USER AGREEMENTThe following describes the terms on which Local Dirt offers you access to our services (hereafter all services are referred to as "Local Dirt"). These services include but are not limited to:
- Local Dirt (www.localdirt.com)
- Locavore mobile app
- Locavore (www.getlocavore.com)
- Locavore Search Widget (www.getlocavore.com/widget)
Welcome!By using the services provided by Local Dirt in its domains, sub-domains, and products, you agree to the terms and conditions provided in this Agreement. In addition, when using Local Dirt services you agree to adhere to any posted guidelines which may be updated periodically. If you have any questions, please contact us.
Prior to becoming a member of Local Dirt, you must read and accept all of the terms and conditions in, and linked to, this User Agreement.
These agreements are effective as of March 15, 2012.
ConductWhenever using Local Dirt, you will not:
- use our services if you are under the age of 18, not able to form legally binding contracts, or are suspended from Local Dirt;
- copy, modify, or distribute content from Local Dirt and Local Dirt's copyrights;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- compromise, transfer, or share your Local Dirt account (including feedback), Login or password to another party without our consent;
- interfere with other users' listings;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Local Dirt, or the interests or property of Local Dirt users;
- gather information about users without their consent;
- post items or content in an improper category or area;
- fail to deliver product purchased from you on the date specified, unless an alternate agreement has been reached and documented in writing with the buyer;
- fail to deliver payment for items purchased by you, unless the seller has agreed in writing to a price alteration, or a clear typographical mistake has been made;
- evade or manipulate our payment structure, the billing process, or fees owed to Local Dirt;
- take any action that may manipulate or undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of Local Dirt or for using it for purposes unrelated to Local Dirt); or
- violate any laws, third party rights, or our policies.
If we believe a user is not complying with the terms and conditions in this User Agreement, poses a legal liability, creates problems, or acts inconsistently with the letter or spirit of our policies, we reserve the right to terminate or suspend service, prohibit Local Dirt access, remove postings, and take technical and legal steps to prohibit access.
Prohibited and Restricted Items - OverviewBefore you list your item, you need to find out if your item is allowed on Local Dirt and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As a Local Dirt seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.
Violations of these policies may result in a range of actions, including:
- Listing cancellation
- Limits on account privileges
- Account suspension
- Loss of rating status
It is the responsibility of users to be aware of and compliant with these laws.
County and state laws
Policies about posting items are often based on country and state laws. These laws may also vary depending on product type, distribution methods, the end buyer, and the amount sold. This includes any state laws regarding certification, grading, sorting, labeling, or marketing. When selling across borders, be aware of trading and import restrictions. Certain items may be legal in your country or state, but may be illegal to sell outside border lines. Photos and comments may also be subject to regional laws. You are responsible for knowing and adhering to all country and state laws.
Rules for PostingTo promote a safe, fair, and enjoyable experience, Local Dirt has established a set of rules and policies for posting. These restrictions involve how certain items are described, and practices that would provide an unfair advantage or result in a negative user experience. Learning about Local Dirt listing policies before you post will help you to avoid unintentionally breaking rules.
Listings must not misrepresent items
Users need to make sure that their listings accurately represent the item being sold. When sellers use unfair methods to divert buyers to their listing, it is called search and browse manipulation. Except as noted in the specific policy as exceptions, sellers cannot:
- List any products other than food, beverages, flowers, or agricultural products (i.e. wool)
- Incorrectly identify or represent the Product Origin
- List items in inappropriate categories
- Include brand names or other inappropriate keywords in a title or description
- Have misleading titles that do not accurately describe the item
- List items, but then describe a different item in the description
All products listed on Local Dirt must identify their point of origin. Misrepresentation or omission of the Product Origin is called false labeling.
Whole foods and flowers listed on localdirt.com must be:
- Grown by the seller listing the product
- Grown at the location listed on the seller's profile
- Have spent a majority of their life owned by the seller listing the product
- Have spent a majority of their life at the location listed by the seller
- Have a majority of the processing done by the seller listing the product
- Have a majority of the processing done at the location listed by the seller
- List the farm and location of Product Origin with each whole food and flower product as outlined above
- List the processor who has done a majority of the processing, and the location of the processing facility with each processed food listing as outlined above
- Offer a catalog from which buyers may directly order
- Allow buyers a choice of significantly different items
- Include separate, hidden payment surcharges
- Offer the opportunity through Local Dirt to purchase the item or other merchandise outside of Local Dirt
- Use their Profile Page to promote outside-of-Local Dirt sales or prohibited items
- Include links that go outside of the Local Dirt site, with the exception of links to further descriptions, photos, and their business website.
- Promote giveaways, random drawings, raffles, prizes, or bonuses
- Create a listing that does not offer an item or service
- Solicit support for a cause or campaign
- Advertise a desire to buy or trade items, except as allowed in Deals & Requests
- Include third party endorsements
- Include third party credits
- Create test listings
- Use profanity in a listing
Proprietary RightsLocal Dirt is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Local Dirt is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of Local Dirt or the collective work, and/or copying or reproducing content displayed on or through Local Dirt to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Local Dirt. You further agree not to reproduce, duplicate or copy such content without the express written consent of Local Dirt, and agree to abide by any and all copyright notices displayed on Local Dirt. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Local Dirt service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Local Dirt service. When you give Local Dirt content, you grant Local Dirt a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
Fees and ServicesThe fees for joining Local Dirt, as well as the fees for using certain Local Dirt services, are set forth on our Membership Page. Listing, ordering and bidding on items in Local Dirt is free.
