Terms and Conditions
Welcome to Greatland Grocery and Supply! Please read these terms and conditions before you use our website or complete a purchase as they form a legal agreement (“Agreement”) between you (“customer” or “vendor”) and Greatland Grocery and Supply, LLC (“Greatland”). If you access greatlandgrocery.com or any subdomain at this root domain (the “Site”) for product orders or services (“Services”), you agree to these terms and conditions. If you do not agree, please do not use Greatland’s Site.
Greatland offers online grocery shopping and delivery services via US mail and other shipping methods to registered users of the site as its primary business activity. In addition, Greatland offers extensions of this base service through various sub site (i.e. Alaska Classifieds, Bush Order Alcohol Purchase Order System, the Alaska Marketplace, Alaska Furniture Supply) which are discussed in sections below. When you register at our primary domain or any of ancillary sub-domain websites, you agree to provide us with accurate and complete information including, but not limited to, your legal name, billing and shipping addresses, telephone number and a valid credit card account number, security code and expiration date if applicable as your payment method. If you choose an additional method of payment that is accepted by us (debit, electronic check, purchase order) you must also provide the necessary information to complete these transactions. You will promptly notify us of any changes to your customer registration data. Upon registration, you will be issued a customer identification and password allowing you access to our services.
If you are not satisfied for any reason with an item purchased through our services, we will extend all reasonable efforts to address any identified issue to your satisfaction. Remedies may consist of a credit towards your next order, shipment of replacement product, or a refund to your selected method of payment. We may need to see the item to determine the cause of the problem before we implement a solution and reserve the right to choose the best solution based on the specific situation.
Order shipments will be made to the address provided in your order and with the method selected during the checkout process. Greatland guarantees that all items purchased through our services will be packaged and delivered to identified shippers in excellent condition and properly prepared for transportation to rural Alaska locations.
Managing Grocery Orders
Greatland processes orders on a first come first serve basis and strives to ship all orders within 72 hours of receipt on the site. Depending on local availability, some orders consisting of bulk items may take up to a week of processing time prior to shipment. At Greatland’s discretion and so long as orders have not yet shipped, customers may cancel placed orders through communication with our company. We reserve the right to charge a restocking fee of up to 20% of the total order value if an order cancelation is received before it is shipped. In the event that a customer attempts to cancel an order after goods have shipped, non-perishable items may be returned for a refund. Customer is responsible for any return shipment of goods to Greatland, however, we may elect to pay the cost of return shipment if the return is the result of an error committed by Greatland.
Substitutions and Quantity Limits with Grocery Orders
Due the perishable nature of our products, certain items may be unavailable from time to time due to market conditions beyond our control or item quality that is below our standards. In these instances, we reserve the right to make item substitutions which will likely consist of different (larger) sized quantities of ordered item(s), a different brand, or some combination. Substitutions are rare and in these occurrences, customers will be charged the original amount invoiced even if a larger sized item is shipped as a substitution. In the event that a suitable substitution cannot be identified, the customer will be refunded for the item and the remaining products within the order will ship. If we are unable to fulfill your entire order with the items purchased or through appropriate substitutions, we will extend all reasonable efforts to contact you prior to shipment. This may include notice through any of the customer contact information associated with your account.
Once you complete checkout, your price, or price per pound/ounce (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel orders for such incorrectly priced products which have neither been processed or shipped. We will contact you immediately in such circumstances, and, of course, your payment method will be fully refunded in this occurrence.
Greatland also reserves the right to limit your order or the quantity of a particular product that you may order. Although our goal is to fulfill 100% of your order, item availability for large quantities with some items is limited and we do not back-order items. We request you contact us in advance should your order include quantity amounts greater than 20 units to ensure that it can be filled.
Pricing and General Information Regarding Goods and Services
Prices of items offered on our site may differ from the prices of like items sold at local retailers as our pricing includes shipping via USPS Priority mail for grocery items. Prices for items you place in your cart (along with any associated handling or service related charges which may be in place at the time) and ultimately your purchase will be guaranteed, however, we reserve the right to adjust pricing for items available through the website at any time without notice. Furthermore, we also reserve the right to change, implement, or remove any associated handling or service charges at any time.
