Welcome to Crofter Market! We are excited you are here, and we look forward to being able to grow with you at this time. The Crofter Market app, and any associated websites or other programs (“App”) are owned and operated by Crofter Market, LLC (“Crofter Market”, “us”, “we”, or “our”). To help ensure good communication and an understanding of our services, we have provided you as a user of this App (“you” or “your”) with the terms and conditions that govern our services and App operations (“Terms”). If you use our App, or you request any services from us, you consent to these Terms and agree that these Terms apply to govern our interactions.
Our Values and Community
At Crofter Market, we are a community of individuals and companies that share in a set of values and beliefs. If you use the App, you are agreeing that you share the same values and beliefs, which are:
Specifically, we, along with the members of our community, assert that the above rights are fundamental individual and human rights protected by State and Federal Constitutions. We fully believe that these rights are expressly and implicitly protected, including in declarations within such constitutions that there are other, unenumerated rights retained by the people. Community members fully believe that the government should not regulate or interfere in the core functions of individuals in electing their food or health choices. We authorize Crofter Market to initiate lawsuits on our behalf to protect the above values and interests.
App users also fully believe and maintain that the common law and the law of nature both dictate that these rights are fundamental rights, essential in the fabric of a constitutional republic. Individuals are individual because there is not one option that works for everyone, and there are many food types that may be proper for each person. Each individual has the right and freedom to select for themselves how they nourish and cultivate their body and mind, and the members in the community have come together specifically to pursue and create a community focused on providing these opportunities to those who also hold and follow these same core values.
You agree that to be an active member of our community, you will purchase or provide food to purchase on the App at least once per year. If you do not interact with and contribute to the community at least once per year in this manner, you will not be considered an active member of the community. We hope though that you choose to pursue many opportunities with the app and others in your area so that you can benefit from the amazing people, opportunities, and food sources that exist around you.
If you do not agree with these values, you are not permitted to use the App or its services.
The App and Services
At Crofter Market, we strive to connect food producers with food consumers. We highly respect the food producers and the work they do, and we want to build and strengthen local and communal networks for local food distribution and consumption.
It is important to note that Crofter Market does not produce food, nor does Crofter Market guarantee or warrant the food that is sold on the App. All food producers are independently owned and operated, and the App is a place to connect the Producers to the Consumers.
Due to this, every Purchaser and Consumer must take steps to ensure that they are satisfied with the condition of the food or product offered and that they assume the responsibility to independently verify the quality, contents, and other material factors associated with the food or product purchased. You agree to be responsible for these items and for your own health and safety. You specifically agree that you are not relying on anything from the App or Crofter Market related to your decisions in purchasing or consuming the food or products offered for sale and that you are fully responsible for your own choices and decisions.
Account Creation
Users must create an account to access the app and its content. Each user must be at least thirteen years old. Each user warrants that: (a) all required registration information submitted is truthful, up-to-date and accurate; (b) the user will maintain the accuracy and confidentiality of such information. You agree to not provide Crofter Market with any private or confidential information that is not required for account creation and you agree that you are not expecting Crofter Market to operate at standards of security that exceed industry standards for smaller apps and websites. While Crofter Market will work to maintain the security of account information, Crofter Market will also be relying on other third-party providers and cannot guarantee or warrant its ability to never be compromised by a hacker, and you agree to release and hold Crofter Market harmless from any claims or damages that may arise as the result of a hack or data security breach, especially one associated with a third-party service provider. Specifically, you knowledge that Crofter Market does not store credit card information, and that all credit card information is stored and handled by Ziftpay, the credit card processer that connects to the App.
You may delete your Account at any time by following the instructions on the App. Crofter Market may also suspend or terminate your account in accordance with these Terms.
Account Responsibilities
Users are responsible for maintaining the confidentiality of account login information and are fully responsible for all activities that occur under the user’s account, including for purchases authorized through the user’s account. You agree to immediately notify Crofter Market of any unauthorized use, or suspected unauthorized use of your account. Crofter Market cannot and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with the requirement to safeguard your account information.
Types of Users and Code of Conduct
These Terms apply to all users of the App unless otherwise stated in these Terms. At times, and when expressly stated, certain Terms only apply to a specific type of user of the App. Specifically, the App will have two main groups of users, “Consumers” (or those who purchase products) and “Producers” (or those who sell products).
All Consumers agree to act honestly and to use the App and make purchases for their own individual use and benefit. Consumers agree that if they do report on products or provide feedback for others to see, they will do so honestly and will not give better or worse rankings or feedback based on factors other than the actual product itself or the service of the Provider.
