Terms of Use - Hardy Home and Garden

⚠️ IMPORTANT SAFETY NOTICE

Hardy is a platform that connects gardeners and community members. We do NOT inspect, verify, test, or guarantee the safety, quality, or suitability of ANY produce, plants, or other items shared through our platform.

You are solely responsible for evaluating the safety and quality of anything you receive through Hardy. This includes checking for allergens, pesticides, proper handling, and safe consumption practices.

By using Hardy, you acknowledge and accept all risks associated with consuming or using items shared by other community members.

1. Acceptance of Terms

By accessing or using Hardy ("the Platform"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Platform.

2. Platform Description

Hardy is an online platform that facilitates connections between local gardeners and community members who wish to share or trade garden produce, plants, and related items ("Produce"). Hardy serves only as a venue for these connections and is not a party to any exchanges between users. In the future, Hardy may offer opportunities for users to sell their Produce and may offer other products for sale through the platform.

3. User Eligibility

You must be at least 18 years old to use Hardy. By using our Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. User Accounts

4.1 Account Creation

You must provide accurate, current, and complete information when creating an account
You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately of any unauthorized use of your account

4.2 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

5. Food Safety and Quality Disclaimer

5.1 No Guarantees or Warranties

HARDY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:

The safety, quality, or freshness of any produce or food items
Whether items are organic, pesticide-free, or grown using any particular methods
The absence of allergens, contaminants, or harmful substances
The proper handling, storage, or transportation of items
The health or disease status of plants, seeds, or cuttings
The accuracy of any descriptions provided by users

5.2 User Responsibility

As a recipient of items through Hardy, you are solely responsible for:

Inspecting all items before consumption or use
Asking providers about growing methods, pesticide use, and handling practices
Properly washing, preparing, and storing all items
Determining whether items are safe for your consumption, especially if you have allergies or dietary restrictions
Following all applicable food safety guidelines
Quarantining new plants to prevent spread of pests or diseases

6. User Conduct and Prohibited Activities

Users agree NOT to:

Share items that are spoiled, contaminated, or known to be unsafe
Misrepresent the nature, quality, or growing methods of items
Share items that are illegal or regulated (such as raw milk in certain jurisdictions) in the user's location
Engage in discriminatory practices
Harass, threaten, or abuse other users
Use the Platform for commercial spam or unauthorized advertising
Violate any local, state, or federal laws
Create multiple accounts to circumvent restrictions
Attempt to hack, disable, or interfere with the Platform

7. Listings and Content

7.1 User-Generated Content

By posting listings or content on Hardy, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content on the Platform.

7.2 Content Standards

All listings must:

Be accurate and honest
Include clear descriptions and, when available, photos
Disclose any known issues or concerns
Comply with all applicable laws

8. Transactions Between Users

8.1 Hardy's Role

Hardy is not a party to any transactions between users. We do not:

Take possession of any items
Verify the identity of users beyond basic account information
Guarantee any transactions will be completed
Mediate disputes (though we may provide communication tools)

8.2 Future Monetization

While Hardy currently facilitates free sharing and trades, we reserve the right to introduce:

Transaction fees for paid exchanges
Featured listing options
Marketplace features for Hardy-themed or other gardening products or supplies
Other monetization features as the Platform evolves

Users will be notified of any changes to fee structures before they take effect.

9. Privacy and Data Use

Your use of Hardy is also governed by our Privacy Policy. By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.

10. Intellectual Property

The Hardy name, logo, and all related designs and content are the property of Hardy. Users may not use our intellectual property without written permission.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Hardy shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Hardy shall not be liable for any illness, injury, or harm resulting from items shared through the Platform
Hardy's total liability shall not exceed $100 or the amount you have paid to Hardy in the past 12 months, whichever is greater

12. Indemnification

You agree to indemnify and hold Hardy, its officers, directors, employees, agents, and parent company harmless from any claims, damages, losses, or expenses arising from:

Your use of the Platform
Your violation of these Terms
Your sharing or receipt of items through Hardy
Any dispute with another user

13. Assumption of Risk

By using Hardy, you acknowledge and assume all risks associated with:

Consuming home-grown produce
Meeting strangers to exchange items
Planting or propagating shared plants in your garden
Any other activities facilitated by the Platform

14. Local Laws and Regulations

Users are responsible for complying with all local laws and regulations regarding:

Food sharing and safety
Plant diseases and invasive species
Business licensing (if selling)
Tax obligations
Zoning and land use

15. Dispute Resolution

Any disputes arising from these Terms or your use of Hardy shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Kenosha County, Wisconsin.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or Platform notification. Continued use of Hardy after changes constitutes acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

18. Governing Law

These Terms shall be governed by the laws of the State of Wisconsin, without regard to conflict of law principles.

19. Contact Information

For questions about these Terms, please contact us through our Contact Page.

Remember: Your Safety is Your Responsibility

Hardy connects neighbors who want to share their garden's abundance, but we cannot guarantee the safety or quality of any items shared. Always use caution, ask questions, and trust your judgment when participating in exchanges.