Occasionally, there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or refuse, or cancel orders if any information on the site is inaccurate at any time with or without notice (including after you have submitted your order and your credit card has been charged). Full refunds will be offered in this occurrence.
Please note that product packaging and materials may contain additional and/or different ingredient, nutritional, or proper usage information than the information displayed on our site. You are responsible for reading labels, warnings, and directions prior to using or consuming a product. If you have food sensitivities or allergies, you should always read the actual product labels to confirm the safety of the product for your situation before consuming. Content on our website is for general reference purposes only and we assume no liability for inaccuracies or misstatements regarding any product.
Payment for Goods and Services
Customer agrees to pay promptly all charges to their account (which includes items purchased and any applicable taxes or additional service charges) for any order placed by you or anyone who you allow to use your account information or password, including members of your family, friends, or any other person or representative. Fees and charges will be assessed in accordance with the current fee schedule which will be communicated at the time of order on the appropriate checkout page.
When you place an order, Greatland reserves the right to request credit card authorization and/or charge for up to 100% of the order total to ensure funds will be made available at the time of your order’s shipment. During the authorization and/or charge process, your card is validated and must have sufficient available funds for the transaction to be approved. Upon approval, the order will be accepted for processing and shipment. If you fail to pay any fees or charges when due under any current fee schedule (including, but not limited to, fees or charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Greatland reserves the right to charge such amount directly to credit cards which may be associated with your account. The customer is responsible and liable for any fees, including attorneys’ fees and collection costs, that Greatland may incur in its efforts to collect any unpaid balances from you.
Customers may also submit payment for orders via paper check. As applicable, customer agrees that they will be responsible for any bank charges which may be incurred by Greatland for canceled payments due to insufficient funds. Greatland reserves the right to charge customer up to $25 per canceled check returned for insufficient funds.
Greatland currently accepts the following methods of payment:
- Visa, MasterCard, Discover, and American Express credit cards
- Debit cards
- Direct bank transfer
- Purchase Order/Company Account*
*This method still requires an alternate method of payment (i.e. company credit card kept on file).
Greatland does not accept manufacturer’s coupons (electronic or paper) through the site, however, we do make certain discounts available on the site from time to time.
All orders must be paid in full prior to shipment and COD is not accepted as a payment method.
Packaging and Shipment Preparation
Greatland takes the upmost care in preparing your items for shipment. Our packaging procedures and item preparation are executed with specific consideration for rural Alaska transportation dynamics. The majority of our order shipments are offered with rigid containers prepared to make a long journey with multiple manual handlings. All packages sent USPS Priority mail are insured for $100, however, this insurance does not cover perishable items.
Unless specifically requested otherwise, all fresh meats and seafoods are shipped frozen. These items are sourced fresh, thawed, and before expiration dates. As part of our preparation process, these items specifically are frozen after they are received and before they are shipped with any order. Depending on the particular items in each individual orders, other food stuffs that can be frozen without any loss of quality or damage (breads as one example), may also be prepared in this manner. On occasion, we may also separate larger, bulk sized items in order to ship in containers which meet USPS requirements.
Customer understands that Greatland will not be held liable for any product damage or product spoilage that may occur while any items purchased from Greatland are in possession of the shipper and in transport to your location. This damage may be result of, but not limited to, rough handling or shipping delays that are beyond the control of Greatland. Customer agrees to hold Greatland harmless and customer assumes all liability for any damage, deterioration of goods, or diminished suitability of goods, which may occur during the shipping process. Furthermore, customer retains full responsibility for determining the safety of the product for your specific situation before consuming after items have been received at your delivery location.
Customer may select their preferred shipping method during the checkout process and, consequently, assumes full liability for the risks associated with this decision and their impact on the delivered quality of purchased goods.
Please note that neither Greatland nor or any of the shippers operating in rural Alaska want to see your goods arrive to you in an unsatisfactory condition. All reasonable care by all involved parties is taken to prevent this occurrence. In the event that your goods do arrive damaged, please document the damage and inform us of the situation. We ask that you remain reasonable with us in these rare occurrences and, consequently, will do all that we reasonably can to address the situation.
