FarmersWeb Terms and Conditions of Use
Last Updated: April 15, 2016
Consent to Terms and Conditions
Use of this Website
By having accepted these Terms and Conditions, and/or entering and participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms and Conditions; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
Description of Services
FarmersWeb provides an interactive environment where farm producers are able to publish their real-time availability online; accept and process orders and track payments from new and existing customers; process credit requests online; streamline customer management; market their farm; and manage and coordinate delivery of their goods to buyers. FarmersWeb enables buyers to discover products grown and raised and producers located in their local delivery area; shop for products from new or favorite local producers; view producers' real-time availability; and manage their purchases on a single, easy to use platform.
Ownership of the Website and Services
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of FarmersWeb (collectively, "FarmersWeb intellectual property") in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with FarmerWeb's consent.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of FarmersWeb, is prohibited. You may download FarmersWeb's digital files as expressly permitted and may access and download your own documents as contemplated herein. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Ownership of Your Content
In connection with your use of the Website and our Services, you may upload and/or submit photographs, logos, contact information, commentary and other content to the Website (your Content). You may access and change your Content at any time.
You are legally responsible for your Content and shall use it as contemplated in these Terms and Conditions. FarmersWeb is not responsible for your Content. You have and will retain full ownership of your Content, subject to the ownership rights of third parties. You represent and warrant that you have all the rights necessary to your Content. You are also responsible for any of your Content that may be lost or unrecoverable through your use of the services. You are encouraged to archive your Content regularly and frequently.
Provision of the Services by FarmersWeb
You acknowledge and agree that if FarmersWeb disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while FarmersWeb may not currently have a fixed upper limit on the amount of storage and data space on the site allotted to you to be used for the provision of any Service, such fixed upper limits may be set by FarmersWeb at any time, at FarmersWeb's discretion.
Registration and Passwords
In order to access and use the Services, you will be required to register and to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You must safeguard any access codes or passwords at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords.
The Subscription Contracts Between FarmersWeb and Sellers
FarmersWeb is always free for registered buyers ("Buyers"), who pay no fee to FarmersWeb to use the Services. There is also a Basic Plan that is offered to Sellers for no charge. This plan gives Sellers a free web page, listing in buyer searches, and a spotlight on the FarmersWeb homepage.
FarmersWeb currently offers Sellers three subscription plans:
- The Online Standard Plan, where Sellers can select to pay on a commission basis or to pay a flat monthly fee. This plan enables Sellers to publish real time inventory availability and to accept online orders and payments without needing your own merchant account.
- The Offline Standard Plan, where Sellers pay a flat monthly fee and can manage orders placed by buyers over the phone, fax, email, text, or in person and track sales, payments, and keep online records.
- The Unlimited Plan, where Sellers pay a flat monthly fee. This plan enables Sellers to accept online orders and payments without needing your own merchant account; manage orders placed by phone, fax, email text or in-person; and give select Buyers terms to process their orders on line but pay later.
Sellers may cancel or change their subscription plan at any time. If Seller cancels the subscription plan or changes to a lower cost plan, the change or cancellation will take effect on the first day of the month following the month in which Seller elected to change or cancel the plan. If Seller elects to change to a higher cost plan, the change will take place immediately. If Seller elects to pay a monthly flat fee, Seller's credit card will be charged on the day Seller signs up for the plan and monthly thereafter, pursuant to the terms of the Credit Card Payment section below. Commission-based subscription fees for orders made by credit card will be charged at the time of each order, pursuant to the terms of the Credit Card Payments section below.
Your subscription Plan will automatically renew each monthly period unless you cancel it before the last day of the monthly period by clicking the cancel button in your account's subscription settings. If, for any reason FarmersWeb is unable to charge your designated payment method within five (5) days from the commencement of the monthly period, FarmersWeb, at its sole discretion, may cancel your Subscription Plan or change your Plan to the Basic (free) Plan. A "monthly period" is deemed to begin on the day you register for your account and concludes thirty (30) days from that date.
FarmersWeb has also offered in the past a Premier Plan. The Premier Plan remains available to those subscribers who are currently using that plan. However, the Premier Plan is no longer being offered to new subscribers and will eventually be phased out entirely.
Under the Premier Plan, FarmersWeb charges Sellers a commission ("Commission") based upon the purchase amount of an order (the "Purchase Amount"). Sellers may also be charged a delivery fee (the "Logistics Provider Fee") if Sellers arrange to have a third-party deliver their product to Buyers. All credit card payments are subject to the terms contained in the Credit Card section below.
Under the Premier Plan, FarmersWeb will collect, directly from Buyer, the Purchase Amount, separate shipping fees, and any other related charges ("Other Charges"). FarmersWeb will remit to Seller (via electronic transfer or through a check mailed to Seller's address of record or last known address) the Purchase Amount, plus Other Charges, less the Commission and, if applicable, the Logistics Provider Fee, which FarmersWeb will pay directly to the Logistics Provider. All payments will be made by FarmersWeb no later than twenty four (24) days from the date that Buyer receives delivery of an order the Buyer has placed with Seller.
Under the monthly flat fee subscription plans, Sellers may elect to receive payment from Buyers in various forms, including credit card, COD or via a standard invoice. Credit card payments are subject to the terms contained in the Credit Card Payment section below.
On occasion, FarmersWeb may make available free trial offers ("Trial Offer") for new potential customers considering the use of the FarmersWeb Services. In order to participate in a Trial Offer, you must have a valid payment instrument, such as a credit card or other permitted payment method on file with FarmersWeb. Upon expiration of the Trial Offer, you will automatically join the Subscription Plan you have chosen and FarmersWeb will charge your authorized payment instrument the applicable monthly fee, unless you cancel your account before the Free Trial Offer period ends.
