Terms and Conditions

Agreement between user and OurCupboard.com

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY OURCUPBOARD.COM, INC. AND ITS SUBSIDIARIES (COLLECTIVELY, “OURCUPBOARD.COM” OR THE “SITE”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.OURCUPBOARD.COM (THE “SITE”), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY OURCUPBOARD.COM (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

OurCupboard.com is a Venue

OurCupboard.com is a communications platform for enabling the connection between individuals seeking to buy food and other goods (“OurCupboard.com Buyers”) and/or individuals seeking to sell food and other goods (“OurCupboard.com Sellers/Vendors”). OurCupboard.com connects OurCupboard.com Sellers and OurCupboard.com Buyers. OurCupboard.com Sellers and OurCupboard.com Buyers together are hereinafter referred to as “Users.” Those certain food and other goods requested by the OurCupboard.com Buyers, which are to be provided by the OurCupboard.com Sellers are hereinafter referred to as “Services.”

OurCupboard.com acts as a venue to allow users who comply with OurCupboard.com’s policies to offer, sell and buy certain goods within a fixed-price format. OurCupboard.com is not directly involved in the transaction between buyers and sellers, except for facilitating and transfer of payments. As a result, OurCupboard.com has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. OurCupboard.com does not pre-screen users (except for Services that require an application) or the content or information provided by users. OurCupboard.com cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, OurCupboard.com does not transfer legal ownership of items from the seller to the buyer.

Electronic Communications

Visiting OurCupboard.com or sending emails to OurCupboard.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OurCupboard.com is not responsible for third party access to your account that results from theft or misappropriation of your account. OurCupboard.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OurCupboard.com’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OurCupboard.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

OurCupboard.com does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use OurCupboard.com only with permission of a parent or guardian.

Right to Refuse Service: OurCupboard.com’s services are not available to temporarily or indefinitely suspended OurCupboard.com members. OurCupboard.com reserves the right, in OurCupboard.com’s sole discretion, to cancel unconfirmed or inactive accounts. OurCupboard.com reserves the right to refuse service to anyone, for any reason, at any time.

Links to third party sites/Third party services

OurCupboard.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OurCupboard.com and OurCupboard.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OurCupboard.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OurCupboard.com of the site or any association with its operators.

Certain services made available via OurCupboard.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the OurCupboard.com domain, you hereby acknowledge and consent that OurCupboard.com may share such information and data with any third party with whom OurCupboard.com has a contractual relationship to provide the requested product, service or functionality on behalf of OurCupboard.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are solely responsible for your conduct and activities on and regarding to OurCupboard.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on OurCupboard.com

You are granted a non-exclusive, non-transferable, revocable license to access and use OurCupboard.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OurCupboard.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OurCupboard.com or its suppliers and sellers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from OurCupboard.com Products available on OurCupboard.com are not intended for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OurCupboard.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OurCupboard.com or our licensors except as expressly authorized by these Terms.

License: OurCupboard.com does not claim ownership rights in your Content except for the photography created and uploaded by OurCupboard.com You grant OurCupboard.com a license solely to enable OurCupboard.com to use any information or Content you supply OurCupboard.com with, so that OurCupboard.com is not violating any rights you might have in that Content. You grant OurCupboard.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow OurCupboard.com to store, translate, or re-format your Content on OurCupboard.com and display your Content on OurCupboard.com in any way OurCupboard.com chooses. OurCupboard.com will only use personal information in accordance with OurCupboard.com’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another OurCupboard.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for OurCupboard.com-related communications. OurCupboard.com has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any OurCupboard.com user to your email or physical mail list. For more information, see OurCupboard.com’s Privacy Policy.

Re-Posting Content: By posting Content on OurCupboard.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold OurCupboard.com harmless for any dispute concerning this use. If you choose to display your own OurCupboard.com-hosted image on another website, the image must provide a link back to its listing page on OurCupboard.com

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

OurCupboard.com has no obligation to monitor the Communication Services. However, OurCupboard.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OurCupboard.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

OurCupboard.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OurCupboard.com’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OurCupboard.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, OurCupboard.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Idea Submissions: OurCupboard.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and OurCupboard.com shall not be liable for the disclosure or use of such Material. If, at OurCupboard.com’s request, any member sends Material to improve the site (for example through the Forums or to customer support), OurCupboard.com will also consider that Material to be non-confidential and non-proprietary and OurCupboard.com will not be liable for use or disclosure of the Material. Any communication by you to OurCupboard.com is subject to this Agreement. You hereby grant and agree to grant OurCupboard.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Application Programming Interface (the “API”), documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

