Terms of Service

Introduction

CollectiveCrop LLC ("CollectiveCrop," "we," "our," or "us") operates a community-powered local food marketplace connecting local growers, farmers, and producers ("Sellers") with buyers in their communities ("Buyers"). By accessing or using collectivecrop.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our service.

These Terms apply to all visitors, Buyers, Sellers, and anyone who submits information through our site. They form a binding legal agreement between you and CollectiveCrop LLC.

1. Service Description

CollectiveCrop is an online marketplace platform that enables approved local Sellers to list and sell fresh produce, meats, eggs, dairy, and other locally grown or produced food products directly to Buyers. CollectiveCrop acts as a platform intermediary — we are not a party to any transaction between Sellers and Buyers and do not take possession of any products.

The platform is currently in pre-launch. Features, availability, and pricing are subject to change. We reserve the right to modify, suspend, or discontinue any part of the service at any time. Where feasible, we will provide advance notice of material changes.

CollectiveCrop is not intended for medical, therapeutic, or emergency communication purposes. If you are in distress or need urgent assistance, contact appropriate emergency services.

2. Eligibility

• You must be at least 13 years of age to use CollectiveCrop. By using the service, you affirm you meet this requirement.
• You must be located in the United States.
• Sellers must submit an application and receive written approval from CollectiveCrop before listing any products.
• You agree that all information you provide is accurate, current, and complete, and that you will keep it updated.
• We reserve the right to decline or revoke access to any user at our sole discretion.

3. Accessibility

CollectiveCrop is committed to making our platform accessible to all users, including individuals with disabilities. We aim to comply with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience difficulty accessing any part of our website or need an accommodation, please contact us at CollectiveCropTeam@gmail.com and we will make reasonable efforts to assist you.

4. User Accounts

• You are responsible for maintaining the confidentiality and security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You may not share your account credentials or allow unauthorized access to your account.
• You agree to notify us immediately at CollectiveCropTeam@gmail.com if you suspect unauthorized use of your account.
• We reserve the right to require you to change your credentials if we believe they have been compromised.

5. Seller Terms

By applying to sell on CollectiveCrop, you agree to the following:

• All product listings must be accurate, truthful, complete, and not misleading.
• You represent and warrant that you have the full legal right to sell the products you list, including any required licenses, permits, or certifications.
• You are solely responsible for the fulfillment, quality, freshness, safety, and accuracy of the products you sell.
• You grant CollectiveCrop a non-exclusive, royalty-free license to display your product listings, images, descriptions, and business name on the platform for the purpose of facilitating sales and promoting the marketplace.
• CollectiveCrop reserves the right to remove, modify, or decline any listing at our sole discretion, including listings that violate these Terms, applicable law, or our community standards.
• Sellers are responsible for collecting, reporting, and remitting all applicable sales taxes and any other required taxes.
• You agree to honor any order placed by a Buyer through the platform unless you contact the Buyer promptly to notify them of a product's unavailability.

6. Food Safety & Regulatory Compliance

Because CollectiveCrop facilitates the sale of food products, Sellers bear full and sole responsibility for regulatory compliance. By listing products, Sellers represent and warrant that:

• All food products comply with applicable federal, state, and local food safety laws and regulations, including but not limited to the FDA Food Safety Modernization Act (FSMA), USDA regulations, and applicable state cottage food laws.
• Meat, poultry, and egg products are sold in compliance with USDA inspection and labeling requirements and applicable state laws governing direct-to-consumer sales of animal products.
• Products sold under cottage food exemptions comply with all applicable state cottage food laws, including restrictions on permitted product types, labeling, and sales volume limits.
• All required permits, licenses, food handler certifications, and business registrations are current and in good standing.
• Products are stored, handled, and transported in a manner that maintains food safety and prevents contamination.
• Product labels include all legally required information, including allergen disclosures.

CollectiveCrop does not inspect, certify, license, or independently verify Seller compliance with food safety laws. Buyers purchase food products at their own risk and are encouraged to exercise appropriate judgment. CollectiveCrop disclaims all liability for any harm, illness, injury, or loss arising from food products sold through the platform.

