Terms of Service for Market Owners
Online Farm Markets LLC provides services to local owners and their customers. Each Market is independently owned and operated. Our Services provide a platform for local farmers to sell their products directly to customers in their community. We do not own, produce, or sell any of the products listed on our platform. 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 the following:
“Powered by Online Farm Markets LLC"
OFM 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.
Market Owners may only advertise their products as being certified (for example, “certified organic”) if they have an active certification for that designation.
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.
Please note that while we offer translations of the interface for your convenience, English is our official language. Therefore, in the event of any discrepancies or conflicts between the English version and translations into other languages, the English version will prevail. We cannot guarantee the accuracy, reliability, or completeness of any translated information, and we are not responsible for any errors or omissions created by the translation.
Market Owners may sell any items that are permissible by federal, state and local laws, with the exception of adult content. Market Owners are responsible for removing any items from the site should they no longer be permitted for sale in their locality.
OFM reserves the right to remove or suspend any listings or shops that violate the terms, contain prohibited items, or engage in unethical practices.
In order to maintain the freshness of market listings, OFM reserves the right to place any markets that have been inactive for an entire season in the closed and hidden status so the market will not be visible to customers. The market data may still be retained for a period of time so the market can be re-opened. The data may be deleted, at the discretion of OFM, after a year of inactivity.
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.
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
Credit Card Prossessing
OFM uses a third party processor for credit card processing. Market Owners who wish to allow their customers to purchase by credit card must create an account with the processor for their business and abide by the terms and conditions set forth by the processor. Credit card information is not stored by OFM.
Bank Account Transfers
OFM uses a third party processor for bank account transfers. Market Owners who wish to allow their customers to purchase by bank transfer must create an account with the processor for their business and abide by the terms and conditions set forth by the processor. Bank account information is not stored by OFM.Order Fulfillment and Shipping
Market Owners are responsible for fulfilling and shipping orders in a timely and professional manner. OFM is not responsible for any delays, damages, or losses that may occur during the shipping process.
Refunds and Returns
Market Owners are responsible for handling refunds and returns in accordance with their own policies. OFM is not responsible for processing refunds or returns on behalf of Market Owners.
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
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.
All transactions made through the Service are between the Market Owner and the customer directly. OFM is not involved in the transaction and has no liability or responsibility for the completion, quality, or legality of the transaction.
Non-Payment of Subscription Fees
As a Market Owner on OFM, you are required to pay the specified subscription fees to maintain an active shop on our platform. Subscription fees are essential to support the continued operation and growth of our marketplace, allowing us to provide a high-quality experience for both sellers and buyers.
Consequences of Non-Payment:
- Payment Reminders: We may send you payment reminders and notices regarding the outstanding balance to the contact information provided in your account settings. It is your responsibility to ensure that your contact information is accurate and up-to-date.
- Suspension of Shop: If your subscription fee becomes overdue, we reserve the right to suspend your shop temporarily until the outstanding balance is settled. During the suspension period, your shop and listings will not be visible to buyers, and access to certain features may be limited.
- Late Payment Charges: Late payment charges may be applied to the outstanding balance for each day that the payment remains overdue. The specific late payment charges will be detailed in our payment policies.
- Termination of Shop: If non-payment persists for an extended period despite our attempts to resolve the issue, we reserve the right to terminate your shop and remove your listings from our marketplace permanently. Termination may result in the loss of access to your shop data and settings.
To reactivate your shop after suspension or termination due to non-payment, you will be required to settle the outstanding balance and any applicable late payment charges. The reactivation process will be outlined in your account settings.
Subscription Payement Dispute Resolution:
If you believe there is an error in the payment charges or have concerns regarding the outstanding balance, please contact our support team immediately. We will work with you to address the issue and find a resolution.
By using our platform and maintaining an active shop, you acknowledge and agree to the importance of timely payment of subscription fees. Failure to pay your subscription fees may result in the consequences outlined above.
Disputes Between Parties
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.
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.
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.
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.