International Users

The Service is controlled, operated and administered by OurCupboard.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OurCupboard.com Content accessed through OurCupboard.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

No Warranty

OURCUPBOARD.COM, OURCUPBOARD.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OURCUPBOARD.COM’S SUPPLIERS PROVIDE OURCUPBOARD.COM’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OURCUPBOARD.COM, OURCUPBOARD.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OURCUPBOARD.COM’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM OURCUPBOARD.COM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL OURCUPBOARD.COM, AND (AS APPLICABLE) OURCUPBOARD.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OURCUPBOARD.COM’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, OURCUPBOARD.COM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

OURCUPBOARD.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OURCUPBOARD.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO OURCUPBOARD.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD OURCUPBOARD.COM AND (AS APPLICABLE) OURCUPBOARD.COM’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Termination/access restriction

OurCupboard.com reserves the right to modify or terminate the OurCupboard.com service for any reason, without notice, at any time. OurCupboard.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If OurCupboard.com makes a material change OurCupboard.com will notify you here, by email, by means of a notice on our home page, or other places OurCupboard.com deems appropriate. What constitutes a “material change” will be determined at OurCupboard.com’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of law; arbitration

Disputes with OurCupboard.com: In the event a dispute arises between you and OurCupboard.com, please contact OurCupboard.com Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Tolland County, Connecticut, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the State of Connecticut. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and OurCupboard.com agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, OurCupboard.com encourages you to contact the user or third party to resolve the dispute amicably.

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on OurCupboard.com, they may choose to contact OurCupboard.com in order to resolve the dispute. OurCupboard.com provides its dispute resolution process for the benefit of users. OurCupboard.com does so in OurCupboard.com’s sole discretion, and OurCupboard.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that OurCupboard.com attempts to resolve a dispute, OurCupboard.com will do so in good faith based solely on OurCupboard.com’s policies. OurCupboard.com will not make judgments regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

You release OurCupboard.com (and OurCupboard.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Access and Interference

OurCupboard.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on OurCupboard.com is updated on a real-time basis and is proprietary or is licensed to OurCupboard.com by OurCupboard.com’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access OurCupboard.com for any purpose whatsoever, except to the extent expressly permitted by and in compliance with OurCupboard.com’s API Terms of Use or otherwise without OurCupboard.com’s prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in OurCupboard.com’s sole discretion, an unreasonable or disproportionately large load on OurCupboard.com’s infrastructure

Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in OurCupboard.com Guidelines from the Site except to the extent expressly permitted by and in compliance with OurCupboard.com’s API Terms of Use or otherwise without the prior express written permission of OurCupboard.com and the appropriate third party, as applicable

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Bypass OurCupboard.com’s robot exclusion headers or other measures OurCupboard.com may use to prevent or restrict access to OurCupboard.com

Breach

Without limiting any other remedies, OurCupboard.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn OurCupboard.com’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

OurCupboard.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, the Copyright Policy, or other policy documents and community guidelines incorporated herein

OurCupboard.com is unable to verify or authenticate any of your personal information or Content; or OurCupboard.com believes that a user is acting inconsistently with the OurCupboard.com’s policies, has engaged in improper or fraudulent activity in connection with OurCupboard.com or the actions may cause legal liability or financial loss to OurCupboard.com’s users or to OurCupboard.com

OurCupboard.com reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on OurCupboard.com

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OurCupboard.com as a result of this agreement or use of the Site. OurCupboard.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OurCupboard.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OurCupboard.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OurCupboard.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OurCupboard.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

No Guarantee

OurCupboard.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside OurCupboard.com’s control.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

OurCupboard.com Guidelines:

Because transparency matters on OurCupboard.com, we ask OurCupboard.com Sellers to list the producer of each item clearly and share information about suppliers of their food inputs involved in the making of their food items for sale. Reselling an item you were not involved in making or is not clearly identified, as an item from a neighboring food producer that belongs to an “OurCupboard.com Seller” is not allowed. The Sellers in the OurCupboard.com need to be pre-approved by the administrator by email.

OurCupboard.com Sellers are Independent Businesses

OurCupboard.com Seller shops must meet OurCupboard.com’s standards of customer service. The Sellers have the obligation to always provide the freshest and best quality product or as good as depicted on the photography featured on OurCupboard.com In the unlikely event that a transaction does not go as planned, the buyer and seller should work together to reach a resolution. If they can’t reach a resolution, they can contact OurCupboard.com for mediation.

Honesty is important to OurCupboard.com and our community. We ask that OurCupboard.com Sellers represent themselves, their business, and their items accurately.