All Producers agree to act honestly and to disclose relevant information to Consumers. All Producers agree that it is material to disclose accurate and truthful information about food and how it is grown, prepared, and handled. All Producers agree to not make claims about their food or products that are not supported by actual facts or evidence, and Producers agree to use terminology in ways that are accepted by Crofter Market. Crofter Market may from time-to-time publish definitions about certain terms (such as ‘Organic’, ‘Natural’, ‘Plant-Based’, etc.), and all Producers agree to abide by such definitions and agree to not use such defined terms if they do not apply to the product the Producer is selling. All Producers agree to not knowingly provide a Consumer with any product that is rotting, spoiled, or otherwise not safe for human consumption.
Fees for App
All Consumers and Producers can access the App, free of charge, and can post products for sale or review products that have been posted by others. When a sale occurs, all users acknowledge and agree that Crofter Market will be paid nine percent (9%) of the gross revenue from each transaction (“Transaction Fee”). The Transaction Fee may be remitted directly to Crofter Market from the payment processor, and all users agree and give permission to the processor to send the Transaction Fee directly to Crofter Market. All users give Crofter Market permission to process all App payments directly through its appointed processor. These amounts may be updated or changed from time-to-time by Crofter Market. If you continue to use the App after these Terms or amounts or modified or changed, or you accept the changes, you are consenting to being bound by the updates or changes.
Each Producer is responsible to track and maintain their sales tax obligations, including without limitation collections, payments and reporting. The App is not responsible for ensuring that the sales tax obligations of a Producer have been met or satisfied correctly. When a Consumer has actual knowledge of a sales tax obligation existing, each Consumer agrees to properly pay sales tax if such tax is owing on any products that are purchased and a Producer does not, for any reason, fail to properly charge the appropriate sales tax on an item. A Producer or Consumer agrees to be responsible to pay all taxes that are owing, regardless of whether the Producer or Consumer knew that such amounts were owing at the time of the transaction. This App is not intended to provide any means or methods for any user to circumvent or avoid applicable tax obligations, and Crofter Market may terminate any user’s account for repeated failures to comply with tax obligations or other legal obligations.
Legal Compliance and Individual Responsibility
All Producers agree to be responsible for their own legal compliance and ensuring that their products and services are compliant with applicable laws and regulations. All users acknowledge and agree that they are not relying on Crofter Market or the App for any indication or guarantee of compliance by any particular Producer. You expressly agree that it is not negligent for Crofter Market to not review the qualifications, practices, or products of a Producer. You also agree that it is not negligent for some foods from Producers to be sold in a more natural state, such as potatoes that have not been thoroughly washed or pesticide-free foods that may contain an occasional bug or insect. You expressly agree that pesticide-free foods may contain bugs or insects and that such does not give rise to a claim of negligence or breach of contract. To the extent possible, you waive the application of laws that may require that all foods be completely bug and insect free, and you agree to be responsible to check all foods prior to consuming to ensure that the foods are in a condition satisfactory to you and those you are feeding prior to using the foods or products obtained.
Content
The App provides the ability for Producers to post content and other information (“Producer Content”). Crofter Market does not make ownership claims in or to the Producer Content, but each Producer grants Crofter Market a royalty free, non-exclusive, irrevocable, worldwide right to exhibit, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit any Producer Content, including without limitation the identity of and logos of a Producer, and to grant sublicenses of the foregoing rights, for the purposes of including Producer Content in and marketing the App. You hereby waive any claims and assertions of moral rights or attribution with respect to your Producer Content. Each Producer agrees to not violate the copyright, trademarks, or intellectual property rights of others. Each Producer agrees that all Producer Content posted will be in accordance with the copyright or other intellectual property rights of the owner of the Producer Content. All Producers agree to indemnify and hold Crofter Market harmless from any and all Producer Content they post that violates the rights of others.
Each Producer is exclusively responsible for its Producer Content. You hereby certify that your Producer Content does not violate our community guidelines that may be posted and updated from time-to-time. Specifically, such Producer Content may not contain lewd or pornographic images or sayings, violent depictions, inappropriate language, or contain any content that discriminates unlawfully against individuals. You may not represent or imply to others that your Producer Content or your products or services are in any way provided, backed, sponsored or endorsed by Crofter Market. Crofter Market is not obliged to backup any Producer Content that you post; also, your Producer Content may be deleted at any time without prior notice to you, for any reason. There is no guarantee that Producer Content will remain available for any set length of time. You are solely responsible for making your own backup copies of your Producer Content if you desire to have a backup.
All users agrees that Crofter Market has no obligation to review any of the Producer Content that is posted. However, Crofter Market reserves the right, but not the obligation, to remove any Producer Content that violates these Terms or the community guidelines or that is patently wrong, offensive, or illegal in any form, as well as to take other actions authorized by these Terms or amendments thereto. Each user agrees that Crofter Market is not liable or responsible for Producer Content. Each Producer assumes full liability and responsibility for their own Producer Content.
