Terms of Service
Last updated: October 30, 2017
- Overview of Site
- The Site is a marketplace connecting sellers (“Sellers”) with Products to interested buyers (“Buyers”) and facilitating transactions between them. Whether you are using the Site as a Seller, a Buyer, or both, you agree to use the Site for its intended purpose and to abide by these Terms.
- Your Account
- You may need to create your own Infield account to use certain Services and sell or buy Products through the Site. We may request information about you and your products, suppliers, manufacturers, warehouses and facilities, shipping services, insurance and other matters. You agree to provide such information and, at our request, any supporting documentation, and you represent that all such information is accurate and complete. We reserve the right to refuse service, terminate your accounts, terminate your right to use the Service, and remove or edit content provided by you in our sole discretion.
- Product Descriptions
- Product descriptions are provided by the Seller. Sellers agree that such descriptions are accurate and complete and comply with all applicable laws and regulations, including without limitation laws related to advertising. Product descriptions or content provided on the Site are subject to Infield’s internal verification review on an ongoing basis. Any reliance that a Buyer places on Product descriptions is strictly at Buyer’s own risk. If a Product is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.
- All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed. Posted prices do not include applicable taxes or charges for shipping and handling. All such taxes and charges will be billed to you in accordance with Section 6 of these Terms. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Sellers agree to make samples available for all Seller Products unless otherwise agreed by Seller and Infield with respect to a particular Product. Buyers may request and purchase samples of Products for $20 per sample plus taxes and charges for shipping and handling. Samples are non-returnable.
- Shipments and Delivery
- Buyer shall handle all shipping arrangements through its own carrier, unless specifically agreed otherwise. The Products you order may be filled from multiple Sellers and/or multiple locations, so items may arrive separately. All delivery dates are approximate. Infield and Sellers are not liable for any delay caused, directly or indirectly, by the elements, accidents, any governmental action, prohibition or regulation, shortage or inability to obtain or non-arrival or defect of any labor, material, ingredient or product, failure of any party or third party to perform, or from any other cause whatever beyond our control. Infield and Sellers are not responsible for monetary damages of any kind resulting from any delay.
- Risk of Loss
- Title to and risk of loss or damage to the Products passes to Buyer upon delivery to the carrier. Buyer shall make claims for losses or damage directly with the carrier. Any loss or damage that occurs during shipping is Buyer’s responsibility. At no time whatsoever does Infield accept risk of loss or damage to any Product.
- Inspection of Products
- Upon receipt of Products, Buyer shall inspect the Products and notify [us/the Seller] of any quality issue, incompleteness of or damage to the Products. Unless Buyer provides written notice to Seller of any claim for any quality issue, incompleteness of or damage to the Products within 20 days of receipt, such Products will be deemed conforming, accepted by Buyer, and non-refundable. If a Product is returned due to a quality issue, the Buyer will provide copies of any third party lab tests and return the Product with any foreign matter and original packaging left as is. If a Product is returned due to damage, the Buyer will provide proof of damage by photo or indication on the bill of lading when delivered. Any damage caused by the shipping agent must be brought to [our/Seller’s] attention immediately, and the delivery must be refused so that the shipping agent can inspect the product and/or contact the shipper.
- Returns and Refunds
- At the time of purchase all Products are designated as final sale or non-refundable. Buyer may request a return for reasons other than those related to any quality issue, incompleteness of or damage to the Products, within 20 days of receipt of the Products. To request a return, you must email our Returns Department here to obtain a Return Merchandise Authorization number (“RMA”). No returns of any type will be accepted without a RMA. Upon receipt of such written notice, Infield will use reasonable efforts facilitate a return between Buyer and the Seller, but shall not be held liable for any loss or damage resulting from disputes between the Buyer and Seller. Return shipping costs, and risk of loss or damage during return shipping, are at Buyer’s sole expense and risk. When the returned Product is received back in its original condition and packaging, we will refund Buyer the original purchase price, less the original shipping and handling costs, and less a 20% restocking fee.
- Third Party Sites
- Our Site may contain links to third¬ party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any 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. Infield takes no responsibility and assumes no liability for any content posted by you or any third party.
- Disclaimer of Warranties
- YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT (A) INFIELD IS AGENT OF THE PRODUCTS, (B) INFIELD RESERVES THE RIGHT TO REVIEW, INSPECT, OR INVESTIGATE THE PRODUCT DESCRIPTIONS ON THE SITE OR THE PRODUCTS THEMSELVES, (C) INFIELD RESERVES THE RIGHT TO REVIEW THE BACKGROUND OR IDENTITY OF ANY SELLER OR BUYER, AND (D) THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND INFIELD DOES NOT WARRANT THAT THE SITE OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THEY WILL MEET YOUR REQUIREMENTS. INFIELD DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. IF A WARRANTY BY A SELLER OR THIRD PARTY MANUFACTURER IS POSTED ON THE SITE BY THE SELLER OR OTHERWISE APPLICABLE, YOU MAY ONLY SEEK ENFORCEMENT OF THAT WARRANTY THROUGH THE SELLER OR THIRD PARTY MANUFACTURER, AS APPLICABLE, AND NOT THROUGH INFIELD.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFIELD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, MANUFACTURERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT INFIELD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICE FOR: PERSONAL INJURY; WRONGFUL DEATH; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; FAILURE OF PERFORMANCE; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE PERFORMANCE OR FAILURE OF PERFORMANCE OF THESE TERMS, OR THE SALE, USE OR HANDLING OF THE PRODUCTS OR ANY COMPONENTS OR INGREDIENTS THEREOF SHALL BE LIMITED TO THE AGGREGATE PURCHASE PRICE PAID BY YOU TO INFIELD FOR THE PRODUCTS FOR WHICH SUCH CLAIM, DEMAND, ACTION OR PROCEEDING RELATES. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INFIELD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- You agree to defend, indemnify, and hold harmless Infield, its affiliates and each of its and its affiliates’ employees, contractors, directors, officers, suppliers, third party manufacturers and representatives (“Infield Indemnitees”) from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities (“Losses”), that arise from or relate to your breach of these Terms. In addition, each Seller agrees to indemnify and hold harmless Infield Indemnitees from all Losses that arise from errors or omissions in content provided by such Seller or from Products sold by such Seller directly or indirectly through the Site or otherwise to Infield, Buyers or other parties introduced or identified by Infield. Infield reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- You agree not to circumvent, avoid, or bypass Infield by identifying a Buyer, Seller or other party through the Site and then contacting or doing business with such party, directly or indirectly through an intermediary other than Infield.
- No Third-Party Beneficiaries
- These Terms are an agreement between you and Infield only and are not intended to confer any rights or remedies upon any other third party other than you.
- You are solely responsible for ensuring that these Terms comply with all laws, rules and regulations applicable to you. Your right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited and, in such circumstances, you agree not to use the Service or access the Site in any way.
- Infield may terminate or suspend access to the Service immediately, without prior notice or liability, with or without cause, for any reason whatsoever. 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.
- Governing Law
- These Terms shall be governed and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions, and the United States of America. 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 between us regarding the Service.
- Any controversy or claim not resolved with you after 60 days arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Diego, California, unless you and Infield agree otherwise, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, we may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
- We reserve the right, at our sole discretion, to modify or replace these Terms and update the content of the Site at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
© 2017 Infield Consulting, Inc.