7. Buyer Terms

• Buyers transact directly with Sellers. CollectiveCrop is not a party to any purchase agreement between Buyers and Sellers.
• You acknowledge that product availability, quality, freshness, and safety are the sole responsibility of the Seller.
• CollectiveCrop does not independently verify the accuracy of Seller listings or certifications (e.g., organic, pasture-raised, non-GMO). Such claims are the Seller's responsibility.
• You agree to use reasonable caution when purchasing and consuming food products, including checking for allergens and storage requirements.
• Disputes regarding orders, product quality, or non-delivery should first be directed to the Seller. If unresolved, contact us at CollectiveCropTeam@gmail.com and we will make reasonable efforts to assist.

8. Refunds and Returns

Because CollectiveCrop is a marketplace platform connecting Buyers directly with Sellers, refund and return policies are primarily governed by the individual Seller's terms, which must be clearly disclosed in their listings.

• Buyers should review each Seller's refund and return policy before placing an order.
• Any platform fees charged by CollectiveCrop are non-refundable unless otherwise required by applicable law.
• CollectiveCrop is not obligated to issue refunds for disputes between Buyers and Sellers. However, we may, at our sole discretion, mediate disputes and facilitate resolution.
• If a Seller's product is materially different from what was described, Buyers may contact us at CollectiveCropTeam@gmail.com to request review of the situation.

9. Prohibited Uses

You may not use CollectiveCrop to:

• List, sell, or purchase any product that is illegal, unsafe, uninspected (where inspection is legally required), or regulated beyond the scope of our platform.
• Misrepresent product certifications, origin, ingredients, or food safety compliance.
• Engage in fraud, deception, or any deceptive trade practices.
• Spam, harass, threaten, or abuse other users or our team.
• Scrape, crawl, or systematically extract data from the platform without our prior written permission.
• Attempt to gain unauthorized access to any account, system, or data.
• Circumvent or attempt to circumvent any security, fraud prevention, or access control measure.
• Impersonate CollectiveCrop, our team, or any other user or entity.
• Use the platform to transmit viruses, malware, or other harmful code.
• Use the platform in any way that violates applicable federal, state, or local law or regulation.

Violation of these prohibited uses may result in immediate suspension or termination of your account and may be reported to appropriate law enforcement or regulatory authorities.

10. Intellectual Property

All content on CollectiveCrop — including the name, logo, design, text, graphics, blog content, and software — is owned by or licensed to CollectiveCrop LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

By submitting content to CollectiveCrop (including seller listings, product images, descriptions, reviews, or feedback), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute that content in connection with operating and promoting the platform.

You represent and warrant that you own or have all necessary rights to submit any content you provide, and that it does not infringe the intellectual property or other rights of any third party.

Copyright Infringement (DMCA Notice and Takedown)

CollectiveCrop respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to clear notices of alleged copyright infringement.

If you believe that content on our platform infringes your copyright, please send a written notice to our designated agent at CollectiveCropTeam@gmail.com (subject line: "DMCA Notice") that includes:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the allegedly infringing material and its location on our site (URL).
• Your contact information, including name, address, telephone number, and email.
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We may remove or disable access to material alleged to be infringing and will, in appropriate circumstances, terminate the accounts of repeat infringers. Users who believe their content was removed in error may submit a counter-notice following the DMCA's requirements.

Misrepresentations in a DMCA notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f).

11. Feedback

We welcome your feedback and suggestions to improve CollectiveCrop. By submitting feedback, you grant us an irrevocable, royalty-free license to use that input in any manner without obligation or compensation to you, unless otherwise agreed in writing.

12. Termination

We reserve the right to suspend or terminate your access to the service, in whole or in part, at our sole discretion, with or without prior notice, if we believe you have violated these Terms, misused the platform, engaged in unlawful activity, or acted in a way that could harm CollectiveCrop, other users, or third parties.

Upon termination for cause, you will immediately lose access to your account, and we may remove your listings and associated content without obligation to provide copies. We are not liable to you or any third party for any termination taken in accordance with these Terms.

If we terminate your account for reasons unrelated to your breach, we will make reasonable efforts to give you advance notice and an opportunity to retrieve any content.

You may cancel your account at any time by contacting us at CollectiveCropTeam@gmail.com.

13. Disclaimer of Warranties

THE SERVICE AND ALL RELATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM LOSS OF DATA. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY PRODUCT LISTING OR SELLER INFORMATION. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLECTIVECROP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, HEALTH, PROPERTY, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CollectiveCrop is a marketplace platform. We are not responsible for the quality, safety, legality, or availability of products listed by Sellers, or for illness, injury, property damage, or any other harm arising from food products purchased through the platform. Transactions are between Buyers and Sellers directly.