Grocery Item Returns
We strive to exceed your expectations with our goods and service. If you are unsatisfied with your purchase, you can return any non-perishable items for up to fourteen (14) days from the date your purchase is delivered to you.
All returns must be in their original, unopened box or packaging and customers are responsible for return postage to ship the item back to Greatland. Once your item is received at our location, we will issue a refund within seven (7) business days.
In lieu of accepting a physical return of items, Greatland reserves the right to issue a refund for goods at its sole discretion. If you are unhappy with your order in any way, please contact us so that we can make it right!
Greatland offers an Affiliate Program that allows any of our users to generate automatic payments by advertising our services. This program allows users to earn a commission corresponding to a fixed percentage of the total sale of the first purchase made by any new customer visiting the site through users’ referrals. As commissions are earned, they are immediately credited to the user’s Greatland account for use with future purchases.
Once users have enrolled in our Affiliate Program, users gain access to an Affiliate Dashboard within the My Account menu. Through this dashboard, affiliates can generate custom links specific to their user account which can be shared. This custom link is used to identify new visitors to Greatland’s website and to attribute this traffic to individual affiliates. For any new visitor who is referred to our site through an affiliate and ultimately completes a purchase on our site, Greatland provides a commission, paid in the form of store credit to the affiliate’s account.
The affiliate commission paid on new customer referrals is 5% of the referral’s initial purchase with us. So, for example, if a user reaches our site through your affiliate link and completes a total purchase of $100, the commission paid to your account will be $5 (5% of the new customer’s order total). Affiliate commissions are paid in the form of “Funds” which can viewed at any time in the user’s My Account menu.
Earned commissions will be credited to affiliates’ accounts as new purchases are made by customer’s reaching our site through referral links. If any of the purchases related to your affiliate earnings is subject to refund or chargeback, Greatland reserves the right, at our sole discretion, to deduct the associated paid commissions from your affiliate earnings.
Affiliate commission funds can be used at any time for the purchase of items available through Greatland’s website. Affiliates can draw upon available account funds during the checkout process. In order to use available funds, the balance of available funds must be equal to or greater than the total value of your purchase. Commission funds cannot be redeemed for cash and can be used only within our online store.
By participating in our Affiliate Program, users agree that they will abstain from actions which:
- Could be confusing, misleading, or deceptive for users or falsely represents your relationship with Greatland
- Act against users in any manner that is violation of law including, but not limited to, spam, privacy, intellectual property violations, fraud, or otherwise misleading activities for new users purposely made to deceive customers.
Greatland also reserves the right to decide whether or not affiliates’ use of the Affiliate Program complies with our Terms and Conditions. If we determine that a user’s participation in the Affiliate Program does not comply, we reserve the right to withdraw any paid commission earnings and may disable the user’s account.
Co-op Program Purchases for Grocery Sales
Greatland’s platform may be used to support consolidated purchases through our co-op program. Co-op accounts must be established in order to utilize our program and further information on this process regarding how they are created and managed can be found on our co-op program page.
Individual shoppers can use our platform to build orders that will ultimately be shared with co-op representatives and consolidated into a larger consolidated purchase as desired by selecting the “Purchase Order or Co-op Order” payment method during checkout. In this occurence, no personal order will be processed by Greatland and the order details are made available via email only to support collective purchases by co-op representatives.
Greatland assumes no liability with individuals who may purchase items as part of a collective purchase made by a co-op representative. Greatland’s liability for order fulfillment and shipment remains solely with the co-op account holder as outlined in this terms and conditions. The co-op account holder or its representative is responsible for establishing and following its own operational, financial, legal, or general responsibilities established with its own members as deemed appropriate. Co-op account holders are responsible for the payment of items purchased through Greatland which may or may not be a consolidation of items purchased on behalf of its members for any order placed with us.
While we maintain no liability for any activity or agreements made by and between a co-op account holder and its members, we reserve the right to suspend any account based on member reports of abuse or improper management activity.
