Terms of Use

Oogle Terms of Use

I. Terms of Use for Oogle

THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” or with “your”) AND Blue Arctic, LLC, a FLORIDA LIMITED LIABILITY CORPORATION (referenced herein as “Oogle”), THAT APPLIES EACH TIME YOU ACCESS OR USE www.oogle.com (“Website”). PLEASE READ THESE TERMS OF USE (“TOU”) CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE CONTENT (“OOGLE Materials”) PROVIDED THROUGH THIS WEBSITE.

OOGLE IS WILLING TO ALLOW YOU TO USE THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO THESE TOU.  IF YOU ARE UNABLE OR UNWILLING TO AGREE TO THIS TOU FOR ANY REASON, YOU AGREE THAT YOUR PERMISSION IS IMMEDIATELY REVOKED TO ACCESS OR USE THIS WEBSITE AND AGREE TO CEASE USING OR ATTEMPTING TO USE THIS WEBSITE IMMEDIATELY.

Introduction

By using this website, you are agreeing to these Terms of Use without any restriction or reservation. These Terms of Use govern your Website experience and your interactions with buyers and sellers.

License to use website

Subject to your compliance with this TOU, Oogle provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize this WEBSITE. Unless otherwise stated, Oogle owns the intellectual property rights published on this website and all materials used on herein. Subject to the terms below, all these intellectual property rights are fully reserved. This means you are not permitted to utilize our intellectual property under any circumstance unless we provide you expressed, written permission to do so.

You may view and download for caching purposes files or other content from our website for your own personal use, subject to the restrictions set out below and throughout this agreement in other parts.

Restrictions

You must use this website in a responsible manner. Notwithstanding the foregoing license grant, you may not change, translate, decompile, modify, create derivative work(s) of, distribute, copy, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, on this WEBSITE.  Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this website that is not expressly authorized for your use.

Moreover, you may not:

 

(i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or in any way reproduce or circumvent the navigational structure or presentation of this website in order to obtain or attempt to obtain any of Oogle’s Materials or any other information through any means not purposely made available through this WEBSITE;

(ii) attempt to gain unauthorized access to (a) any portion or feature of this website, (b) any other systems or networks connected to this website, (c) any OOGLE server, or (d) to any of the services offered on or through this website, by hacking, password “mining,” or any other illegitimate or prohibited means;

(iii) probe, scan, or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website;

(iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this website,

(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or OOGLE ’ systems or networks or any systems or networks connected to this website,

(vi) use any device, software, or routine to interfere with (a) the proper working of this website, (b) any transaction conducted on this website, or (c) with any other person’s use of this website,

(vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to OOGLE  on or through this website,

 

(viii) use this website to harvest or collect e-mail addresses, contact information, or other user or visitor information; or

(ix) use this website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact OOGLE.

Direction to Third Partys

By agreeing to this TOU, you acknowledge that Oogle has the right to direct you to third party websites or to even third party vendors if we choose. By agreeing to these terms, you also acknowledge that Oogle will not be responsible for the actions of any third party we may link you to.

By agreeing to this TOU, you also understand that you will be dealing with Third Party Buyers and Sellers on this Website. Oogle does not take responsibility for the actions of any Third Party and you expressly absolve and indemnify Oogle from the actions of anyone you interact with as a result of this Website. The actions, words, products, or even services of all Third Partys affiliated or met through this website are personally responsible for their actions and Oogle will not be held liable.

No warranties

We provide this website “as is” and you see what you get. Sometimes it may not be available, but you acknowledge that we have not warranted that it will always be available. Sometimes we may have to take the website down for maintenance or for other reasons and this is our right. You agree that your business, your personal wellbeing, and your life will not be impacted by the unavailability of this website and you understand that we do not warrant that a fully functional website will exist 24 hours a day, 7 days a week. We also do not warrant that the profiles of third parties or the descriptions of any products listed on the website are accurate, fresh, okay for consumption, or healthy. You assume the risk and proceed at your own risk with your interactions on this website without our Warranty.