Sellers are responsible for providing the price for each item sold through FarmersWeb ("Purchase Amount"). Seller may include any applicable processing fees in Purchase Amount when listing item for sale. FarmersWeb acts as a venue to allow Sellers and Buyers to offer, sell and buy certain goods. FarmersWeb is not directly involved in any transaction between Sellers and Buyers except in the case of the Premier Plan except as described above. As a result, FarmersWeb has no control over goods listed on the site, the validity of claims made by its Users, or the ability of both Sellers and Buyers to carry out the transactions agreed to on the Sites. Therefore, FarmersWeb cannot ensure that a Seller or Buyer will actually complete a transaction and Famers Web does not transfer legal ownership of goods from Seller to Buyer. FarmersWeb simply acts a venue for Sellers and Buyers to agree on purchase terms; it is not responsible for validating, enforcing, or otherwise carrying out any purchases made through the Sites, except in connection with the Premier Plan, and then only as specifically set forth above. FarmersWeb is not responsible for payments or payment terms or pricing of goods under any circumstance.
FarmersWeb charges fees to Sellers for use of its services. By using this site, you (a) acknowledge your awareness of any and all fees applicable to your use (or the use of your agent, successor-in-interest, or affiliate) of the site or services, (b) waive any lack of notice or like defense to the imposition of said fees, (c) agree to pay all fees applicable to any and all transactions to which you, or your agent(s), successor-ininterest, or affiliate(s), if any, are a party, and (d) accept and agree to be bound by the payment terms and conditions as set forth hereinafter, as well as all other provisions of this agreement which are incorporated in these payment terms and conditions by reference.
Credit Card Payment
Sellers who subscribe to the Online Subscription Plan and the Unlimited Subscription Plan and who are eligible under and agree to the credit card payment terms of Braintree can accept credit card payments from Buyers via Braintree. To be eligible to accept credit card payments, Sellers are required to accept the Braintree sub-merchant agreement, which governs every credit card transaction between Sellers and Buyers using the Services. Please review carefully the terms and conditions of use and sub-merchant agreement on the Braintree website. FarmersWeb is not liable to Sellers or Buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Braintree sub-merchant agreement or Braintree terms and conditions.
Buyer Request For Credits
If Buyer receives an order that is incomplete, or contains damaged goods, or is otherwise unsatisfactory to Buyer, Buyer may, within 48 hours of receipt of delivery of the goods from Seller, submit a request for credit to Seller. Seller may approve or decline a request for credit and Seller's determination with respect to such request shall be final. FarmersWeb is not responsible for administrating, approving, or resolving credit requests or disputes. If Seller agrees to credit Buyer's account, the credit will be applied to the Purchase Amount of the order at issue, and the Purchase Amount of that order will be reduced by the amount of the credit. The final Purchase Amount (minus any applicable processing fees) will then, for Sellers on an Online Subscription Plan, be sent directly to Seller's bank account that was provided upon sign up. Payment may take up to two (2) business days to reach Seller's bank account. In the case of an Offline Subscription Plan, Buyers will be sent an invoice by email 48 hours after delivery which will reflect any amount credited to the Buyer – as explained in this section. Sellers are responsible for collection of the payment reflected in the invoice directly from Buyers. In the case of the Premiere Plan, FarmersWeb will remit to Seller the final purchase amount (including any deductions for approved credit requests) in the manner described in the section above relating to the Premier Plan.
Termination of Cancellation of Account By Seller
Sellers may cancel their accounts at any time, at Sellers' sole discretion by clicking the cancel button in the setting section of their account. No refunds of fees for any portion of the monthly period in which Seller cancels its plan will be due to Seller.
Use in the United States
This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You must be a registered subscriber to access and use the Services.
You are responsible for your Content and your communications with others while using the Website and the Services. You agree not to submit any Content that: (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone's copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.
You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the Website.
You are responsible for maintaining and, to the extent applicable to your activities, safeguarding the confidentiality of your Content.
You are responsible for ensuring that your conduct is in compliance with any rules, regulations, or laws applicable to your business or profession.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Site.
You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
Limitation of Liability and Use Disclaimer
FarmersWeb endeavors to make sure that all information and data it originates on the Website is accurate. However, FarmersWeb is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. FARMERSWEB RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
NEITHER FARMERSWEB (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FARMERSWEB MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF FARMERSWEB'S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, FarmersWeb's liability is limited to the greatest extent allowable under applicable law.
When you communicate with FarmersWeb electronically, via email or otherwise, you consent to receive electronic communications from FarmersWeb. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by FarmersWeb satisfy any legal requirement that such communication be in writing. FarmersWeb encourages you to retain your own copies of relevant information and Content, however, upon your written request; FarmersWeb will provide you with a copy of the information you provided to FarmersWeb when creating your Subscription account. To make such a request please contact email@example.com.
With respect to all communications you make to FarmersWeb directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and FarmersWeb shall have no obligation to protect your communications from disclosure; (ii) FarmersWeb shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) FarmersWeb shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
Copyright Infringement - Notice and Take-Down Policy
FarmersWeb values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify FarmersWeb's Designated Agent in writing as follows:
Name of Designated Agent: Copyright Administrator
Electronic Mail Address: firstname.lastname@example.org
In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow FarmersWeb to locate such materials;
- contact information (i.e., name, address, email address) sufficient to enable FarmersWeb to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this Website (the "Software") may be subject to United States export controls or the export controls of other countries from where you access the Site. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law