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Terms of Use

Agreement Between User and The Market Garden

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THEMARKETGARDEN.COM WEBSITE (“SITE”) AND SERVICES OFFERED BY THE MARKET GARDEN (“THE MARKET GARDEN”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES PROVIDED BY THE MARKET GARDEN (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “User” or “you”) agree to be bound by these Terms of Use. These Terms of Use apply to all Users of the Services.

Who We Are

The Market Garden is an online marketplace for connecting individuals seeking to buy locally sourced food and other goods (“Buyers”) with fresh food producers and artisans seeking to sell locally sourced food and other goods (“Vendors”). The Site seeks to connect Buyers and Vendors to facilitate the sale of various types of locally produced products such as, but not limited to, produce, fruit, bread, and other fresh food items (“Products”). Buyers, Vendors, and visitors to the Site are hereinafter referred to as “Users.” Products offered on the Site by Vendors for purchase by Buyers are hereinafter referred to as “Services.”

PRIVACY

Please review our Privacy Policy, which also governs your use of the Site and Services, to understand our practices.

Your Account

If you use the Site and/or create a personal account, you are responsible for maintaining the confidentiality of your account and associated password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Market Garden is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Market Garden reserves the right to refuse or cancel service to any User, for any reason, at any time. The Market Garden may also terminate accounts, or remove or edit content posted on a User’s account if the content violates the Terms of Use.

Termination/Access Restriction

The Market Garden reserves the right to modify or terminate the Services for any reason, without notice, at any time. The Market Garden reserves the right to alter these Terms of Use or other Site policies at any time by posting any updates prominently displayed to the Site and by informing Users via e-mail of the intended changes at least 14 days prior to the changes taking effect.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and access the Services strictly in accordance with these Terms of Use. Any attempt to assign or transfer the license granted by the Terms of Use, without the express written consent of The Market Garden will be null and have no effect.

As a condition of your use of the Site, you warrant to The Market Garden that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other User’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 through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on or in connection with the Site, are the sole property of The Market Garden. Content posted by individual Vendors in connection with their Products, such as text, graphics, logos, images, as well as the compilation thereof, is the property of that Vendor.

All content is protected by applicable copyright, trademark, patent, and other intellectual property laws that protect the rights of the Vendor. You agree to observe and abide by all copyright, trademark, and patent notices, legends or other restrictions contained in any such content.

You will not use, copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from The Market Garden. Use of protected content is limited solely for your personal use while using the Site. You agree that you will make no other use of the content without the express written permission of The Market Garden and/or the proper owner of the relevant content. You do not acquire any ownership rights to any protected content.

The Market Garden does not claim ownership rights to your content. By using the Site, you grant The Market Garden a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use any information or content you post or upload to the Site. You agree to allow The Market Garden to store, translate, or re-format your content on The Market Garden and display your content on The Market Garden in any way The Market Garden chooses. Any content containing personal information will be treated in accordance with The Market Garden’s Privacy Policy.

By posting content on the Site, it is possible for another website or a third-party to re-post that content without permission. You agree to hold The Market Garden harmless for any dispute concerning this unauthorized use.

The Market Garden may assign or transfer these Terms of Use to another party, at its sole discretion, without restriction. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the party, their successors and permitted assigns.

Information of Others

As part of a transaction, you may obtain personal information, including name, telephone number, e-mail address, and mailing address, from another User. Without obtaining prior permission from the other User, this personal information should only be used for that transaction or for communications directly relating to that transaction. The Market Garden does not grant you a license to use the personal information of another User for any purpose. For additional information relating to the use of personally identifiable information, please see The Market Garden’s Privacy Policy.

International Users

The Site and Services are controlled, operated and administered by The Market Garden from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use The Market Garden content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Offers to Buy or Sell Outside of The Market Garden

The Market Garden does not allow Users to use the Site to contact each other for buying and selling purposes outside of The Market Garden. Users cannot use information obtained from The Market Garden to contact each other about buying or selling outside of the Site. Vendors are liable for fees arising out of all sales made using some or all of The Market Garden’s Services, even if sales terms are finalized or payment is made outside of the Site.

Vendors are liable for final value fees if they offer or reference their contact information, or ask for a Buyer’s contact information, in the context of buying or selling outside of the Site.

Users who do not adhere to these guidelines are subject to a range of actions. The Market Garden reserves the right to limit, restrict, or suspend any User’s access to the Site and its features. Listings may be removed without refunding any or all applicable fees. Users may be subject to the application of fees and recovery of The Market Garden’s expenses in policy monitoring and enforcement.

