Terms of Service

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

Welcome to Worldwide Farmers Market.org, home of the web’s best farmers market directory, operated by Worldwide Farmers Market, Inc. (hereafter sometimes referred to as “Worldwide Farmers Market,” “us,” or “our”). By using the worldwidefarmersmarket.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a free member (“Registrant”) or become a paid subscriber (“Member”). If you wish to become Registrant or a Member and make use of the Worldwide Farmers Market service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the Worldwide Farmers Market Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by Worldwide Farmers Market at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Worldwide Farmers Market.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Worldwide Farmers Market from time to time, such modifications to be effective upon posting by Worldwide Farmers Market on the Website. This Agreement includes Worldwide Farmers Market’s Blog Etiquette, Worldwide Farmers Market’s Privacy Policy, Worldwide Farmers Market’s Sign Up Page and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email sitesupport@worldwidefarmersmarket.com. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Worldwide Farmers Market.

Offensive, Provocative, and Defamatory Content. Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited.

Proprietary Rights. Worldwide Farmers Market owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Worldwide Farmers Market, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

No Resale or Redistribution of Service. Except as expressly authorized by Worldwide Farmers Market, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").

Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are “repeat infringers.” Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:

1. The signature of a person authorized to act on behalf of the owner of the infringed copyright;
2. Identification of the copyrighted work or works claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
4. Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
6. A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Privacy. Please see our complete Privacy Policy, which is incorporated into this Agreement. Further, you acknowledge, consent and agree that Worldwide Farmers Market may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Worldwide Farmers Market, its users and the public.

Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Worldwide Farmers Market cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Age Requirements. This website’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at sitesupport@worldwidefarmersmarket.com immediately. You must be at least eighteen (18) years of age to subscribe as a Member of worldwidefarmersmarket.com. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Unauthorized Users. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Unauthorized Uses. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Worldwide Farmers Market. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Worldwide Farmers Market’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Worldwide Farmers Market for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving or back-up purposes.

Blocking of IP Addresses. In order to protect the integrity of the Service, Worldwide Farmers Market reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

Registration and Subscription; Pricing. You may be come a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.

In order to access additional features and services, including the ability to use many of our tools, you must become a paying Member to the service by agreeing to enter into a subscription with us. Please see our Sign Up Page for a description of the current subscription plans and their prices (hereafter “Subscription Policies”).

Subscriptions; Charges on your Billing Account.

1. General. You agree to pay Worldwide Farmers Market the subscription fee (“Subscription Fee”) specified in the Sign Up Page during the subscription Period (“Subscription Period”). The Subscription Period varies depending on the plan you sign up for. We currently offer only annual subscriptions.

2. Payment Method. A valid credit card is required to subscribe to the Service. Worldwide Farmers Market bills you through a secure online account (your “Billing Account”) for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Worldwide Farmers Market servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Worldwide Farmers Market for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Worldwide Farmers Market to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Worldwide Farmers Market reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Worldwide Farmers Market does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
3. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY WORLDWIDE FARMERS MARKET IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FOLLOWING THE “MANAGE MY SUBSCRIPTION” LINK ON YOUR “MY ACCOUNT” PAGE (YOU MUST BE LOGGED IN TO VIEW THIS PAGE). IF YOU FAIL TO PROVIDE WORLDWIDE FARMERS MARKET ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WORLDWIDE FARMERS MARKET MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.
4. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Worldwide Farmers Market shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Worldwide Farmers Market account. You agree that Worldwide Farmers Market may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
5. Collection. Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys’ fees and collection costs arising from Worldwide Farmers Market’s efforts to collect unpaid balances.
6. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Worldwide Farmers Market is authorized to charge your Payment Method. Worldwide Farmers Market may submit those charges for payment and you will be responsible for such charges. This does not waive Worldwide Farmers Market’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
7. Promotions. Any promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact sitesupport@worldwidefarmersmarket.com to have the charges reversed.

Modifications to Service. Worldwide Farmers Market reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Worldwide Farmers Market shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Reliance on Content, Advice, Etc. Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Worldwide Farmers Market does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Worldwide Farmers Market or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Disclaimers of Warranties. The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Worldwide Farmers Market expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Worldwide Farmers Market cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Worldwide Farmers Market cannot and does not guarantee compatibility with other systems and hardware.

Third-Party Content. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Worldwide Farmers Market may provide links to certain third-party Websites. You acknowledge and agree that Worldwide Farmers Market is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Worldwide Farmers Market has no control over such sites and resources, you acknowledge and agree that Worldwide Farmers Market is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Worldwide Farmers Market is not in any way responsible for any such use by you.

Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Worldwide Farmers Market be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Worldwide Farmers Market has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Worldwide Farmers Market’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Worldwide Farmers Market in the twelve (12) months prior to the claimed injury or damage.

Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.

Indemnity by You. You agree to indemnify and hold Worldwide Farmers Market, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Worldwide Farmers Market’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. Worldwide Farmers Market may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Worldwide Farmers Market. If Worldwide Farmers Market terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Worldwide Farmers Market. Worldwide Farmers Market is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Worldwide Farmers Market reserves the right to refuse service to anyone for any reason at any time.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Michigan, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Michigan, in Ottawa County, for the resolution of any such dispute.

Other. The failure of Worldwide Farmers Market to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Worldwide Farmers Market and govern your use of the Service, superseding any prior agreements between you and Worldwide Farmers Market (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to sitesupport@worldwidefarmersmarket.com.