The Market is a Venue
The Market acts as a venue to allow users who comply with the Association’s policies to offer, sell and buy hops and associated goods to each other within a fixed-price format. The Association is not directly involved in the transaction between buyers and sellers. As a result, the Association 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. The Association does not pre-screen users or the content or information provided by users. The Association cannot ensure that a buyer or seller will actually complete a transaction. The Association does not transfer legal ownership of the items from the seller to the buyer.
The Association cannot guarantee the true identity, age, and nationality of a user. The Association encourages you to communicate directly with potential transaction partners through the tools available on the Market. The Association facilitates transactions through PayPal. You agree to be bound by any terms and conditions of PayPal placed upon the transfer of funds to or from PayPal.
By agreeing to the Terms and Conditions, sellers acknowledge that they are hop growers, with primary operations in Canada. Hops sold on the Market are only to be hops grown in Canada. Sellers may only use their profiles to sell hops grown on their own farms, or by hop growing businesses owned and/or operated by them.
You agree that the Market is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Market. You use the Association’s service at your own risk.
We are not Brokers. By utilizing the Market, you acknowledge that we are not brokers. We are not your agent in any transaction you complete on the Market. You should not infer any recommendations by us on the advisability of any transaction.
User Contributions. The Market contains message boards, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Market.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Association, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Market.
Online Purchases and Other Terms and Conditions. A listing by a seller on the Market is: (i) an offer to sell the type and amount of goods listed to Market buyers via the Market at the price listed (which listing price includes our fees that will be deducted from your proceeds), (ii) an agreement to our fee and payment terms, and (iii) a representation and warranty by such seller that the goods are as described and that the seller has the authority and is ready to sell and deliver such goods upon acceptance by a buyer. Our fees are deducted from the seller’s price and are included in the listed price that is viewed by potential buyers.
The Association does not offer refunds or exchanges. All transactions conducted on the Market are final once filled, and any items purchased through the Market may not be returned or exchanged for any reason whatsoever. Discussion of returns or exchanges must be managed between buyer ad seller.
By entering into a transaction, a buyer is representing that such buyer is ready to, and will, tender the payment on the terms agreed via the Market. Once a buyer clicks [“Checkout”] via the Market, the buyer is making these representations and accepting the seller’s offer as to the quantity of goods indicated in the buyer’s purchase indication, at which point the buyer and the seller have entered into a binding contract between them for the sale, purchase and delivery of such goods, including any delivery terms committed to or represented in the listing or in further correspondence by the buyer to the seller.
Transaction payments will be completed through a third party, PayPal, and payment will be released upon proof of order fulfillment. PayPal will process payment from the buyer, retain our fees (out of which PayPal will collect its processing fees) and distribute those to us, passing the remaining proceeds to the seller. We do not include, pay or report sales taxes or any other taxes on sales through the Market. We believe that most sales through the Market will be exempt from sales taxes, however, it is your responsibility to determine whether any sales tax would be applicable to your sale or purchase and to report and pay such taxes. You are also responsible for retaining all records of your purchase in the event it may be needed in the future. Should any personal information necessary to fulfill your order change after the time your transaction was placed (such as billing address, shipping address or phone number), it is your responsibility to contact the Seller with updated information. If your goods are returned to us due to being provided incorrect shipping information, you may be subject to return shipment and handling fees.
Chargebacks. Chargebacks are discouraged. In the event of an attempted chargeback, the buyer will be responsible for all costs incurred as a result of such chargeback unless the buyer can demonstrate fraud.
Each chargeback represents a debt immediately due and payable by buyer to seller.
You acknowledge and agree that, as a buyer, you may be required to reimburse a seller for chargebacks in circumstances where you have submitted payment of the relevant transaction. To the extent permitted by applicable law, we shall notify you as soon as reasonably practicable of any applicable chargebacks and chargeback costs which how occurred or been incurred. Any chargebacks for which you are required to reimburse seller shall correspond to whole or part of the settlement value.
In the event that a party wishes, to dispute a charge and attempt a chargeback, it is such party’s responsibility to prove to our reasonable satisfaction that the debit of such party’s account was authorized by you, in addition to providing us with such other evidence as we or any card issuer or other financial institution may require you to provide in support of your claim.
We bear no responsibility for chargebacks. As chargebacks may arise a considerable period of time after the date of the relevant transaction, you acknowledge and agree that, notwithstanding any termination for whatever reason a buyer and a seller shall remain entitled to recover chargeback and chargeback costs from each other in respect of all chargebacks that in relation to transactions affected.