When you use our expediting services to place a shipment order for products you have independently purchased from a retailer, you authorize Greatland and/or its agents, to take possession of your items for the purpose of preparing them for shipment to your location. Unless otherwise specified, you acknowledge and agree that Greatland and its agents are acting as your representative in collecting, packing, and/or shipping the items purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have instructed us to collect your items from, that this retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store.
You also acknowledge and agree that, except as expressly provided for otherwise in these terms, Greatland does not hold title to any of the items that you request be expedited through our services. In addition, you acknowledge that on occassion Greatland fulfills expediting services through contract with third parties. From time to time, you may receive communications from and be directed to these providers regarding shipment of goods associated with our expediting services.
Alcohol Purchase Orders
Our site provides the ability for users to build purchase orders for alcoholic beverages. Ultimately, alcohol sales are completed by and between site users and third party vendors. Purchase orders generated through this site must be executed by users and submitted to these vendors. Per State of Alaska statute, your ultimate purchase with these vendors is subject to certain procedures and quantity limitations. Greatland provides an online process to complete these transactions, however, user understands that these purchases are by and between themselves and our alcohol vendors. Specifically, your acceptance of our terms and conditions documents that you are aware of the following:
- Our bush order purchasing order system is maintained by Greatland and provides the ability for you to build a purchase order to ultimately purchase alcohol from licensed vendors.
- The purchase order generated for your order will be available to download and emailed to you after check-out is completed.
- Purchase orders must be signed by yourself before the sale can be reviewed, processed, and filled per State of Alaska statutes and local laws regarding alcohol importation by our vendors.
- Greatland assesses a service charge which is paid separately when your order is placed through the purchase order website.
- Alcohol and other products listed on our bush purchase order system are available to Alaska residents only.
- As requested and required by State of Alaska regulation, purchase order information will be made available to Alaska’s Alcohol & Marijuana Control Office.
Our vendors reserve the right to refuse orders if purchaser has exceeded limits established by Alaska law, presents false identification, requests shipping of product to dry locations, or has demonstrated alcohol abuse. In either of these occurrences, the service fee charged by Greatland at the time orders are placed is non-refundable.
Alaska Classifieds & Message Board
As part of our service, Greatland also maintains a classified directory for registered users. Users may utilize this specific service for the posting of announcements and facilitating connections to buy and sell items. While this is an open directory, users agree to not create posts which other users may perceive as derogatory, inflammatory, illegal, hazardous, or generally unproductive. Greatland reserves the right, at its sole discretion, to remove posts and users for inappropriate content.
Specifically, the following are considered prohibited posts and subject to removal as identified:
- offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking
- exploitation or endangerment of minors
- prescription drugs, medical devices; controlled substances and related items
- alcohol, tobacco, or other drugs and intoxicants
- endangered, imperiled and/or protected species and any parts thereof, e.g. walrus ivory
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- stolen property, property with serial number removed/altered, burglary tools, etc
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
- spam; miscategorized, overposted, cross-posted, or nonlocal content
- affiliate marketing; network, or multi-level marketing; pyramid schemes
- any good, service, or content that violates the law or legal rights of others
While Greatland makes all reasonable efforts to remove prohibited content as identified, users are encouraged to report any identified abuse. Greatland assumes no liability for any offers made, products or services offered, or claims made through any posting on the directory.
Greatland operates and maintains a multivendor ecommerce marketplace within its site which features Alaska made products and arts. This marketplace functions similarly to other sites such as Etsy, Ebay, and Amazon in that while Greatland maintains responsibilities for maintaining and managing the online storefront, order fulfillment and shipping of purchased items is completed by third party vendors.
We provide an online service that allows third party vendors to sell their products to customers. The Alaska Marketplace does not act as the agent for either customers or vendors. Our service provides a platform for these transactions to take place.
The Alaska Marketplace is provided as is and without warranty and we offer no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. The Alaska Marketplace will not be liable for any loss due to our marketplace not being available. Furthermore, the Alaska Marketplace will not be liable for any loss due to errors in our software or the software of others that we use.
