Website Terms of Use

Acceptance of the Terms of Use. Welcome to the website of The Lupulin Exchange, LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of LupulinExchange.com, including any content, functionality and services offered on or through LupulinExchange.com (the "Exchange"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Exchange. By using the Exchange, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at LupulinExchange.com incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Exchange.

The Exchange is a Venue. The Exchange acts as a venue to allow users who comply with the Company’s policies to offer, sell and buy hops and associated goods to each other within a fixed-price format. The Company is not directly involved in the transaction between buyers and sellers. As a result, the Company has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Company does not pre-screen users or the content or information provided by users. The Company cannot ensure that a buyer or seller will actually complete a transaction. The Company does not transfer legal ownership of the items from the seller to the buyer.

The Company cannot guarantee the true identity, age, and nationality of a user. The Company encourages you to communicate directly with potential transaction partners through the tools available on the Exchange. The Company facilitates transactions through WePay, Inc., a California corporation. You agree to be bound by any terms and conditions of WePay, Inc. placed upon the transfer of funds to or from WePay, Inc.

You agree that the Company 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 the Exchange. You use the Company’s service at your own risk.

We are not Brokers. By utilizing the Exchange, you acknowledge that we are not brokers. We are not your agent in any transaction you complete on the Exchange. You should not infer any recommendations by us on the advisability of any transaction.

User Contributions. The Exchange contains message boards, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Exchange.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Exchange, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; (b) all of your User Contributions do and will comply with these Terms of Use; and (c) all information is valid, accurate, verifiable and complete.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Exchange.

Online Purchases and Other Terms and Conditions. A listing by a seller on the Exchange is: (i) an offer to sell the type and amount of goods listed to Exchange buyers via the Exchange at the price listed (which listing price includes our fees that will be deducted from your proceeds), (ii) an agreement to our fee and payment terms, and (iii) a representation and warranty by such seller that the goods are as described and that the seller has the authority and is ready to sell and deliver such goods upon acceptance by a buyer. Our fees are added to the seller’s price and are included in the listed price that is viewed by potential buyers.

The Company does not offer refunds or exchanges. All transactions conducted on the Exchange are final once filled, and any items purchased through the Exchange may not be returned or exchanged for any reason whatsoever.

By entering into a transaction, a buyer is representing that such buyer is ready to, and will, tender the payment on the terms agreed via the Exchange. Once a buyer clicks [“Checkout”] via the Exchange, the buyer is making these representations and accepting the seller’s offer as to the quantity of goods indicated in the buyer’s purchase indication, at which point the buyer and the seller have entered into a binding contract between them for the sale, purchase and delivery of such goods, including any delivery terms committed to or represented in the listing or in further correspondence by the buyer to the seller.

Transaction payments will be completed through a third party, WePay, Inc., and payment will be released upon proof of order fulfillment. WePay will process payment from the buyer, retain our fees (out of which WePay will collect its processing fees) and distribute those to us, passing the remaining proceeds to the seller. We do not include, pay or report sales taxes or any other taxes on sales through the Exchange. We believe that most sales through the Exchange will be exempt from sales taxes, however, it is your responsibility to determine whether any sales tax would be applicable to your sale or purchase and to report and pay such taxes. You are also responsible for retaining all records of your purchase in the event it may be needed in the future. Should any personal information necessary to fulfill your order change after the time your transaction was placed (such as billing address, shipping address or phone number), it is your responsibility to contact the Seller with updated information. If your goods are returned to us due to being provided incorrect shipping information, you may be subject to return shipment and handling fees.

Chargebacks. Chargebacks are discouraged. In the event of an attempted chargeback, the buyer will be responsible for all costs incurred as a result of such chargeback unless the buyer can demonstrate fraud.

Each chargeback represents a debt immediately due and payable by buyer to seller.

You acknowledge and agree that, as a buyer, you may be required to reimburse a seller for chargebacks in circumstances where you have submitted payment of the relevant transaction. To the extent permitted by applicable law, we shall notify you as soon as reasonably practicable of any applicable chargebacks and chargeback costs which how occurred or been incurred. Any chargebacks for which you are required to reimburse seller shall correspond to whole or part of the settlement value.

In the event that a party wishes, to dispute a charge and attempt a chargeback, it is such party’s responsibility to prove to our reasonable satisfaction that the debit of such party’s account was authorized by you, in addition to providing us with such other evidence as we or any card issuer or other financial institution may require you to provide in support of your claim.

We bear no responsibility for chargebacks. As chargebacks may arise a considerable period of time after the date of the relevant transaction, you acknowledge and agree that, notwithstanding any termination for whatever reason a buyer and a seller shall remain entitled to recover chargeback and chargeback costs from each other in respect of all chargebacks that in relation to transactions affected.

Sellers must create a WePay merchant account prior to creating a listing on the Exchange. The Seller is therefore considered to be the merchant of record in all transactions. While chargebacks are strictly prohibited, the Exchange is not responsible for reimbursement for chargebacks or resolving any disputes related to chargebacks.

Although we believe that Buyers and Sellers will act responsibly and honestly in using the Exchange, we understand that disputes may arise with regard to sales, purchases and deliveries facilitated via the Exchange. Disputes are to be resolved between the Buyer and Seller and we encourage a Buyer or Seller who believes there is an issue with a purchase hereunder to contact the other party promptly in an attempt to resolve such issues as quickly as possible. We are not a party to the agreement formed between buyer and seller with regard to the sale, purchase and delivery of goods via the Exchange, and we are not responsible for the resolution of disputes or payment of any refunds or credits. This includes, but is not limited to, disputes over failed shipments, late shipments, misshipments, damage to goods prior to or during shipment, improper packaging, goods not matching description, quality of goods issues or incorrect quantity issues.

Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Exchange thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Exchange.

