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Terms | Cottage Produce

TERMS OF USE

Last updated January 19, 2024

AGREEMENT TO THESE LEGAL TERMS

This Site is owned and operated by Oregon Off Market LLC; doing business as Cottage Produce, and operates the website located at the URL cottageproduce.com. We (“Cottage Produce,” “we,” “us,” “our”) are a limited liability company, operating in West Linn, Oregon. This Site is a directory, engaging in advertising and marketing of our ads. We are a directory of local produce and service providers who primarily produce and service from one’s home, small business, homestead or farm. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. 

We operate the website https://www.cottageproduce.com; AKA the “Site” or “CP.”  You can contact us by phone at 503-387-3883 or email: [email protected]

This Site shall commonly be referred to as “CP”  throughout these Terms.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

These Legal Terms constitute a legally binding agreement made between you, or on behalf of an entity (“you”) and CP, concerning your access to and use of this Site. You agree that by accessing this Site and utilizing this Site, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. WHEN YOU ACCESS OR USE THIS SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER.

This Site and utilizations of this Site are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for this Site. 

1. SITE AND UTILIZATION

CP is not intended for distribution to or be used by any person or entity in any jurisdiction or country where such distribution or use is prohibited by law or regulation or which would subject the owners of CP to any registration requirement within such jurisdiction or country. Persons who choose to access CP from locations that prohibit or adhere to specific regulations/laws do so on their own initiative and are solely responsible for compliance with their local laws.

CP is not tailored to comply with industry-specific regulations such as: Federal Information Security Management Act (FISMA), Health Insurance Portability and Accountability Act (HIPAA), etc… If your interactions would be subjected to such laws, you may not use CP or CP Entities. You may not use CP in a way that would violate any Act, Bill, Regulation, or law.

2. OUR INTELLECTUAL PROPERTY AND COPYRIGHTS

We do not claim ownership of your content posted on CP; but, you grant us a license to use it through your use of CP. As a user of this Site, registered or not, you agree not to use CP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right(s) or other right(s) of any person; or that violates any applicable law. That being said, all content published and made available on our Site is the property of Oregon Off Market LLC, doing business as Cottage Produce, CP, and its creators. This includes, but is not limited to images, text, logos, documents, downloadable files, source code, databases, functionality, software, website designs, audio, video, text, photographs, and/or graphics in CP of CP. Our Content and Trademarks are protected by copyright and trademark laws. The Content and Trademarks provided herein are “AS IS” for your personal, non-commercial use or internal business purpose only.

3. USE AND PROHIBITED ACTIVITIES

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you permission to:

4. PROHIBITED ACTIVITIES

You may not access or use CP for any purpose other than that for which we make CP available. 

As a user of CP, you agree not to:

Any breach of these terms will constitute a withdrawal of your right to use CP and will terminate immediately. You further agree that repeated violations of the USE AND PROHIBITED ACTIVITIES section of these terms will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

5. YOUR SUBMISSIONS AND CONTRIBUTIONS

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using CP to understand the obligations you have when you post or upload any content through CP and the license(s) you grant us.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about CP (“Submissions”) or services, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose without acknowledgment or compensation to you.

Contributions: CP may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials through CP –including but not limited to text, writings, video, audio, photographs, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content and Contributions you post.

You understand that Contributions may be viewable by other users of CP, the general public, and possibly through third-party websites. By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, license and sublicense  (including use of your name, trademarks, and logos) to: use, copy, reproduce, distribute, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), adapt, transfer rights  and/or incorporate your Contributions, including without limitation your name, image, and voice for any purpose– commercial, advertising, or otherwise; to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels or entities.

This license includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of CP or making Contributions accessible through CP by linking your account through CP to any of your social networking accounts, you:

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

6. USER REPRESENTATIONS

By using CP, you represent and warrant that:

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of CP (or any portion thereof).

7. USER REGISTRATION

You are required to register to use CP and its platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

8. PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via CP. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through CP. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

9. FEES 

When you make a paid posting or purchase a paid membership, you authorize CP to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

10. CANCELLATION

You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term.

11. USER GENERATED CONTENT AND/ OR CONTRIBUTIONS

CP may invite you to provide relevant information as to the address of advertised good or services, create ads, chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us on CP, or the general public –including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of CP and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make any Contributions, you thereby represent and warrant that:

Any use of CP in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use CP.

