TERMS AND CONDITIONS ("TERMS")

Last updated: April 24, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the tomarket.farm website, any sub-domains thereof, API integrations or widgets we offer, messaging, mobile applications, or any of the services or features accessible therein, and any other website or web pages we own or operate that include a link to this statement and any services provided through our website (the "Website", or “Service”), whether as a guest or a registered user operated by Find Better Food, Inc., d/b/a ToMarket (“Company”, "us", "we", or "our").

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.

Communications

By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Service

The Website may provide you with access to certain products and services accessible thereon, and certain features, functionality and content accessible on or through the Website alone or via a mobile application. Primarily, the Website functions as a marketplace where users can engage in various transactions with each other, and includes features such as the ability to list products for sale, the ability to purchase such products, and other such functionality as may be available (collectively, "Service"). Your access to and use of the Service are governed by these Terms and Conditions and the Privacy Policy located at www.tomarket.farm which are incorporated herein by this reference. You acknowledge and agree when selling any product via the Service or when purchasing any product via the Service, we are merely facilitating a transaction between you and a third party, and you acknowledge and agree the actual contract for sale is directly between the seller and buyer, and not Company.

Listing Conditions

When listing an item for sale on the Service, you represent and warrant that: • The product listing is a true and accurate representation of the products. • You are the owner of the products, or otherwise authorized to sell them via the Service. • You have obtained all relevant authorizations and licenses necessary to sell such products from all relevant federal, state, and local governments and agencies. • If selling alcoholic products, you will conduct all necessary procedures, including age verification, at the time of product delivery. • Any material or content listed via the Service is not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, offensive, harassing, malicious, illegal, or otherwise objectionable. • Any material or content listed via the Service does not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law. • The sale of the products via the Service does not constitute a violation of any federal, state, and/or local law.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy and the legal terms and conditions of the third party payment processor. You will pay all listed fees for the selected products at the time of checkout (each, a “Payment Transaction”). Any request to make a Payment Transaction shall require our confirmation of acceptance and may also require additional verification or information from you before acceptance by us. We utilize third party payment processors, and you hereby agree that your chosen payment method for any Payment Transaction and for any applicable taxes and service fees will be charged. You agree to pay all charges incurred by you in connection with any credit card, debit card, or other payment method utilized in connection with a Payment Transaction with us.

We reserve the right to refuse or cancel your order at any time and for any reason, or no reason, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. Furthermore, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Company has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

The Website and Service are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company.

Prohibited Uses

You may use the Website and Service only for lawful purposes. You agree not to use the Website and ancillary services, such as the Mobile Application: • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or Mobile Application or expose them to liability. Additionally, you agree not to: • Use the Website and Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Service, including their ability to engage in real time activities through the Website or Service. • Use any robot, spider or other automatic device, process or means to access the Website or Service for any purpose, including monitoring or copying any of the material on the Website or Service. • Use any manual process to monitor or copy any of the material on the Website or Service or for any other unauthorized purpose without our prior written consent. • Use any device, software or routine that interferes with the proper working of the Website or Service. • Introduce any viruses, trojan horses, worms, logic bombs or other material. • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Service, the server on which the Website is stored, or any server, computer or database connected to the Website or Service. • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Website or Service.

Links To Other Web Sites

Our Website may contain links to third party web sites or services that are not owned or controlled by Company Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Company and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website and/or Service, by you or any person using your account and password; b) a breach of these Terms, c) your breach of any of the representations and warranties made in this agreement, or d) Content posted on the Service.

Limitation Of Liability

In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Company its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.