Vendor Guidelines

Quality Statement

As a condition of using the Site, our Vendors accept full responsibility for the freshness and quality of their products. Our Vendors agree that they may be removed from the Site as a result of delivering products that are expired, damaged or otherwise deemed of lesser quality by a Buyer. The Market Garden reserves the right to remove any Vendor from the Site at any time for any reason, due to, but not limited to poor quality, poor delivery service, and/or poor customer service.

Fresh food Vendors agree to grow the best produce possible for The Market Garden and deliver these products, as committed, to the Buyer. Some Vendors are unable to provide select produce due to certain circumstances. Vendors may, at their option, purchase produce from other local growers. Produce that is out of season or not grown in the Vendor’s climate zones, but is in demand by the Buyers, may be offered on the Site. It is the responsibility of the Vendor to disclose when produce is not from a local source. The Vendors must also disclose the origin of the produce when requested.

Our food Vendors agree to use the highest food safety standards available for their products, whether produced in a commercial kitchen or in a home kitchen. It is the responsibility of the Vendor to know the cottage food and commercial food production and sale laws of their state and/or local community before posting on the site. Any Vendor discovered to be in violation of their state and/local food safety, handling and/or production laws will be removed from the site.

Vendor Policy

An “active month” is defined as, any month in which a Vendor completes a sale to a Buyer.

An “inactive month” is defined as, any month in which a Vendor does not complete a sale to a Buyer.

“Shipping Fee” is defined as, a Vendor charge to the Buyer for shipping an item directly to a Buyer. When shipping an order directly to the Buyer, Vendors may ship Products via UPS directly from the Site. Vendors may instead choose to use another shipping option, such as FedEx or USPS.

“Delivery Fee” is defined as, a Vendor charge to the Buyer for delivering an item directly to the Buyer or to the Buyer’s authorized Pick-Up Location.

Vendor Fees

When a sale is made through The Market Garden or the Site, Vendor will be charged a 10% transaction fee for the price for each sale.

In any given “active month,” of sales equal to or less than $200.00, a Vendor will be charged a monthly $2.50 Vendor Fee. In any given “inactive month,” the Vendor will not be charged the monthly Vendor Fee.

Vendors reaching sales of $2,500.00 or more in a calendar year will be waived the monthly $2.50 Vendor Fee. Accrued fees will be credited to the Vendor’s account.

Vendors reserve the right to add shipping and delivery charges as desired. Vendors receive 100% of the total shipping charge. Vendors receive 80% of the total delivery charge and The Market Garden receives 20% of the total delivery charge.

Vendors are responsible for paying all fees and applicable taxes associated with selling items via The Market Garden online marketplace. The Market Garden will pay the Vendor the total invoiced amount from each sale minus the 10% Vendor transaction fee. The Market Garden will pay the Vendor 80% of the total delivery charge.

Vendor Withdrawals

Vendors are given two withdrawals per month at no charge. Additional withdrawals will incur $1.50 fee per withdrawal.

Pick-Up Location Policy

A “Pick-Up Location” is defined as an authorized predetermined location set by The Market Garden.

“Holding Fee” is defined as a Pick-Up Location charge to the Buyer for holding the Product for a Buyer.

Pick-Up Location Fees

A Pick-Up Location will be charged a monthly $2.50 fee. Pick-Up Locations may choose to donate their fees back to the Vendor or a charity of choice. In such instance, the Pick-Up Location will not be charged the $2.50 fee per month.

Pick-Up Location Buyers will be charged a minimum of $1 holding fee. Pick-Up Locations reserve the right to add any holding fees as desired. Pick-Up Locations receive 80% of the total holding fee and The Market Garden receives 20% of the total holding fee.

The Market Garden will pay the Pick-Up Location 80% of the total holding fee.

Pick-Up Location Withdrawals

Pick-Up Locations are given two withdrawals per month at no charge. Additional withdrawals will incur $1.50 fee per withdrawal.

Wholesale/Restaurant Buyer

Wholesale and Restaurant Buyers will not be charged any additional fees for purchasing Products in bulk. The Market Garden reserves the right to alter these terms at any time by posting any updates prominently to the Site and by informing Wholesale and Restaurant Buyers via e-mail of the intended changes at least 14 days prior to the changes taking effect.

Shipping, Delivery, and Holding Fees

Pick-Up Locations and Vendors are required to disclose any shipping, delivery, or hold fees accrued to Buyers before finalizing the sale.