12. CONTRIBUTION LICENSE

By posting your Contributions to any part of CP, you automatically grant the right to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, excerpt (in whole or in part), reproduce, disclose, publish, broadcast, retitle, publicly display, archive, store, cache, publicly perform, reformat, translate, transmit, and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise into any media formats and through any media channels.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on CP. You are solely responsible for your Contributions to CP and you agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion to edit, redact, or otherwise change any Contributions;  to re-categorize any Contributions to place them in more appropriate locations on CP; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

13. THIRD-PARTY WEBSITES AND CONTENT

CP may offer goods and services from our users and/or third parties. We cannot guarantee the quality or accuracy of goods and services made available by our users or  third parties on our Site. Such Content produced by our users and/or third parties are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us; and, we are not responsible for any Third-Party Websites accessed through CP or any Third-Party Content posted on, available through, or installed from CP, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave CP and access the Third-Party Websites, to use or install any Third-Party Content, you do so at your own risk; and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from CP or relating to any applications you use or install from CP. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or Site offered on Third-Party Websites  or practice, and you shall hold us blameless from any harm caused by your purchase of such products, website, or place of practice. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content, Site user, or any contact with Third- Party Websites.

14. Site MANAGEMENT

We reserve the right, but not the obligation, to:

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of CP at any time, for any reason, at our sole discretion without notice. We have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of CP.

We cannot guarantee CP will be available at all times. We may experience problems or need to perform maintenance related to CP, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify CP at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use CP during any downtime or discontinuance of CP. 

16. GOVERNING LAW

These Legal Terms and your use of CP will be governed by the internal laws of Oregon, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by jurisdiction in Clackamas County, OR (except we may seek preliminary or injunctive relief anywhere). 

14. DISPUTE RESOLUTION

Informal Negotiations

Any dispute, claims, or lawsuit  brought by either you or us (individually, a “Party” and collectively, the “Parties”), you agree to (1) submit to the personal jurisdiction of courts in Clackamas County, OR; (2) indemnify and hold CP Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of CP; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit. The Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Subject to any exceptions specified in these Terms of Use, if you and CP are unable to resolve any dispute through informal discussion, then you and CP agree to submit the issue to be resolved finally and exclusively by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitrator must be a neutral party acceptable to both you and Oregon Off Market LLC, AKA Cottage Produce, or CP. The costs of any arbitration will be paid by the losing party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clackamas County, Oregon. 

In no event shall any Dispute brought by either Party related in any way to CP be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

Arbitration shall be limited between the Parties, individually. No arbitration shall be joined with any other proceeding. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.

15. DISCLAIMER

YOU AGREE THAT YOUR USE OF CP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH CP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO CP AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH OR OF CP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU, ANY USER OF CP, OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16. LIMITATIONS OF LIABILITY

In no event will we, or our team members, be liable for any type of damages resulting from using our services or Site. This applies even if we’ve been informed of potential damages. To the full extent permitted by law, Oregon Off Market LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“CP Entities”) (1) make no promises, warranties, or representations as to CP, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide CP on an “AS IS” and “AS AVAILABLE” basis and any risk of using CP is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with CP. CP Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to CP, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

17. INDEMNIFICATION

Except where prohibited by law, by using this Site you indemnify and hold harmless Oregon Off Market LLC, AKA Cottage Produce, CP,  and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms of Use

18. USER DATA

We store specific data you provide to CP to manage its performance and to monitor your usage. Though we backup data regularly, you’re solely responsible for the data you transmit. We won’t be held liable for any loss or corruption of your data, and by using our Site, you waive any claims against us concerning such issues.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Engaging with our Site, sending us emails, using the Chat feature, Site comments, and completing forms online are considered electronic communications. You consent to receive communications electronically, which may include agreements, notices, or other types of disclosures. If you provide a phone number within the content of our Site, you agree to accepting text messages as a form of potential communication and the charges you may incur from your phone service provider. You agree to the use of electronic methods for signing contracts, placing orders, and receiving notices and other documents. Any requirements for non-electronic communications or signatures are hereby waived.

20. Severability

If at any time any of the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Use. All other provisions will not be affected by the removal and the rest of these Terms of Use and conditions will still be considered valid.

21. CHANGES


These Terms of Use may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site, and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

22. MISCELLANEOUS

These Legal Terms of Use, and any policies or operating rules posted by us on CP or in respect to CP, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(503) 387-3883
[email protected]