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CENTER FOR BEEF EXCELLENCE (CBE)

A. CBE’s Rights.

1. Without limiting CBE’s legal rights and remedies, CBE reserves the right to reject prior to posting, and/or to remove after posting, any posting/advertisement it deems, in its sole discretion, to be inappropriate.

2. Also without limiting CBE’s legal rights, CBE reserves the right to bar persons found to have violated this User Agreement from further posting/advertising on CBE’s Marketplace.

3. By submitting a posting/advertisement to the CBE Marketplace, you grant CBE a nonexclusive, worldwide, perpetual, irrevocable, and royalty-free right to use any and all rights you have in the content of the posting/advertisement, including, but not limited to, copyright and trademark rights.

B. Disclaimer, Limitation of Liability, Release, and Indemnification.

1. You agree not to hold CBE responsible for the content of other persons’postings/advertisements, actions, or inaction in connection with any item or service posted in the CBE Marketplace. You understand and agree that CBE is not involved in any actual transaction between buyers and sellers. You understand and agree that CBE makes no representation concerning, and does not guarantee or warrant, the quality, safety, or legality of items or services posted/advertised in the CBE Marketplace. You understand and agree that CBE makes no representation concerning, and does not guarantee or warrant, the accuracy of advertisements/postings in the CBE Marketplace.

2. You understand and agree that CBE is not an owner of any good or service posted/advertised in the CBE Marketplace and does not sell or transfer ownership of any good or service posted/advertised in the CBE Marketplace. Accordingly, you understand and agree that CBE is not a seller within the meaning of Article 2 of the Pennsylvania Commercial Code You also understand and agree that CBE is not responsible, and cannot be liable, for any injuries, or damages resulting from, or related to, your use of the CBE Marketplace.

3. You hereby agree to release, CBE, its officers, employees, agents, successors, and assigns from all claims, actions, demands, and damages, whether actual, incidental, consequential, or punitive, of every kind and nature, known and unknown, arising out of, or in any way related to, your use of the CBE Marketplace and/or any dispute you have with any other person who sells via, or buys via, the CBE Marketplace.

4.You hereby agree to indemnify and hold harmless CBE, its officers, employees, agents, successors, and assigns from all claims, actions, demands, damages, and expenses, whether actual, incidental, consequential, or punitive, of every kind and nature, known and unknown, and including, but not limited to attorney’s fees, arising out of, or in any way related to, your use of the CBE Marketplace and/or any dispute you have with any other person who sells via, or buys via, the CBE Marketplace.

C. Postings/Advertisements and Purchases.

You understand and agree to each of the following:

1. You will not use the CBE site, services, or tools if you are not able to form a legally binding contract, are under 18 years of age, or are suspended from use of the CBE Marketplace;

2. You will not misrepresent any item or service posted/advertised in the CBE Marketplace;

3. You will not interfere, or attempt to interfere, with any posting/advertisement in the CBE Marketplace that you did not cause to be placed;

4. You will not post any false, inaccurate, misleading, defamatory, or libelous content in the CBE Marketplace;

5. You will not collect information about users, including, but not limited to names, email addresses, telephone numbers, or addresses, of persons using the CBE Marketplace for any purpose other than your purchase, or attempted purchase, of goods or services posted/advertised in the CBE Marketplace.