Refund, Return, and Cancellation Policy

Wrong Items Received

To resolve any order discrepancies, Buyers should contact the Vendor directly, as this is the fastest way to correct any issues. Allow the Vendor the opportunity to address and resolve the problem.

Contact information for the Vendor is located in the order confirmation e-mail sent following a purchase. If the Vendor has not resolved the issue to the Buyer’s liking, the Buyer should contact The Market Garden at Support@TheMarketGarden.com and we will attempt to act as an intermediary to resolve the issue.

Damaged or Rotten Products

If a Buyer receives bad, rotten, or otherwise damaged goods, the Buyer should notify the Vendor immediately by sending a detailed description of the issue with photos of the purchase to The Market Garden at Support@TheMarketGarden.com and to the e-mail address of the Vendor. Buyers should contact the Vendor directly, as this is the fastest way to correct any issues. Allow the Vendor the opportunity to address and resolve the problem.

Contact information for the Vendor is located in the order confirmation e-mail sent following a purchase. If the Vendor has not resolved the issue to the Buyer’s liking, the Buyer should contact The Market Garden at Support@TheMarketGarden.com and we will attempt to act as an intermediary to resolve the issue. The Market Garden staff will determine whether the Vendor is in violation of the quality guarantee commitment, and subject to removal from the Site.

Cancellation Policy

Buyers should contact the Vendor directly to cancel or modify any orders, as this is the fastest way to correct any issues.

Most Vendors can cancel an order before they begin processing the order, and before the status changes to “pending.” Each Vendor has a different timeline for processing orders, and a varying ability to cancel orders once submitted. There are no cancellations after the Vendor begins processing the order, whereby the order is in “pending,” “delivery,” or “complete” status.

Listing and Selling

Listing Description: All listings on the Site must be for sale. By listing an item on the Site the Vendor warrants that the item complies with all published policies. Vendors warrant that they may legally sell the item and that they have all the necessary licenses and permits to sell the item and/or ship the item across state lines if shipping out-of-state. Vendors must accurately describe listed items and may include text descriptions, graphics, pictures and other content relevant to the sale of that item. The price stated in each item listing description must be an accurate representation of the sale. The sale price may not be altered after a sale.

Binding Sale: Buyers are responsible for reading the description of items before making a purchase. All sales are binding. The Vendor is obligated to deliver the purchased item(s) to the agreed upon location by the agreed upon time or ship the order in a prompt manner unless Buyer fails to meet the terms of the Vendor’s listing (such as payment method).

Prohibited, Questionable and Infringing Items and Activities

Restricted Activities: Content posted by Vendors on the Site will NOT:

Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using the Site) that could cause The Market Garden to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE MARKET GARDEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE MARKET GARDEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE MARKET GARDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MARKET GARDEN DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE MARKET GARDEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE MARKET GARDEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by The Market Garden will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. 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 (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

You and The Market Garden agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

In the event a dispute arises between you and The Market Garden, please contact The Market Garden. 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 the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.

You and The Market Garden 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. You and The Market Garden also agree that you or The Market Garden may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Disputes with Users or Third-Parties

In the event a dispute arises between you and another User or a third-party, The Market Garden encourages you to contact the User or third-party to resolve the dispute amicably.

If a Buyer and Vendor are unable to resolve a dispute resulting from a transaction that occurs on the Site, they may choose to contact The Market Garden to resolve the dispute. The Market Garden may provide a dispute resolution process for the benefit of Users. The Market Garden has no obligation to resolve disputes between Users or between Users and outside parties. To the extent that The Market Garden attempts to resolve a dispute, The Market Garden will do so in good faith based solely on The Market Garden’s policies. The Market Garden will not make judgments regarding legal issues or claims.

You release The Market Garden (and The Market Garden’s officers, directors, agents, and employees) 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, or an outside party.

Applicable Law

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Market Garden.

Breach

Without limiting any other remedies, The Market Garden may, without notice, and without refunding any fees, delay or immediately remove content, inform The Market Garden community of a User’s actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply:

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Market Garden as a result of the Terms of Use or use of the Site. All policies of the Market Garden are subject to existing laws and legal process, and nothing contained in the Terms of Use is restricted. The Market Garden’s obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Market Garden with respect to such use.

Unless otherwise specified herein, the Terms of Use and Privacy Policy constitute the entire agreement between the User and The Market Garden with respect to use of the Site and the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and The Market Garden with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

No Guarantee

The Market Garden does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Market Garden’s control.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

Last Updated 3/7/2018