Sellers must create a PayPal merchant account prior to creating a listing on the Market. The Seller is therefore considered to be the merchant of record in all transactions. While chargebacks are strictly prohibited, the Market is not responsible for reimbursement for chargebacks or resolving any disputes related to chargebacks.
Although we believe that Buyers and Sellers will act responsibly and honestly in using the Market, we understand that disputes may arise with regard to sales, purchases and deliveries facilitated via the Market. Disputes are to be resolved between the Buyer and Seller and we encourage a Buyer or Seller who believes there is an issue with a purchase hereunder to contact the other party promptly in an attempt to resolve such issues as quickly as possible. We are not a party to the agreement formed between buyer and seller with regard to the sale, purchase and delivery of goods via the Market, and we are not responsible for the resolution of disputes or payment of any refunds or credits. This includes, but is not limited to, disputes over failed shipments, late shipments, mis-shipments, damage to goods prior to or during shipment, improper packaging, goods not matching description, quality of goods issues or incorrect quantity issues.
Accessing the Market and Account Security. We reserve the right to withdraw or amend this Market, and any service or material we provide on the Market, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Market is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Market, or the entire Market, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Market or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights. The Market and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, other than User-owned content provided by users in listings or other User Contributions on the Market), are owned by the Association, its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not: (a) modify copies of any materials from this site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Trademarks. The Company name, the Market name, the term “Your Source for Canada Grown Hops,” the Company logo, the Market logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Ontario Hop Growers’ Association or its affiliates or licensors. You must not use such marks without the prior written permission of the Association. All other names, logos, product and service names, designs and slogans on this Market are the trademarks of their respective owners.
Additionally, you agree not to: (a) use the Market in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Market, including their ability to engage in real time activities through the Market; (b) use any robot, spider or other automatic device, process or means to access the Market for any purpose, including monitoring or copying any of the material on the Market; (c) use any manual process to monitor or copy any of the material on the Market or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Market; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Market, the server on which the Market is stored, or any server, computer or database connected to the Market; (g) attack the Market via a denial-of-service attack or a distributed denial-of-service attack; (h) otherwise attempt to interfere with the proper working of the Market; or (i) use disrespectful, unprofessional, threatening, defamatory, abusive, profane, or inflammatory language when communicating via the Market or its Forum.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Market. YOU WAIVE AND HOLD HARMLESS THE ASSOCIATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Market, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Reliance on Information Posted. The information presented on or through the Market is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Market, or by anyone who may be informed of any of its contents.
This Market includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Association, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Association. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Market. We may update the content on this Market from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Market may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Market and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Market may provide certain social media features that enable you to: (a) link from your own or certain third-party Markets to certain content on this Market; (b) send e-mails or other communications with certain content, or links to certain content, on this Market; and (c) cause limited portions of content on this Market to be displayed or appear to be displayed on your own or certain third-party Markets.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Market. If the Market contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Markets linked to this Market, you do so entirely at your own risk and subject to the terms and conditions of use for such Markets.
Digital Millennium Copyright Act (DMCA). It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement posted to the Market or any of our sites by users. Takedown notices must include all of the information below, as suggested by the Act. Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the user posting the allegedly infringing information if we have current contact information so that they may make a counter notification. To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied.
2. Identify the material that is infringing on the work in item #1. This means the link to a webpage with the material on it.
3. Provide your contact information, preferably email and phone number.
4. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Send this information to:
Subject: DMCA Complaints
Geographic Restrictions. The owner of the Market is based in the Province of Ontario in Canada. We provide this Market for use only by persons located in Canada. We make no claims that the Market or any of its content is accessible or appropriate outside of Canada. Access to the Market may not be legal by certain persons or in certain countries. If you access the Market from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Market will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MARKET OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKET OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MARKET LINKED TO IT.
YOUR USE OF THE MARKET, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKET IS AT YOUR OWN RISK. THE MARKET, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKET ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ASSOCIATION NOR ANY PERSON ASSOCIATED WITH THE ASSOCIATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MARKET. WITHOUT LIMITING THE FOREGOING, NEITHER THE ASSOCIATION NOR ANYONE ASSOCIATED WITH THE ASSOCIATION REPRESENTS OR WARRANTS THAT THE MARKET, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKET WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MARKET OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKET WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE ASSOCIATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. IN NO EVENT WILL THE ASSOCIATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MARKET, ANY EXCHANGES LINKED TO IT, ANY CONTENT ON THE MARKET OR SUCH OTHER EXCHANGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKET OR SUCH OTHER EXCHANGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Comments and Concerns. This Market is operated by Ontario Hop Growers’ Association.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Market should be directed to: email@example.com.
Thank you for visiting the Canada Hop Market.