By using our site to purchase items listed on the Alaska Marketplace, you acknowledge that Greatland does not manufacture, inventory, or physically verify any of the items that are made available for sale through the marketplace. We simply provide the platform for goods that are produced, listed, and ultimately sold through our participating vendors. In the event of a dispute regarding any purchased item, Greatland will participate to support an equitable resolution, however, customer acknowledges through their acceptance of these terms that Greatland is released from any claims related to items sold through our services including, but not limited to, defective items, misrepresentations by sellers, or any product liability claim. Any claim related to an item sold through our services must be brought directly against the seller of these items.
In order to utilize our services as a vendor, individuals must first create a vendor account with Greatland. There is no setup charge for accounts or ongoing monthly fees and this process can be completed at various locations throughout the site. Vendors must be at least 18 years of age to establish an account and agree to all other conditions in regards account creation and password protection discussed elsewhere in this agreement. The establishment of a vendor account does not create any type of agency, partnership, joint venture, employment, or franchises relationship between vendors and Greatland. It simply allows vendors to access to our platform to sell items on our platform.
In creating and maintaining a vendor account, you must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of our services through your Account will be deemed as being used by you. The Alaska Marketplace is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Once accounts are created, vendors are responsible for uploading content and managing their specific product listings. Any vendor supplied content remains the property of the vendor. Vendors maintain all claims on this content as well as all responsibilities for it including representations that you are not violating any third party’s rights by positing it. By including your content on the Alaska Marketplace, you also grant permission for Greatland to utilize it for display on the Alaska Marketplace and/or in conjunction in any marketing efforts to promote your items. Furthermore, you represent that you own any content you submit to the Alaska Marketplace and that you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
Through the issuance of a vendor account, we grant vendors a limited, non-exclusive, non-transferable license to utilize our platform. Vendor accounts may be canceled by Greatland, with or without notice, if vendors document use of our system that:
- Violates any local, state, or federal law. This may or may not include listing items that may not be lawfully sold.
- Infringes upon intellectual property rights of others.
- Results in harm to our systems.
- Demonstrates malicious behavior to the Alaska Marketplace or customers
As part of our service to vendors, Greatland maintains the platform to accept and process payments for items listed for sale by vendors. Greatland charges a 12% commission fee on items sold on the marketplace. The difference between item list prices, which are established by the vendor, and Greatland’s commission fee for any item sold is paid to vendors within 30 days of any completed sale. Vendors are to fulfill orders as received and document shipment though their vendor dashboard interface. Once shipping of sold product is documented within each order, Greatland is notified that payment is due to the specified vendor.
Shipping for items listed by vendors is set by individual vendors. Vendors may set any charges, methods, or rates desired. No commission fee is applied to the shipping charges set by vendors. Vendor payments for items sold can be made manually check or automatically via a free account established through Stripe as requested by vendors.
The Alaska Marketplace may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our receipt of payment from customers and our bank account being debited to pay out credits to a vendor. The Alaska Marketplace will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with a payment transaction through the Alaska Marketplace, and the vendor will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you.
The Alaska Marketplace reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the vendor cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a customer’s credit card issuer for the amount of the customer’s purchase from the vendor. The Alaska Marketplace may obtain reimbursement of any amounts owed by the vendor to the Alaska Marketplace by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller’s credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.
Vendors are expected to meet the communicated order processing times, shipping times, and refund policies that they establish through their vendor accounts. Failure to meet these vendor determined obligations for customers may result in account termination at any time, with or without notice, at the sole discretion of the Alaska Marketplace.
Vendors also agree to keep any customer information you receive through use of our system confidential and secure. Any employees or individuals who may have access to your Alaska Marketplace account must also keep login and buyer information secure. If you store buyer information anywhere outside of the Alaska Marketplace system, you agree to store that information securely where unauthorized individuals cannot access the information.
Alaska Furniture Supply
Greatland operates and maintains a furniture sourcing and delivery service website as part of its site. The service is operated in partnership between Greatland and Shop+Deliver, a personal shopping and delivery service based in Anchorage. Items purchased through the site consist of furniture items which are not typically available for shipping to Alaska. These items procured in lower 48 markets upon purchase by customers, barged to Alaska, and then organized for secondary air or USPS shipment to locations across the State.
All items purchased on the Alaska Furniture Supply site are fully insured and replaceable in the even of damage during transit either en route to Alaska or through secondary logistics to the items’ final destination.