Privacy
Please refer to Crofter Market’s Privacy Policy for the terms and conditions associated with information we collect and use and your privacy. By using the App, you agree to the associated privacy terms and conditions.
Refund Policy
ALL SALES ARE FINAL. Crofter Market does not provide refunds on items purchased unless a refund request is formally approved by Crofter Market. For all other refund requests, you may contact the Producer for refund requests, and each Producer may set their own refund policies as well.
Notwithstanding the above, all Producers that utilize the App agree to be bound by any final decisions of Crofter Market as it relates to refunds. Crofter Market may approve a refund request from a Consumer when Crofter Market feels, in its sole discretion, that the circumstances require a refund, such as, for example, to avoid a manifest injustice. Crofter Market is authorized to offset any refund amounts owing from a Producer from funds arising from items sold by that Producer.
Assumption of Risk
You acknowledge that there are risks associated with consuming food, and that the food purchased from Producers may differ in type, quality, or other characteristics from food purchased in the store. You acknowledge and agree that you are assuming all responsibility for yourself and that you are not relying on Crofter Market to protect you from the associated risks of foods purchased from Producers. You agree to indemnify and hold Crofter Market harmless for any risks, liabilities, damage, or other claims that arise as a result of your use of the App, your purchase or consumption of any products, or your participation in any events or online forums.
You agree to be fully responsible for your own health and medical conditions and situations and to research for yourself the appropriateness of using any foods or products from any Producer. You agree to consult with your health professional and rely on your health professional’s advice regarding what types of foods you should consume. You agree to fully release and hold Crofter Market and its owners, contractors, employees, and other agents harmless from any and all liability associated with any health or medical condition you experience, including if Crofter Market could have been aware of such issues as a result of disclosures you made, whether in writing or orally.
Affiliate Links
Crofter Market provides notice that the App contains products from independent Producers and may contain links to other third-party websites or apps. Crofter Market does not warrant or guarantee the services or products provided in any of the links. Further, Crofter Market may receive affiliate, ad, or other forms of compensation if you purchase the products or services listed or if you purchase other products or services after following a link. You agree that Crofter Market provides these links and postings as a convenience only and that you release and hold Crofter Market harmless from any and all damages or claims associated with your use of the linked sites, purchase of products or services, or other interactions with the associated companies.
However, if you have had a problem with a linked site or a product or service from the site, please take the time to inform Crofter Market of your experience so that Crofter Market can review the links from time-to-time to decide if some companies or products should not be offered as a link on the App or if some Producers should not be allowed to continue utilizing the App.
No Warranty or Guarantee
THIS SITE IS PROVIDED BY CROFTER MARKET ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROFTER MARKET MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU AGREE THAT ALL SERVICES AND PRODUCTS ARE PROVIDED AS-IS, AND THAT YOU ARE NOT RELYING ON ANY GUARANTEES OR WARRANTIES ASSOCIATED WITH OUR SERVICES. CROFTER MARKET DOES NOT GUARANTEE OR WARRANT THAT THIS APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CROFTER MARKET MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT CROFTER MARKET, ASSUME THE ENTIRE COST OF ALL DAMAGES (DIRECT, CONSEQUENTIAL, OR OTHERWISE) IN THE EVENT OF ANY LOSS ARISING FROM THE USE OF THIS APP, THE SERVICES, OR CONTENT.
No Oral Agreements
Crofter Market’s App contains pricing and other relevant information for its services. You agree that you will not rely on any oral statements or promises, including from Producers, regarding pricing, offerings, products or other services, and that the written documentation and prices listed, including these Terms, form the full and complete extent of Crofter Market’ obligations to you. The written documentation expressly supersedes any oral or side agreements or expectations that are not set forth in these Terms or other documents signed between the applicable parties.
Restrictions on Use
All material included on Crofter Market’s App, website or other software services, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Crofter Market or the applicable Producer, is proprietary information, and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms violates Crofter Market’ intellectual property rights. Except as expressly noted below, nothing on the App grants a license in or to any Crofter Market trademarks, copyrights, proprietary information, or other intellectual property rights, whether by implication, estoppel or otherwise.
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Crofter Market, except that:
Users of the App must not:
The Content and the functionality of the App may be updated or changed at any time without prior notice. In addition, if Crofter Market becomes aware that you are copying, modifying or distributing the Content from the App other than for the permitted uses of the App, Crofter Market reserves the right to revoke your right to these permitted uses. Crofter Market further reserves the right to update these Terms and revoke any of the permitted uses listed above or add to the restricted uses above. Crofter Market may terminate your account for a violation of any of the Terms contained in this Agreement.
