Terms of Use

Welcome to OUR-WV.com

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY OUR-WV.COM, LLC. ("OUR-WV.COM"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.OUR-WV.COM (THE "SITE") AND ALL SERVICES PROVIDED BY OUR-WV.COM ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that OUR-WV.COM is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on OUR-WV.COM. You use the OUR-WV.COM service at your own risk. OUR-WV.COM does not transfer legal ownership of items from the seller to the buyer. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by OUR-WV.COM‘s policies as stated in the Agreement (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by OUR-WV.COM, which may be updated by OUR-WV.COM from time to time without notice to you. OUR-WV.COM reserves the right to modify or terminate the OUR-WV.COM service for any reason, without notice, at any time. OUR-WV.COM reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If OUR-WV.COM makes a material change OUR-WV.COM will notify you here, by email, by means of a notice on our home page, or other places OUR-WV.COM deems appropriate. What constitutes a "material change" will be determined at OUR-WV.COM's sole discretion, in good faith, and using common sense and reasonable judgment. You and OUR-WV.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Right to Refuse Service: OUR-WV.COM services are not available to temporarily or indefinitely suspended OUR-WV.COM members. OUR-WV.COM reserves the right, in OUR-WV.COM's sole discretion, to cancel unconfirmed or inactive accounts. OUR-WV.COM reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Services: Approved Stores (The approval criteria includes: Artisan Quality, Professional Character, Uniqueness of Products, etc) will pay no yearly or monthly store fee and a 7% commission on sales, commissions to include the shipping price. {OUR-WV.COM will reduce these commissions under special circumstances for some individual stores} You DO NOT have to live in WEST VIRGINIA to be Approved for a store.

You are responsible for paying the applicable taxes associated with using OUR-WV.COM.  OUR-WV.COM pays the credit card and Paypal fees associated with using OUR-WV.COM. OUR-WV.COM keeps accepted payment information on file. Periodically, on a store-by-store mutually convenient payment schedule, Our-WV.com will send you payments for items purchased through the website.

All fees are quoted in US Dollars (USD).

OUR-WV.COM will permit you to post a website link, but not just a link to another shopping cart (the criteria that designates between a website and a shopping cart will be up to OUR-WV.COM.) You may also post your physical location if you would like to attract walk-in customers. However, because OUR-WV.COM is a collective marketplace of local West Virginia sellers and is actively marketing you through OUR-WV.COM’s marketing plan, please honor the 3.6% commission on sales that do not proceed through the website but are in good faith generated by OUR-WV.COM’s marketing of your shop. (No commissions are expected from sales you have from any source outside of OUR-WV.COM's marketing or on wholesale orders) These payments are in truth voluntary but will help the overall marketing of you and other sellers, so therefore you can pay these commissions through your account by notifying the web administrator or they can be mailed in a reasonable and timely manner to OUR-WV.COM at 5 Pinnell St, Buckhannon, WV 26201

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify OUR-WV.COM of any unauthorized use of your password or any breach of security. You also agree that OUR-WV.COM cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than OUR-WV.COM without OUR-WV.COM's express written permission.

OUR-WV.COM does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside OUR-WV.COM's control.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any OUR-WV.COM service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on OUR-WV.COM's net income).

In no event shall OUR-WV.COM , and (as applicable) OUR-WV.COM'S subsidiaries, officers, directors, employees or OUR-WV.COM'S suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, OUR-WV.COM 'S services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

OUR-WV.COM'S liability, and (as applicable) the liability of OUR-WV.COM 'S subsidiaries, officers, directors, employees and suppliers, to you or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay to OUR-WV.COM in the 12 months prior to the action giving rise to liability, and (B)  $100. some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You agree to indemnify and hold OUR-WV.COM and (as applicable) OUR-WV.COM'S parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or the rights of a third party.

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of West Virginia, excluding its conflicts of laws rules, and the United States of America.

The services hereunder are offered by OUR-WV.COM., located at 5 Pinnell Street; Buckhannon, WV 26201.

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