Items purchased through Alaska Furniture Supply are initially transported via barge or, less commonly, air freight to Alaska. While items purchased on our storefront are sourced weekly, depending on the method of shipment selected during checkout and the items’ final destination, it may take up to three weeks for purchased items to arrive at your location.
Returns are not accepted through Alaska Furniture Supply unless purchased items are incorrectly supplied. All furniture sales are final once item has been sourced from our utilized suppliers.
Changes in Agreement, Fees or General Services
Greatland may change any of the terms of this Agreement at any time with or without notice to you. Your use of our service after any such change will be conclusively deemed acceptance of any such change. We may also discontinue or revise any or all aspects of our service without prior notice to you. Price and availability of products are also subject to change without notice.
Additionally, we reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel unshipped orders for such incorrectly priced products. You will be contacted in such circumstances, and, in these instances, your credit card or checking account will not be charged. If any change is unacceptable to you, you may cancel your service with Greatland and terminate this Agreement, however, customer remains liable for provisions detailed in this Agreement and charges incurred for use of our services for the time period between when the Agreement was accepted and terminated.
Limitation of Liability
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL GREATLAND (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF GREATLAND OR GREATLAND’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GREATLAND (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR — USE OF THE SERVICES OR ANY PRODUCTS PURCHASED BY YOU OR SHIPPED TO YOU, EVEN IF GREATLAND OR GREATLAND’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GREATLAND, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO GREATLAND FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless Greatland and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of our services or from any breach by you of these terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Any dispute or claims relating in any way to your use of services offered by Greatland or any product or service ordered or purchased through the site will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. Accordingly, you agree to give up your right to go to court to assert or defend your rights under this Agreement. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms and Conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our company. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You may choose to have arbitration conducted by telephone, based on written submissions, in person, or at another mutually agreed location. In addition, Greatland and customer each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Privacy and Security
Your privacy is very important to Greatland. We use SSL encryption across our site to protect your credit card information as it travels over the Internet. Once we receive your credit card information, it is securely stored in a PCI compliant manner. We do not sell any information about individual customers to third parties, sell or rent lists of customers, or use information about individual customers except to provide the services described herein. Greatland extends all reasonable efforts to protect your personal information once we receive it, however, due to the inherent nature of the internet, we cannot and do not guarantee that any data transmitted over the internet or any other network is completely secure. Therefore, we cannot ensure or warrant the security of any information transmitted to or from us. As with any internet user, you transmit your personal data at your own risk.
Your customer information may be disclosed under the following occurrences:
(b) Enforcement of Agreement or Compliance with Law. We may use or disclose personal information when believed it is appropriate to enforce this Agreement, to protect the rights, property or safety of Greatland or its users, or to comply with laws.
General Data Protection Regulation (GDPR)
GDPR stands for the General Data Protection Regulation, a European Union (EU) law that regulates how personal information can be collected, stored, and used in an effort to protect online users. Under this law, residents of the European Union have the right to know who is collecting their personal information and for what purpose it is being used.
If you are a customer in the European Union or a vendor on our platform (Alaska Marketplace) selling to individuals residing within the European Union, the law applies to you. In addition, as a vendor, you must adhere to the GDPR regulations and follow best practices when handling a customer’s personal information. You may receive certain information about customers, such as names, mailing addresses, phone numbers, and email addresses. It’s important that you keep this information confidential and secure.
In addition, residents in the EU have the “right to be forgotten” and Greatland (along with our ancillary services) will make every attempt to comply with rules under GDPR Article 17, Paragraph 2. Vendors utilizing our system agree to comply as part of their acceptance of these terms and will delete all customer information in their possession upon request.
This Agreement states your entire agreement with Greatland regarding the use of our services. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.
The failure of either the customer or Greatland to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement is governed by the laws of the State of Alaska. You expressly agree that exclusive jurisdiction for any claim or dispute with Greatland or relating in any way to your use of our service resides in the courts of Alaska.
All obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your services with Greatland.
If you have any questions regarding this agreement, please contact us.
This document was last revised on February 17, 2019.