Further, Crofter Market may remove any content or information from the App, without notice to you (even if you provided or uploaded the information), if Crofter Market receives notice of a copyright or other intellectual property violation or if Crofter Market determines it necessary to do so, in its sole discretion, including if it receives notice of any illegal activity occurring on the App. You agree that you have no ongoing right to have any content or information remain on the App.
Limitation of Liability
Neither Crofter Market, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the App, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the App or the operation of the App or failure of the App to operate. In no event shall Crofter Market be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Crofter Market has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this App or from Crofter Market. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Crofter Market would not grant access to the App or provide any services without your agreement to these Terms, including without limitation this specific term.
If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Crofter Market’ liability for any of its services, including without limitation for those agreed to in contract or otherwise, is the amount you actually paid Crofter Market for the services within the three months preceding the Claim arising. If you did not pay Crofter Market for any services but assert that Crofter Market is liable for any reason, you agree that the maximum amount of liability for Crofter Market is $500.
Indemnification and Release
All Producers on the App agree to fully indemnify, hold harmless, protect and defend Crofter Market and its employees, owners, and other agents from any and all claims, damages, fines, judgments, harm, illegal conduct, unlawful actions, injuries, attorneys fees, or other forms of liability that may arise (“Claims”) against Crofter Market or any of its employees, owners, or other agents or that may arise to a third-party as a result of any product, service, action, or inaction of the Producer, whether known or unknown, foreseeable or unforeseeable, whether arising in tort, contract, statutory obligation (including without limitation any violation of any local, state and/or federal law, regulation, ordinance, directive or rule whatsoever, any food-safety rules or processing requirements, any tax obligations (such as sales or incomes taxes that may be owing) and all employment-related matters which shall include but not be limited to all matters arising under local, state and/or federal right-to-know laws, environmental laws, all laws within the jurisdiction of the NLRB, OSHA, FDA, and EEOC, including Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act (including without limitation those aspects relating to employment, public access and public accommodation), the WARN Act, ERISA, all laws governing wages and hours (including without limitation: prevailing wage rate; exempt and non-exempt status; child labor; and minimum wage and overtime matters), all laws governing race, sex, sexual harassment, retaliation, religion, national origin, color, age, veteran status, disability, and marital status, all laws governing disclosed and undisclosed benefit plans, and all other labor laws), or any other legal basis, without regard to the cause or causes thereof.
All users agree to release Crofter Market and its employees, owners, and other agents from any and all Claims associated with any product or service they receive from a Producer, and they agree to look solely to the Producer of the product or service for any form of relief.
DMCA Notice and Takedown
Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the App infringes your copyright, you must send a notice of claimed infringement to Crofter Market’ Copyright Agent at the following address:
Crofter Market
c/o Copyright Agent
38 N 980 E
Salem, UT 84653
Phone: (801) 427-8322
Email: terms@crofter.com
Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Crofter Market and that it include each of the following elements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information to contact you, including your name, address, telephone number and, if available, your email address.
A description of each work claimed to have been infringed, including any relevant information about the infringing activity.
A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the App (or, if the infringing information is located on another website linked to through the App, information about the location of the link or reference on the App) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Crofter Market does not permit copyright infringing activities and infringement of intellectual property rights on the App and Crofter Market will remove the infringing content if properly notified of infringement. As stated above, Crofter Market reserves the right to remove any and all content and user submissions without prior notice.
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Crofter Market’ Copyright Agent:
A physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Crofter Market’ Copyright Agent, Crofter Market may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Crofter Market will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Crofter Market’ sole discretion. Nothing contained herein obligates Crofter Market to restore any content.
Governing Law
You agree that your use of this App, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah, without reference to conflict of laws principles. You agree to submit to personal jurisdiction in Utah for any disputes related to this App, these Terms, or Crofter Market’s services. Any dispute relating to this App, these Terms, or Crofter Market’s services shall be first submitted to mediation in Utah, and if mediation is unsuccessful or a party refuses to attend mediation within 30 days of receiving a written demand for mediation, then such dispute shall be resolved solely in the state or federal courts located in Salt Lake City, Utah. You waive any defenses to such forum or venue. Further, in the event that a breach of these Terms or other issues would threaten irreparable harm to a party, the party may file a case directly in court for relief without first being required to mediate such issue(s).
Updates to Terms
Crofter Market may from time-to-time update these Terms. Your continued use of any services or the App will constitute your acceptance of the updated Terms. You waive any requirements that you be provided with notice of updates to the Terms.
Contact
If you have questions or comments about these Terms and Conditions, please contact us at:
Crofter Market, LLC
Last updated May 2, 2024.