Terms and conditions
Warranties and Limitation of Liability
Items You Purchase: You understand that Hundredweight Market does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced, listed, and sold directly by independent sellers, so Hundredweight Market cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Hundredweight Market from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access: You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Hundredweight Market is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With: You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Third-Party Services: Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Hundredweight Market is not a party to those agreements; they are solely between you and the third party.
Gift Cards and Promotions: You acknowledge that Hundredweight Market does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES: Hundredweight Market is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and “as available” without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (I) the Services will be secure or available at any particular time or location; (II) any defects or errors will be corrected; (III) the Services will be free of viruses or other harmful materials; or (IV) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
LIABILITY LIMITS: To the fullest extent permitted by law, neither Hundredweight Market (including its officers, directors, employees, agents, subsidiaries, partners, or affiliates) shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these terms. In no event shall Hundredweight Market’s aggregate liability for any damages exceed the greater of: (a) $100, (b) any amounts due under the Hundredweight Market purchase protection program up to the price you paid for an item sold by a third party on Hundredweight Market (including any applicable sales tax) and its original shipping costs, or (c) the amount you paid Hundredweight Market in fees in the past 12 months prior to any action giving rise to the liability. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
Indemnification
We hope this never happens, but if Hundredweight Market gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Hundredweight Market (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Hundredweight Market’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.