OurCupboard.com may reach out to OurCupboard.com Sellers in violation of these guidelines. While we prefer to help you bring your OurCupboard.com Seller shop into compliance with our rules, OurCupboard.com may close OurCupboard.com Seller shops that do not comply.

Refunds

We want the customer to be completely satisfied with their order and we offer 100% refund for each purchase requested within 48 hours of receiving their product. The Seller agrees to refund the customer in full within this time frame. Refunds must be processed though Ourcupboard.com. Ourcupboard.com is not responsible for crediting Seller accounts for refund transactions that occur off site.

Seller Fees Policy

Changes to the fees policy and the fees for OurCupboard.com’s services are effective after OurCupboard.com provides you with at least fourteen (14) days’ notice by posting the changes on the Site or by individually emailing the Seller that will be affected by the change. However, OurCupboard.com may choose to temporarily change the fees policy and the fees for OurCupboard.com’s services for promotional events (for example, free shipping); such changes are effective when OurCupboard.com posts the temporary promotional event on the Site. OurCupboard.com may, at OurCupboard.com’s sole discretion, change some or all of OurCupboard.com’s services at any time. In the event OurCupboard.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using OurCupboard.com. OurCupboard.com will pay the Sellers the total invoiced amount minus the OurCupboard.com transaction fees, once weekly on Friday for all the transactions in the previous week (Friday to Thursday), for which the credit window has expired, and for which refund request has not been received.

Fees and Termination: If OurCupboard.com terminates a listing or your account, if you close your account, or if the payment of your OurCupboard.com fees cannot be completed for any reason, you remain obligated to pay OurCupboard.com for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact OurCupboard.com

Commission or Transaction fees

When you make a sale on OurCupboard.com, you will be charged a transaction fee. This amount is discretionary for each seller and does not include the shipping cost, packaging fees or tax. Transaction fees are deducted from the total invoice amount when OurCupboard.com pays you the amount owed.

Shipping Fees

OurCupboard.com might change the shipping fees that it charges from the customer at it’s own discretion. Shipping fees are deducted from the total invoice amount when OurCupboard.com pays the OurCupboard.com Seller the amount owed.

Listing and Selling

Listing Description: All listings on OurCupboard.com must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with OurCupboard.com’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your OurCupboard.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category and subcategory with appropriate description. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to cancel or modify the order in timely manner or ship the order / otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item’s price after a sale for the purpose of avoiding OurCupboard.com transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Prohibited, Questionable and Infringing Items and Activities

Restricted Activities: Your Content and your use of OurCupboard.com shall not:

·       Be false, inaccurate or misleading

·       Be fraudulent or involve the sale of illegal, counterfeit or stolen items

·       Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, OurCupboard.com’s Copyright and Intellectual Property Policy)

·       Violate this Agreement, OurCupboard.com Guidelines, Seller Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

·       Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies

·       Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

·       Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including OurCupboard.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

·       Interfere with a seller’s business or shop

·       Take any action that may undermine online reviews or feedback

·       Be obscene or contain child pornography

·       Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

·       Host images not part of a listing

·       Modify, adapt or hack OurCupboard.com or modify another website so as to falsely imply that it is associated with OurCupboard.com;

·       Appear to create liability for OurCupboard.com or cause OurCupboard.com to lose (in whole or in part) the services of OurCupboard.com’s ISPs or other suppliers

·       Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, OurCupboard.com Guidelines, or other policy documents as posted on OurCupboard.com

Furthermore, you may not list any item on OurCupboard.com (or consummate any transaction that was initiated using OurCupboard.com’s service) that, by paying to OurCupboard.com the packaging fee or the final value fee, could cause OurCupboard.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Connecticut, excluding its conflicts of laws rules, and the United States of America.

Survival

Sections: Seller’s Guidelines, Content, License, Information Control, Resolution of Dispute and Release, OurCupboard.com’s Intellectual Property, Access and Interference, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guaranty, Severability, No Agency, Choice of Law shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to OurCupboard.com, in your case, to the email address you provide to OurCupboard.com (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, OurCupboard.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OurCupboard.com In such case, notice shall be deemed given three days after the date of mailing.

Disclosures

The services hereunder are offered by OurCupboard.com Inc., located at 40 Seckar Road, Willington Ct 06279.. Changes to Terms

OurCupboard.com reserves the right, in its sole discretion, to change the Terms under which OurCupboard.com is offered. The most current version of the Terms will supersede all previous versions. OurCupboard.com encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

We welcome your questions or comments regarding the Terms:

Email Address: contact@OurCupboard.com

Effective as of August 1, 2019

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