The Terms Of Service (“Terms”) lay out the specific rights and responsibilities of both the user and the OffTheLand classifieds platform (“Platform”). By using the Platform, you are entering into a legally binding contractual agreement that can impact matters like disputes, liabilities, privacy, and more. The Terms also describe what is prohibited on the site, so as to avoid future issues. Not understanding one's legal obligations or the limitations of the marketplace's responsibilities could lead to adverse consequences later in time.
You acknowledge and consent that engaging with the OffTheLand classifieds platform and participating in offline interactions with other individuals entails inherent risks, as elucidated in Section 9 (“User Responsibility and Risk Acknowledgment”) of this agreement.
IT IS IMPORTANT TO THOROUGHLY REVIEW AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE ENGAGING IN ANY ACTIVITIES ON THE PLATFORM AS THEY CONTAIN A BINDING CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
Welcome to OffTheLand, an online classifieds where users can engage in sharing, trading, buying, and selling of various items directly with one-another. It is important to understand that OffTheLand does not directly supply any items involved in these transactions, rather, these are exclusively provided by individual OffTheLand users. OffTheLand does not assume liability for the actions or inactions of its users, including but not limited to any acts or omissions arising during the use of its services.
Please carefully review the following terms and conditions that govern your use of the OffTheLand platform. When you access this Platform, register for an account, transact, or communicate with other users, you are indicating that you have read, comprehended, and consented to abide by these terms and conditions. These terms encompass the rules, policies, and guidelines that govern your usage of the platform, including but not limited to your rights and responsibilities as a user. IF AT ANY POINT YOU DO NOT AGREE WITH THE TERMS OR ANY FUTURE MODIFICATIONS MADE TO THE TERMS, IT IS REQUIRED THAT YOU TERMINATE YOUR ACCOUNT AND REFRAIN FROM ACCESSING THE PLATFORM ANY FURTHER. BY CONTINUING TO USE THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ONGOING USE CONSTITUTES ONGOING ACCEPTANCE AND ADHERENCE TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
By accessing and using the OffTheLand Platform, you confirm that you are legally authorized and permitted to do so under applicable laws and regulations. Moreover, you confirm that you have not previously been banned or restricted from using the Platform due to violations of our terms of service or other applicable laws or regulations.
By accessing and using the OffTheLand Platform, you affirm that you are an adult, as defined by US laws. An adult is an individual who has reached the age of majority, which typically occurs at 18 years old in most states. As an adult, you are entitled to all the rights and responsibilities associated with adulthood. If you do not meet this criterion, please refrain from using the Platform.
This User Content License Agreement (“Agreement”) governs the rights and permissions related to any content (“User Content”) that you, as a user, upload or contribute to the OffTheLand Platform. User Content encompasses various forms, including but not limited to text, images, videos, product & transaction reviews, feedback, and descriptions of listed items.
User Content must not:
By placing User Content on the OffTheLand Platform, you grant OffTheLand a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, fully-transferable license with the right to sublicense. This license empowers OffTheLand to perform the following actions with your User Content: use, examine, copy, modify or adapt, share, move, transmit, stream, broadcast, access and view it, display it publicly, and utilize it for promotional or marketing purposes related to OffTheLand’s Services.
Despite granting this license, you retain ownership of your User Content. OffTheLand does not assert ownership over your content. This Agreement does not restrict your rights to use or exploit your User Content independently.
If you register for an OffTheLand Account, you are solely responsible for all activities conducted through it. You are required to provide accurate and up-to-date Account information and promptly revise any changes to this information. By posting any information on OffTheLand Platform, you assume responsibility for ensuring that the content of your posting adheres to all relevant laws, including local regulations and requirements.
It is imperative to safeguard your Account details, particularly your password, and to refrain from sharing it with third parties. Any actions taken through your Account, whether authorized or unauthorized, are your responsibility. In the event of suspected unauthorized access to your Account, you must promptly notify OffTheLand. Be advised that OffTheLand disclaims responsibility for any consequences resulting from non-compliance with these guidelines.
When accessing and utilizing the Platform provided by OffTheLand, users are expressly made aware of inherent risks and are deemed to have assumed full responsibility for said risks. OffTheLand does not perform verification or assessments of every user's background or reputation. In circumstances where users engage in face-to-face transactions, it is strongly recommended that prudent measures be taken. Users are advised to exercise caution and implement appropriate precautions when meeting an unfamiliar user or party for the first time. Meetings should be arranged during the day, in public venues, such as a local police station, bank, coffee shop, as opposed to secluded or dimly lit locations. Users are cautioned that not all individuals may harbor good intentions, and there exists a potential risk of physical harm or deception.