Disclaimer of WarrantiesYou agree that use of Local Dirt and the services offered by Local Dirt are entirely at your own risk. Local Dirt and services are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Local Dirt disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of Local Dirt services. To the fullest extent permitted by law, Local Dirt disclaims any warranties for other services accessed through any links on Local Dirt. To the fullest extent permitted by law, Local Dirt disclaims any warranties for viruses or other harmful components in connection with Local Dirt services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LiabilityYou will not hold Local Dirt responsible for other users' actions or inactions. You acknowledge that Local Dirt is not a broker. Local Dirt is a service to allow anyone to offer, sell, and buy locally at anytime. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, the timeliness of deliveries, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of Wisconsin Commercial Code ¤ 402.401(2) and Uniform Commercial Code ¤ 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Wisconsin Commercial Code ¤ 402.401(2) and Uniform Commercial Code ¤ 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of Local Dirt may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Local Dirt. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to the user or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100. Local Dirt may contain hyperlinks or "links" to and from other web sites. These web sites may have user agreements that differ from our User Agreement so please review the terms of any other web sites that you visit. Our User Agreement applies solely to our web site. These links do not imply any affiliation between Local Dirt and the owners of other web sites, or any endorsement, approval or verification of any content contained on other web sites.
PrivacyWe see privacy as a basic Community principle. Out of respect for your privacy, Local Dirt does not:
- Place monitoring devices onto your computer such as web beacons, or single-pixel gifs.
- Sell or distribute a member's information to third parties for marketing purposes.
- Send unsolicited communications for marketing purposes.
- Run banner ads, pop ups, pop unders, or any other kind of commercial ads.
- Engage in cross-marketing or link-referral programs with other sites.
UseOur goal when collecting information is to provide users with a convenient, efficient, and safe experience. You agree that your personal information may be used to provide the services you request, provide customer support, resolve disputes, troubleshoot problems, collect fees, prevent illegal activities, enforce our User Agreement, and improve our services.
CollectionYou are welcome to browse Local Dirt without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in the United States. We may collect and store the following personal information:
- Email address, physical contact information.
- Transactional information based on your activities on Local Dirt (such as buying, selling, products and content you generate or that relates to your account).
- Community discussions, chats, dispute resolution, correspondence through Local Dirt, and correspondence sent to us.
- Computer sign-on data, statistics on page views, traffic to and from Local Dirt, ad data, and other information, including IP address and standard web log information.
- Supplemental information submitted for verification or requested if site policies are suspected to be violated (for example, if we ask for cooperative status verification).
- Supplemental information from third parties (for example, rating feedback).
Our Disclosure of Your InformationWe may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. We may also share your personal information with:
- Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
- Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity.
Information You Share on Local DirtYour business name is displayed throughout Local Dirt (and so available to the public), and is connected to all of your Local Dirt activity. Other people can see your items for sale, Profile Page, ratings, feedback and associated comments. Notices sent to other Community members about suspicious activity and policy violations on our site refer to your business name and specific item listings. So if you associate your name with your business, the people to whom you have revealed your name will be able to personally identify your Local Dirt activities. If you access our site from a shared computer or a computer in an internet cafˇ, certain information about you, such as your email address, activity or reminders from Local Dirt, may also be visible to other individuals who use the computer after you.
CookiesWe use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness; and promote trust and safety. A few important things you should know about cookies are that:
- Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
- You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our site or services.
- You may encounter cookies from third parties on certain pages of the site that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)
Account ProtectionYour password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Local Dirt and change your password.
Accessing, Reviewing and Changing Your Personal InformationYou can see, review and change most of your personal information by becoming a member of Local Dirt. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and take other actions otherwise permitted by law.
SecurityYour information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
IndemnityYou will indemnify and hold us (and our officers, directors, agents, subsidiaries, affiliates, successors, service providers, joint ventures 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 your violation of any law or the rights of a third party.
No AgencyNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of DisputesIn the unlikely event a dispute arises between you and Local Dirt, our goal is to provide you with a neutral and cost effective means to resolve the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If, however, either you or Local Dirt choose to resolve the dispute through litigation, then any legal proceedings concerning this Agreement shall be brought in the U.S. District Court for the Western District of Wisconsin or the Dane County Circuit Court in Madison, Wisconsin, and you hereby consent to the personal jurisdiction of those Courts and waive any defenses that you may otherwise have relating to such jurisdiction.
Governing LawThis Agreement shall be governed in all respects by the laws of the State of Wisconsin as they apply to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents, without regard to conflict of law provisions.
GeneralWe reserve the right to amend this Agreement at any time. Amended terms will be posted on Local Dirt. Amendments shall automatically be effective 30 days after they are initially posted on Local Dirt. Use of Local Dirt assumes agreement with posted amendments. Notification of any amendments will be given to Local Dirt's users.