General Terms & Conditions

Empathy Market (“Empathy Market,” “we,” “us,” “our”) provides its services to you the user (“you”, “user”, “buyer”) through this website, located at www.empathymarket.com (the “Site”). The site, and all things contained within it, are subject to the following Terms of the Site (the “Terms”).

Please note that we reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without notification. If we change the Terms, we will post the changes on this page and will indicate at the bottom of this page the date these Terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you are welcome to leave the Site and refrain from using it in the future.

It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Site from time to time, including, without limitation, the Privacy Policy located at http://empathymarket.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms.

Access and Use of the Site
Site Description:

The Site:

The Site was developed to be an online marketplace which facilitates the sale of vegan products of all kinds. The Site is also designed serves as a resource for vegan information and news, and allow users to subscribe to our newsletter. Our aim is to ameliorate the process of vegan buyers and sellers reaching each other by providing an easy to use, enjoyable online shop environment. At our core, we strive to be an ecosystem which promotes, supports, & helps compassionate businesses & consumers thrive.

Newsletters:

The contents of each newsletter will vary, and we make no guarantees regarding the content of newsletters. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products featured in newsletters are not manufactured by Empathy Market, but rather by sellers using our platform. If you have any questions or complaints about a product, please contact us at support@empathymarket.com. We will try our best to resolve your issue.

General Registration Obligations:

You may be required to register with Empathy Market in order to access and use certain features of the Site. If you choose to register for the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form.

Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security:

We work hard to ensure your account information is kept secure. However, you must ensure the confidentiality of your password, username, and other account information. You are responsible for any and all activities that occur under your account. You agree to (a) immediately notify Empathy Market of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Empathy Market will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Site:

Empathy Market reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Empathy Market will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage:

You acknowledge that Empathy Market may establish general practices and limits concerning use of the Site. You acknowledge that Empathy Market reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Empathy Market reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use

User Conduct:

The following are examples of the kind of content and/or use that is illegal or prohibited by Empathy Market. Empathy Market reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Site to:
1    post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Empathy Market, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Empathy Market or its users to any harm or liability of any type;
2    impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3    solicit personal information from anyone under the age of 18;
4    harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
5    advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
6    interfere with or disrupt the Site or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
7    violate any applicable local, state, national or international law, or any regulations having the force of law;
8    further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9    obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.

Commercial Use:

Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is for your personal use and may not be used for direct commercial endeavors.

Buyer Payment:

To the extent you wish to make a purchase using the Site (for example, to purchase a product), you will be required to provide Empathy Market information regarding your credit card or other payment instrument (such as PayPal). You represent and warrant to Empathy Market that such information is true and that you are authorized to use the payment instrument. You agree to pay Empathy Market the amount that is specified on the Site in accordance with these Terms. All payments made are non-refundable. If you dispute any charges you must let Empathy Market know within thirty days after the date that Empathy Market charges you.

Taxes:

You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Site, including any district taxes in your jurisdiction.

Intellectual Property Rights

Site Content, Software and Trademarks:

You acknowledge and agree that the Site may contain content (“Site Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Empathy Market, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith is the property of Empathy Market, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Empathy Market.

The Empathy Market name and logo are trademarks and service marks of Empathy Market (collectively the “Empathy Market Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Empathy Market. Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Empathy Market Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Empathy Market Trademarks will inure to our exclusive benefit.

User Content Posted on the Site:

You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Empathy Market are non-confidential and Empathy Market will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Empathy Market may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Empathy Market, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Websites

The Site may provide links or other access to other sites and resources on the Internet. We have no control over such sites and resources and Empathy Market is not responsible for and does not endorse such sites and resources.

You further acknowledge and agree that Empathy Market will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Empathy Market is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Empathy Market and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, the products you buy from the Site, any User Content, your connection to the Site, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMPATHY MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EMPATHY MARKET MAKES NO WARRANTY THAT (I) THE SITE, PRODUCTS OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMPATHY MARKET WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMPATHY MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL EMPATHY MARKET’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EMPATHY MARKET IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Termination

You agree that Empathy Market, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Empathy Market believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. Empathy Market may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Empathy Market may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Empathy Market will not be liable to you or any third-party for any termination of your access to the Site.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Site and Empathy Market will have no liability or responsibility with respect thereto. Empathy Market reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.

General

These Terms constitute the entire agreement between you and Empathy Market and govern your use of the Site. The failure of Empathy Market to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site.

Your Privacy

All information relating to privacy of user data can be found in our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions and Support:

Please contact us at support@empathymarket.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

This document was last updated on January 21, 2016