Terms of Service for Market Owners

Online Farm Markets LLC (OFM) provides services to local owners and their customers. Each Market is independently owned and operated. Each owner is responsible for ensuring that their market complies with any applicable laws in their jurisdiction. Online Farm Markets does not have knowledge about the produce and other items that are offered locally and so cannot offer any guarantees in regards to items such as quality, freshness, color, taste, weight, growing practices, accuracy of data entered by market owners, etc. We do, however, strongly encourage owners to grow naturally.

Online Farm Markets Brand

Each Market is independently owned and operated, so there is no requirement to make additional mention of OFM in customer communications. If the market owner chooses to mention OFM, the Market Owner must use a phrase to clarify that there is no partnership or ownership relationship with OFM such as one of the following:

“Powered by Online Farm Markets LLC"

“An Online Farm Markets LLC community market"

Product labelling

OFM STRONGLY encourages Market Owners to only offer produce which is grown naturally without the use of chemicals. If a Market Owner chooses to deviate from this standard, they must inform the customer in the product description (such as “pesticides used”, “fungicides used” or “chemical fertilizer used").

Market Owners may only advertise their products as being certified (for example, “organic”) if they have an active certification for that designation.

Text messages

Text messages to customers are provided as a service on a “best effort” basis. Third party services are used to provide text messages to customers, so OFM cannot offer a guarantee of delivery for these messages.

Permissible items

Market Owners may sell any items that are permissible by federal, state and local laws. Market Owners are responsible for removing any items from the site should they no longer be permitted for sale in their locality.

Inventory

Market Owners are responsible for maintaining the accuracy of inventory levels. OFM is not responsible for customers purchasing items represented by the market owner to be in stock after the stock has been exhausted. The Market Owner and Customer must handle this situation in a reasonable manner should it occur.

Sales tax

Market owners are responsible for indicating which products (if any) are covered by sales tax in their locality and are responsible for keeping the tax rate associated with their market up-to-date if the percentage changes. Collected sales taxes are passed on to the Market Owner and the Market Owner assumes the responsibility to pay

Lifetime benefit

The first market to open in each state is granted a lifetime reduction in OFM fees. The market owner must open their market for sales within the first full season after registration and keep the market open each following year in order to continue to qualify for the lifetime benefit. This benefit may be revoked if the market becomes dormant for an entire season.

Credit Card Prossessing

OFM uses Stripe for credit card processing. Market Owners who wish to allow their customers to purchase by credit card must create a Stripe account for their business and abide by the terms and conditions set forth by Stripe. Credit card information is not stored by OFM.

Bank Account Transfers

OFM uses Stripe for bank account transfers. Market Owners who wish to allow their customers to purchase by bank transfer must create a Stripe account for their business and abide by the terms and conditions set forth by Stripe. Bank account information is not stored by OFM.

Indemnification

Owner agrees to defend, indemnify and hold OFM, including our affiliates, directors, officers, employees, contractors, consultants, and agents, and such Personnel of our affiliates, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and court costs, made by any party in connection with your use of the Services, the content you provided or posted using the Services, your breach of this Agreement, your breach of any law or the rights of a third party, and any other acts or omissions relating to the Services.

License to Use the Services

You are granted a non-exclusive, non-transferable, revocable license to access and use OFM strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OFM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OFM or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Disputes

In the event a dispute arises between you and another user, market owner or a third party, OFM encourages all parties to contact the user, owner or third party to resolve the dispute amicably.

If any party or parties are unable to resolve a dispute resulting from a transaction that occurs through the Services, they may choose to enlist OFM’s mediation services in order to resolve the dispute. Cases are escalated for review and resolution by OFM. OFM provides mediation for the benefit of users. OFM does so in OFM's sole discretion, and OFM has no obligation to resolve disputes between users or between users and owners or outside parties. To the extent that OFM attempts to resolve a dispute, OFM will do so in good faith based solely on OFM's policies. OFM will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

The owner releases the OFM Entities from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, owners, or an outside party.

Disclaimer

This website is provided “as is” without any representations or warranties, express or implied. OFM makes no representations or warranties in relation to this website or the information and materials provided on this website.

Limitation of liability

Online Farm Markets does not warrant that the function or operation of this website will continue uninterrupted, that defects will be corrected, or that this website or the server that makes it available will be free of errors or viruses. As a user of this website, you assume full responsibility for any costs associated with the use of our website, and you agree that your access of this website is undertaken at your own risk. OFM shall not be liable for damages of any kind related to your use of or inability to access or use this website.

Indemnification

User agrees to indemnify, defend, and hold harmless OFM, its officers, directors, employees, agents, licensors, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.

Accounts and Passwords

OFM does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use OnlineFarmMarket.com only with permission of a parent or guardian.

Any user may be removed at any time at the discretion of OFM if it is believed that the user is being deceitful or threatening in their communication or actions, or for any other cause.

You understand and agree that you are responsible for maintaining the confidentiality of any passwords associated with your account that you create through this website. Accordingly, you understand and agree that you are responsible for purchases made under your account. If you become aware of any unauthorized use of your account, you agree to notify Online Farm Markets immediately.

Waiver and Severability

Waiver of any of these Terms shall not be deemed a waiver of any other of these Terms, and if any Term is deemed unenforceable or invalid for any reason, that provision shall be severable from remaining provisions, which shall remain in full force and effect. These Terms constitute the entire agreement between you and OFM regarding your use of this website.

Unenforceable provisions

If any provision of this website or app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website or app disclaimer.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Ohio, U.S.A, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Ohio.

Changes to Terms

OFM reserves the right, in its sole discretion, to change the Terms under which onlinefarmmarkets.com is offered. The most current version of the Terms will supersede all previous versions. OFM encourages you to periodically review the Terms to stay informed of our updates.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between OFM and you regarding the Services, and these Terms supersede and replace any prior agreements between OFM and you regarding the Services.

(3/6/2017)