Your continued use of the Exchange following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Exchange and Account Security. We reserve the right to withdraw or amend this Exchange, and any service or material we provide on the Exchange, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Exchange is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Exchange, or the entire Exchange, to users, including registered users.

You are responsible for: (a) making all arrangements necessary for you to have access to the Exchange; and (b) ensuring that all persons who access the Exchange through your internet connection are aware of these Terms of Use and comply with them.

To access the Exchange or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Exchange that all the information you provide on the Exchange is correct, current and complete. You agree that all information you provide to register with this Exchange or otherwise, including but not limited to through the use of any interactive features on the Exchange, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Exchange or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights. The Exchange and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, other than User-owned content provided by users in listings or other User Contributions on the Exchange), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Exchange for your non-transferable use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Exchange, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Exchange for your own personal, non-commercial use and not for further reproduction, publication or distribution; (d) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; or (e) if we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not: (a) modify copies of any materials from this site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Exchange in breach of the Terms of Use, your right to use the Exchange will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Exchange or any content on the Exchange is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Exchange not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks. The Company name, the term “Free Market Hops,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Exchange are the trademarks of their respective owners.

Prohibited Uses. You may use the Exchange only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Exchange: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (c) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (d) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (e) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Exchange, or which, as determined by us, may harm the Company or users of the Exchange or expose them to liability; (f) to defraud any user of the Exchange regarding any transaction; (g) for engaging in purchases of goods purely for speculation or reselling of such products; or (h) if you are under the legal age of twenty-one (21).

Additionally, you agree not to: (a) use the Exchange in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Exchange, including their ability to engage in real time activities through the Exchange; (b) use any robot, spider or other automatic device, process or means to access the Exchange for any purpose, including monitoring or copying any of the material on the Exchange; (c) use any manual process to monitor or copy any of the material on the Exchange or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Exchange; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Exchange, the server on which the Exchange is stored, or any server, computer or database connected to the Exchange; (g) attack the Exchange via a denial-of-service attack or a distributed denial-of-service attack; (h) otherwise attempt to interfere with the proper working of the Exchange; or (i) use disrespectful, unprofessional, threatening, defamatory, abusive, profane, or inflammatory language when communicating via the Exchange or its HelpDesk.

Monitoring and Enforcement; Termination. We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Exchange or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Exchange; and (e) terminate or suspend your access to all or part of the Exchange for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Exchange. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Exchange, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

While using or accessing the Exchange, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (d) be likely to deceive any person; (e) promote any illegal activity, or advocate, promote or assist any unlawful act; (f) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or (g) impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Reliance on Information Posted. The information presented on or through the Exchange is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Exchange, or by anyone who may be informed of any of its contents.

This Exchange includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Exchange. We may update the content on this Exchange from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Exchange may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to the Exchange. All information we collect on this Exchange is subject to our Privacy Policy. By using the Exchange, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Exchange and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Exchange may provide certain social media features that enable you to: (a) link from your own or certain third-party Exchanges to certain content on this Exchange; (b) send e-mails or other communications with certain content, or links to certain content, on this Exchange; and (c) cause limited portions of content on this Exchange to be displayed or appear to be displayed on your own or certain third-party Exchanges.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any Exchange that is not owned by you; (b) cause the Exchange or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Exchange other than the homepage; or (d) otherwise take any action with respect to the materials on this Exchange that is inconsistent with any other provision of these Terms of Use.

The Exchange from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Exchange. If the Exchange contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Exchanges linked to this Exchange, you do so entirely at your own risk and subject to the terms and conditions of use for such Exchanges.

Digital Millennium Copyright Act (DMCA). It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement posted to the Exchange or any of our sites by users. Takedown notices must include all of the information below, as suggested by the Act. Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the user posting the allegedly infringing information if we have current contact information so that they may make a counter notification. To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied.
  2. Identify the material that is infringing on the work in item #1. This means the link to a webpage with the material on it.
  3. Provide your contact information, preferably email and phone number.
  4. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

DMCA Complaints
The Lupulin Exchange, LLC
100 Apple Lane
Charlottesville, VA 22903
support@lupulinexchange.com

Geographic Restrictions. The owner of the Exchange is based in the Commonwealth of Virginia in the United States. We provide this Exchange for use only by persons located in the United States. We make no claims that the Exchange or any of its content is accessible or appropriate outside of the United States. Access to the Exchange may not be legal by certain persons or in certain countries. If you access the Exchange from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Exchange will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE EXCHANGE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY EXCHANGE LINKED TO IT.

YOUR USE OF THE EXCHANGE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE IS AT YOUR OWN RISK. THE EXCHANGE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE EXCHANGE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE EXCHANGE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE EXCHANGE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE EXCHANGE, ANY EXCHANGES LINKED TO IT, ANY CONTENT ON THE EXCHANGE OR SUCH OTHER EXCHANGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE OR SUCH OTHER EXCHANGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Exchange, including, but not limited to, your User Contributions, any use of the Exchange's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Exchange.

Governing Law and Jurisdiction. All matters relating to the Exchange and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Exchange shall be instituted exclusively in the courts of the Commonwealth of Virginia in the County of Albemarle, Virginia, or of the United States of America for Eastern Virginia (Charlottesville Division), although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE EXCHANGE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Lupulin Exchange, LLC with respect to the Exchange and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Exchange, provided that specific terms regarding our fees and other similar items may be provided via the Exchange and are agreed to by you when confirming the particular listing.

Your Comments and Concerns. This Exchange is operated by The Lupulin Exchange, LLC, whose principal office is located at:

100 Apple Lane
Charlottesville, VA 22903

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Exchange should be directed to: support@lupulinexchange.com.

Thank you for visiting the Exchange.

Last Modified: July 9, 2016