Full Limitation of Liability and Indemnity

BY ACCEPTING THESE TERMS, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR IMAGE, OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU WAIVE YOUR RIGHTS AND ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS WEBSITE OR THE PRODUCTS FROM VENDORS WHO YOU DO BUSINESS WITH THROUGH THIS WEBSITE.

We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website or products utilized from this website or any third party websites we may direct you to:

to the extent that this website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

You expressly absolve and release us from any claim of harm resulting from a cause beyond our reasonable control, including, but not limited to: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; computer viruses; unauthorized access; theft; operator errors; severe weather; earthquakes; or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

Additionally, by using this website to buy and sell locally, you agree to defend OOGLE and any or all of our sponsors, members, affiliates, suppliers, artists, promotional partners, operational service providers, agents and representatives (collectively, the “OOGLE  Entities”) against any demands, claims or actions arising out of or as a result of your breach or violation of this TOU, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold OOGLE  harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. OOGLE shall have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

Exceptions

This TOU will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Advisory

Before you as a Seller list livestock, milk, eggs, or produce, you are responsible for checking to ensure your local county in your state permits this type of listing and sale. It is possible that your local and/or state regulations could prohibit the sell of livestock, produce, or other products. Oogle does not take responsibility for determining what is and is not permitted to be sold. You agree that you will check to ensure your item is legally permissible to be sold prior to listing it. Just because a product may not be permissible to list for human consumption, you may properly list it as permissible for animal consumption. However, it is your responsibility to determine the regulations in your jurisdiction.

If it is determined you list an illegal product, you agree to indemnify Oogle from all legal and/or criminal action. You also understand that we may bring suit against you in the jurisdiction of our choice. In the event that your product cannot be listed because of local regulations, you may, however, ask for a rehoming fee, donations or a farmer fee to cover costs.

When purchasing products like meat, milk, eggs, or produce, we encourage buyers to ask questions, understand how your product was raised or grown, and inquire as to whether or not the product has hormones or GMOs. Oogle does not take responsibility for the products you purchase, the safety of these products, the health benefits or detriments, or the quality. As a Buyer, you assume all risk in relation to these products, the benefits or the harms they may cause, and agree to only hold the Seller liable in the event you suffer harm. You agree that Oogle is not responsible for any of negative effect you receive from the products you purchase.

Reasonableness

By using this website to buy and sell locally, you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable and govern your use of this website. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease from utilizing this website.

Other parties

You accept that, as a limited liability entity, Oogle has an interest in limiting the personal liability of our Members and/or Employees. You agree that you will not bring any claim personally against Oogle Members or Employees in respect of any losses you suffer in connection with this website. Any claim you may bring should be brought to the proper buyer or seller on this website, not to Oogle (Blue Arctic, LLC) since you have indemnified Oogle of any and all liability and harm you may face or receive from buying and selling locally through this Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Oogle’s Members, Employees, agents, partners, subsidiaries, successors, assigns and sub-contractors.

Breaches of this TOU

Without prejudice to Oogle’s other rights under this TOU, if you breach this agreement in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers utilizing your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website, and/or bringing legal proceedings against you.

Assignment

Oogle may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this TOU without notifying you or without obtaining your consent. This is our Website and we are permitted to do as we please in regards to the functionality, legal rights, intellectual property rights, warranties, and maintenance as we see fit.

However, in consideration for being given the license to utilize this website, you agree that you may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the TOU under ANY circumstance.

Severability

If a provision of these TOU is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that specific part will be deemed to be deleted, and the rest of the provisions will continue in effect.

Entire agreement

These TOU constitute the entire agreement between you and Oogle in relation to your use of this website, your purchase or selling of any products through this website, and supersede all previous agreements, except for our Privacy Policy, in respect to your use of this website.

Law and jurisdiction

These TOU will be governed by and construed in accordance with the laws of Florida, USA. You agree to submit to the Personal Jurisdiction of the State of Florida by using this website.

Variation

Oogle may revise this TOU from time-to-time. Revised TOU will apply to the use of this website from the date of the publication of the TOU on this website. Please check this page regularly to ensure you are familiar with the most current version.

Contact Information

Oogle welcomes your questions or comments regarding these TOU by sending us an e-mail at [email protected]