Users explicitly acknowledge that when participating in transactions facilitated by OffTheLand, they bear sole and absolute responsibility. OffTheLand expressly disclaims any implied role as an intervening or protective entity and users are responsible for managing any resultant consequences arising from such transactions.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE OFFTHELAND SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT PROVIDED BY OFFTHELAND ARE OFFERED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY FORM OF WARRANTY, WHETHER EXPRESS OR IMPLIED.
OFFTHELAND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS ALSO INCLUDES ANY WARRANTIES THAT MAY ARISE FROM THE COURSE OF DEALING OR USAGE OF TRADE. OFFTHELAND DOES NOT MAKE ANY PROMISES REGARDING THE LEGALITY, QUALITY, SAFETY, OR APPROPRIATENESS OF THE ITEMS LISTED ON ITS PLATFORM OR THE CONTENT PROVIDED BY INDIVIDUAL USERS OF THE PLATFORM. OFFTHELAND DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH ITS SERVICES.
IT’S IMPORTANT TO NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OFFTHELAND, OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. USERS SHOULD EXERCISE THEIR OWN JUDGMENT AND DISCRETION WHEN USING OFFTHELAND SERVICES.
You agree to defend, indemnify and hold harmless OffTheLand, its affiliates, licensors, employees, agents, third party service providers and contractors from and against any claims, damages, losses, liabilities, suits, actions, demands, and/or proceedings (including costs and attorneys' fees) brought against same by a third party, including end users, arising from or relating to:
This indemnification obligation continues beyond the termination of your use of the OffTheLand services or account. OffTheLand reserves the right to assume exclusive control over the defense or settlement of any claims under this section. In summary, you agree to assume responsibility for any legal claims or costs that arise from your use of the OffTheLand Platform in breach of these Terms or any applicable laws, and to indemnify OffTheLand against the same.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER OFFTHELAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOSSES, OR HARM. THIS INCLUDES, BUT IS NOT LIMITED TO:
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL BASIS, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. IT ENCOMPASSES SITUATIONS WHERE ISSUES ARISE WITH:
For jurisdictions permitting limitation of incidental or consequential damages, the maximum aggregate liability of this Platform shall be capped at $100 USD or the total amount paid by the user to OffTheLand in the twelve (12) months prior, whichever is greater. The foregoing limitation shall not apply in cases where OffTheLand engages in actions amounting to fraud, gross negligence, willful misconduct, or intentional torts. In such events, full liability will not be limited.
The parties herein stipulate that any disputes shall be adjudicated solely on an individual basis, and not as part of a class or representative action or proceeding. The court is precluded from consolidating or joining multiple claims or parties, or from presiding over any form of consolidated, representative, or class proceeding. Furthermore, any relief granted by the court, including monetary, injunctive, or declaratory relief, shall be awarded only to the individual party seeking redress and only to the extent necessary to remedy that party's individual claim(s). The court's adjudication shall not impact other users, save for instances where public injunctive relief is specifically authorized by applicable law.
In the event of any dispute, disagreement, or legal issue related to OffTheLand, the laws of the state of Florida shall apply and determine the resolution, except in cases where U.S. federal law becomes relevant. Any legal proceedings arising from OffTheLand will be handled in the courts of Orlando, Florida. However, we reserve the right to seek preliminary or injunctive relief from a different court. By using OffTheLand, (1) you agree that you consent to the jurisdiction of the Orlando, FL courts for any disputes; (2) you will not hold OffTheLand liable for any adverse consequences resulting from the actions of other users or your own use of the Platform; (3) you assume responsibility for any losses, damages, or legal costs incurred; (4) you assume liability and responsibility for individuals affiliated, paid, or controlled by you, such as managers, employees, agents, or any other representatives acting on your behalf.
We reserve the right to modify, alter, or update these Terms and Conditions at any time, at our sole discretion. Any such changes will become effective immediately upon posting on our website. It is your responsibility to review these Terms and Conditions periodically to stay informed of any updates. Your continued use of our services following the posting of changes constitutes your acceptance of those changes.
Effective as of May 27, 2024