TERMS & CONDITIONS:
FOR REGISTERED USERS OF THE OZARK FARMERS AGRICULTURAL
COOPERATIVE (OFAC) WEBSITE
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY
These Terms and Conditions ("Agreement") govern your use of the Ozark Farmers
Agricultural Cooperative ("OFAC") website (the “Site”) and the associated services
("Services"). By accessing or using the Site or Services, you confirm that you have
read, understood, and agree to abide by this Agreement, including any amendments
that may be made over time. You also agree to abide by all applicable policies, including
OFAC's Privacy Policy, which is incorporated into this Agreement by reference.
LEGAL AGREEMENT
By accessing this Site or using any of the Services, you enter into a legal agreement
with OFAC. If you do not agree with these terms, you must not access the Site or use
the Services.
The Services are intended for individuals and entities (e.g., cooperatives, associations,
and membership organizations) in the United States that are capable of forming legally
binding contracts. By using the Services, you confirm that you have the legal capacity to
do so, either as an individual or as a representative of a legal entity that has authorized
you to use the Services.
Certain features of this Site may require registration as a user. By registering, you agree
to provide accurate information and keep it updated. You are responsible for maintaining
the confidentiality of your account details and for all activities that occur under your
account. If you suspect unauthorized use, you must notify OFAC immediately.
1. Modifications to Agreement
OFAC reserves the right to update, revise, or modify this Agreement at any time,
including adding new terms. Any changes will become effective upon notice, which may
be provided through posting on the Site. Continuing to use the Site after such notice
indicates your acceptance of the updated Agreement.
OFAC also reserves the right to modify or discontinue any Service at its sole discretion,
with or without notice. This includes removing or altering any content or services. OFAC
will not be liable for any changes, suspensions, or discontinuations of Services.
2. Account and Security Responsibilities
As a registered user, you are required to maintain accurate and current registration
information. You are solely responsible for keeping your account credentials
confidential. Any unauthorized use of your account must be reported to OFAC
immediately. You are also responsible for ensuring your devices are protected against
malware and viruses.
3. Acceptable Use of Services
Individual Use: You may use the Site for personal purposes only, and you are not
authorized to reproduce, distribute, or modify any content for commercial purposes
without express written permission from OFAC.
Security Violations: You must not attempt to breach the security of the Site or
Services, such as accessing unauthorized materials or attempting to exploit
vulnerabilities. Violations may result in legal action.
Accurate Information: When registering, you agree to provide accurate, truthful, and
current information. If OFAC suspects that your information is inaccurate or incomplete,
your account may be suspended or terminated.
Content Responsibility: You are responsible for the content you post on the Site. You
agree not to engage in any activities that involve fraud, impersonation, or transmitting
harmful, defamatory, or unlawful materials. The use of the Services for the distribution of
malware or to infringe on the rights of others is prohibited.
Intellectual Property: You agree not to post content that infringes on the intellectual
property rights of others. You must respect copyright laws and obtain proper permission
for any content you share that is not your own.
Ownership of Content: All content, materials, and software on the Site, including but
not limited to text, images, logos, and software, are the property of OFAC or its affiliates
and are protected by copyright and intellectual property laws. You may not use the
Services to download or resell content without permission.
4. Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws and
regulations regarding your use of the Site and Services. This includes compliance with
laws related to data exportation and any industry-specific regulations.
Termination of Service
OFAC may terminate your access to the Site at its discretion if your conduct violates the
terms of this Agreement or is deemed harmful to the Service or other users. You may
also face legal consequences for violating the terms of use.
For further inquiries or to report a violation of intellectual property rights, please contact
support at support@ozarkmarketplace.com.
5. Access to Certain Services
You acknowledge that some Services on this Site may include materials and information
provided by third parties. You understand and agree that OFAC has limited control over
such content. As a result, OFAC cannot guarantee the accuracy, appropriateness, or
non-offensiveness of the content found on this Site.
6. Electronic Signatures
As a courtesy, OFAC offers access to certain Services on this Site that may allow you to
enter into agreements electronically. By submitting information electronically, you
confirm your intent to be legally bound by these agreements. In accordance with
applicable laws, including the Electronic Signatures in Global and National Commerce
Act (E-Sign Act), you agree to use electronic signatures, contracts, applications, and
records for transactions initiated through this Site. Additionally, you waive any rights or
requirements under any laws that mandate original signatures or the retention of non-
electronic records, or that prohibit payments or credits through electronic means.