Although we implement strong security measures, we cannot guarantee absolute protection from unauthorized access or data breaches. CollectiveCrop's total aggregate liability to you for any and all claims arising under these Terms shall not exceed the greater of (a) the amount you paid us in the twelve months prior to the claim, or (b) fifty U.S. dollars ($50.00).

15. Indemnification

You agree to indemnify, defend, and hold harmless CollectiveCrop and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the service; (b) your content, listings, or products; (c) your violation of these Terms; (d) your violation of applicable laws, including food safety and labeling laws; or (e) your violation of the rights of any third party, including Buyers or other Sellers.

CollectiveCrop reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with our defense of such claims.

16. Third-Party Services

CollectiveCrop uses third-party services including Google Analytics, Google reCAPTCHA, Mailgun, Microsoft Azure, and Sentry. Your use of the platform may be subject to those providers' terms. We are not responsible for their services, performance, outages, or policies. The availability of CollectiveCrop depends in part on these providers, and we are not liable for interruptions or changes caused by them.

17. Force Majeure

CollectiveCrop shall not be liable or responsible for delays, interruptions, or failures in performance caused by events beyond our reasonable control, including but not limited to acts of God, labor disputes, war, terrorism, internet or hosting failures, power outages, supply-chain disruptions, vendor failures or discontinuations, government actions, court orders, public health events, pandemics, or natural disasters. We will make reasonable efforts to notify users of significant disruptions when feasible.

18. Governing Law

These Terms and any dispute arising out of or related to them or the service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19. Dispute Resolution

If you have a concern or dispute regarding CollectiveCrop, we encourage you to contact us first at CollectiveCropTeam@gmail.com so we can try to resolve it informally and in good faith.

If a dispute cannot be resolved informally within 30 days, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Richmond, Virginia. You hereby consent to personal jurisdiction and venue in those courts and waive any objection to jurisdiction or venue therein.

Class Action Waiver: You agree to resolve disputes with CollectiveCrop on an individual basis only. You expressly waive any right to participate in class action lawsuits, class-wide arbitration, or any other representative or collective proceeding against CollectiveCrop.

20. Changes to These Terms

We may revise these Terms from time to time. We will post the updated Terms on this page with a revised effective date. For material changes, we will notify you via email (for newsletter subscribers) or a prominent notice on our website prior to the change taking effect. Your continued use of the service after the effective date constitutes your acceptance of the updated Terms. If you do not agree with updated Terms, you must stop using the service.

21. Communications and Consent

By providing your email address through our newsletter signup or contact form, you consent to receive service-related and promotional communications from us. You may opt out of promotional messages at any time by clicking the unsubscribe link in any email, or by contacting us at CollectiveCropTeam@gmail.com. You may still receive essential transactional or service-related messages even after opting out of marketing communications.

Consent to Electronic Records and Signatures (E-SIGN Act). By using our service, you consent to receive from CollectiveCrop LLC — and agree to transact with us through — electronic records, communications, disclosures, and signatures. This includes these Terms, our Privacy Policy, any amendments, notices, and other documents we are legally required to provide. You have the right to withdraw this consent by contacting us at CollectiveCropTeam@gmail.com, but doing so may prevent you from using the service. You are responsible for maintaining a valid email address and hardware/software capable of receiving and viewing electronic records (a current web browser, PDF reader, and internet connection). You may request a paper copy of any electronic record by contacting us; we reserve the right to charge a reasonable fee for paper copies where permitted by law.

22. Miscellaneous

Survival. Provisions that by their nature should survive termination of these Terms — including intellectual property rights, warranty disclaimers, indemnity obligations, limitations of liability, governing law, dispute resolution, and this section — shall survive any termination or expiration.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Waiver. Our failure to enforce any provision of these Terms on one occasion does not constitute a waiver of our right to enforce it on any other occasion.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and CollectiveCrop regarding the service and supersede all prior or contemporaneous understandings, agreements, representations, or communications on the subject matter.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

23. Contact Us

If you have questions about these Terms of Service, contact us at:

• Entity: CollectiveCrop LLC
• Email: CollectiveCropTeam@gmail.com
• DMCA Notices: CollectiveCropTeam@gmail.com (subject: "DMCA Notice")
• Website: collectivecrop.com/contact

A postal mailing address for legal process or written correspondence is available upon request via email.

Related: Privacy Policy