information, descriptions and statements relating to the Product and Stores are true and correct. Seller will indemnify and hold AgList.org harmless from any and all claims, demands, loss or expense arising out of a violation or alleged violation of these representations by seller.

The above hereby constitutes an agreement between and seller and AgList.org for use of the services of AgList.org and they are governed by and construed in accordance with the laws of the State of California. Any modification of the above shall be agreed to in writing by both Seller and AgList.org.

 

© Copyright AgList.org. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of AgList.org and its users and may not be redistributed.