7. Disclaimer of Warranties
Your use of the Services is at your own risk. These Services are provided on an "as is"
and "as available" basis, without any warranties, whether express or implied. This
includes, but is not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement, or accuracy. OFAC does not guarantee
uninterrupted or error-free service, nor does it ensure that any defects will be corrected.
Furthermore, OFAC makes no guarantee that the information on this Site is appropriate
or available in your jurisdiction, and accessing it from jurisdictions where such content is
illegal is prohibited. Some jurisdictions do not permit the exclusion of implied warranties,
so these limitations may not apply to you.
8. Limitation of Liability
You expressly agree that OFAC will not be liable for any direct, indirect, incidental,
special, punitive, consequential, or exemplary damages arising from or related to your
use of the Services, including loss of profits, goodwill, data, or other intangible losses,
even if OFAC was advised of the possibility of such damages. If any part of this liability
limitation is found to be unenforceable, OFAC’s total liability will be limited to the greater
of (a) the amount you have paid to OFAC for the Services in the 12 months before the
claim, or (b) $500. This limitation applies to all liabilities, including those arising from
your inability to use the Site or Services. In jurisdictions that do not allow the exclusion
or limitation of liability for consequential or incidental damages, this limitation may not
apply. If you are a business in California, you waive the protection provided by California
Civil Code §1542.
9. Indemnity of OFAC
You agree to indemnify and hold harmless OFAC, including its agents, employees,
officers, directors, subsidiaries, parent companies, and affiliates, from any claims,
losses, damages, or liabilities, including reasonable attorneys’ fees, arising from (i) your
use or inability to use the Services; (ii) your violation of this Agreement; (iii) any
infringement of rights by you or someone using your account; or (iv) other activities
related to your use of the Site. This indemnity is in addition to other indemnifications you
may provide.
10. Order of Precedence
This Agreement governs your use of the Site and Services. It does not alter any other
agreements you have or will have with OFAC or its affiliates. If any terms of this
Agreement conflict with another agreement between you and OFAC, the terms of the
other agreement will take precedence with respect to the conflicting matter.
11. Dispute Resolution
If a dispute arises from this Agreement or the Services and cannot be resolved through
negotiation, it will be settled by binding arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules. The arbitration will take
place in West Plains, MO, unless the parties agree otherwise. The prevailing party is
entitled to reasonable attorneys' fees and costs. You agree that OFAC may seek interim
relief from a court to protect its rights during the arbitration process. All arbitration
proceedings will remain confidential.
12. Choice of Law and Forum
The Services are provided by OFAC from West Plains, MO, and any legal matters
relating to this Agreement or the Services will be governed by the laws of the State of
Missouri. Any disputes will be subject to the jurisdiction of the courts located in Howell
County, MO. Claims must be filed within one year from the date they arise, or they will
be forever barred.
13. Fees
You are responsible for paying all fees associated with your use of the Services. OFAC
may charge a late fee of 1.5% per month or the maximum allowable by law on overdue
balances. If you fail to pay, you may be responsible for collection costs, including
attorneys' fees. Third-party fees are governed by the terms between you and those third
parties.
14. Miscellaneous Terms
This Agreement represents the entire understanding between you and OFAC regarding
the Services. It supersedes any prior agreements but may be supplemented by other
agreements specific to certain Services. Failure by OFAC to enforce any term of this
Agreement does not constitute a waiver. If any provision is found to be invalid, the
remaining provisions will remain in effect. The section headings are for convenience
and do not have legal impact.
15. Severability of Provisions
If any provision of this Agreement is deemed unenforceable, it will be severed, and the
remaining provisions will remain in full force and effect.
16. Contact
For any questions regarding these terms or the content of our website, please contact
us at support@ozarkmarketplace.com.
Please note, the Services are not intended for use by minors. If you are under 16 years
of age or not legally an adult in your jurisdiction, you may not access the Site or use the
Services.
By accessing or using the Services after registering or clicking "Submit" or "Accept," you
indicate that you have read, understood, and agree to be legally bound by this
Agreement and all related terms and conditions.
Vendor Requirements:
1. Vendors must be active members of Ozark Farmers Agricultural Cooperative in
good standing.
2. Products offered must be locally produced and fall under agricultural or artisan
categories.
3. All products must comply with state, city, and federal laws, and may not include
prohibited items like illegal substances (e.g., cannabis or magic mushrooms).
4. All vendors must adhere to local and federal regulations for manufacturing or
preparing their products.
5. Resale items may be sold upon approval and must be sourced from the local
area.
6. All products will be reviewed by the website manager. Any violations will result in
the immediate removal of the product from the website without prior warning.