DWT Farm Terms of Service

Effective Date: September 15, 2026 Last Updated: September 16, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and [LEGAL COMPANY NAME], doing business as DWT Farm (“DWT Farm,” “we,” “us,” or “our”), governing your access to and use of the DWT Farm website, mobile applications, marketplace, producer storefronts, APIs, communications, payment features, delivery-related features, and other products and services that link to these Terms (collectively, the “Service”).

DWT Farm operates an online marketplace designed to help independent local food producers, including cottage-food producers and other eligible sellers (“Producers”), offer food and related products to customers (“Customers”).

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, CLICKING A BUTTON INDICATING ACCEPTANCE, LISTING A PRODUCT, PLACING AN ORDER, USING THE SERVICE, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

If you do not agree to these Terms, do not use the Service.

These Terms contain provisions affecting your legal rights, including disclaimers, limitations of liability, indemnification obligations, and, if applicable in your jurisdiction, an agreement to resolve certain disputes through individual arbitration rather than a jury trial or class action.

1. Definitions

For purposes of these Terms:

“Customer” means a person who browses, purchases, attempts to purchase, receives, or otherwise interacts with products offered through the Service.

“Producer” means an individual or entity that lists, advertises, manufactures, prepares, packages, offers, sells, delivers, or fulfills products through the Service.

“Product” means any food, beverage, ingredient, agricultural product, cottage-food product, or other item offered for sale through the Service.

“Order” means a purchase or attempted purchase initiated through the Service.

“User” means any person or entity accessing or using the Service, including Customers and Producers.

“User Content” means photographs, descriptions, business information, reviews, messages, logos, trademarks, recipes where submitted, product information, and other content submitted to the Service by a User.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to create an account, make purchases, or sell Products through DWT Farm.

If you use DWT Farm on behalf of a corporation, limited liability company, partnership, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

You may not use the Service if:

1. applicable law prohibits you from doing so;
2. your account has previously been permanently suspended or terminated by DWT Farm, unless we have expressly authorized your return;
3. you provide false identity information or impersonate another person or entity; or
4. your use of the Service would cause DWT Farm, another User, or a third party to violate applicable law.

3. The DWT Farm Marketplace

DWT Farm provides technology that facilitates transactions between Customers and independent Producers.

Unless expressly stated otherwise, DWT Farm does not manufacture, cook, prepare, package, inspect, store, handle, or independently verify the safety of Products offered by Producers.

Producers are independent businesses and are not employees, agents, franchisees, partners, joint venturers, or representatives of DWT Farm.

Nothing in these Terms gives a Producer authority to bind DWT Farm, make representations on DWT Farm’s behalf, incur obligations for DWT Farm, or represent that DWT Farm produced, inspected, certified, approved, or guaranteed the Producer’s Products.

A Producer remains responsible for the Products it offers through the Service, including their legality, safety, quality, preparation, packaging, labeling, storage, advertising, fulfillment, delivery, and conformity with the Producer’s listing.

DWT Farm may facilitate payments, refunds, communications, delivery arrangements, identity verification, compliance workflows, and other marketplace functions. Doing so does not transfer a Producer’s food-safety or regulatory obligations to DWT Farm.

Nothing in these Terms is intended to alter any merchant-of-record, tax, payment, consumer-protection, or similar responsibility imposed on a particular party by applicable law or the applicable payment arrangement.

4. Compliance With Laws

All Users must comply with all applicable federal, state, tribal, territorial, county, municipal, and local laws, ordinances, rules, regulations, administrative requirements, court orders, and government directives when using the Service.

You may not use DWT Farm to facilitate, encourage, conceal, or participate in illegal activity.

Each Producer specifically represents, warrants, and agrees that it will determine and comply with all laws applicable to:

• producing food from a residence or other facility;
• cottage-food operations;
• food establishment licensing;
• food-handler or food-safety training;
• business registration and licensing;
• zoning and home-occupation requirements;
• health department requirements;
• agricultural products;
• food preparation;
• sanitation;
• food storage;
• temperature control;
• transportation;
• packaging;
• labeling;
• allergen disclosures;
• ingredient disclosures;
• weight and measure requirements;
• nutrition or health claims;
• permitted and prohibited food categories;
• direct-to-consumer sales;
• internet sales;
• interstate and intrastate commerce;
• delivery;
• pickup;
• shipping;
• gross-sales limitations;
• sales taxes and other taxes;
• permits and inspections;
• recordkeeping;
• product recalls;
• consumer notices; and
• any other activity associated with the Producer’s business.

A Producer may not assume that a Product is lawful merely because DWT Farm technically permits the Producer to create a listing for it.

Availability of a feature or Product category on DWT Farm is not legal advice and is not a representation that using that feature or selling that Product is lawful in a Producer’s jurisdiction.

Where laws differ between jurisdictions, the Producer is responsible for determining which requirements apply to the transaction.

5. Cottage-Food Producer Responsibilities

If you operate under a cottage-food law, homemade-food law, home-bakery law, farm-direct law, or similar exemption or regulatory framework, you represent and warrant that you qualify for that framework and will continuously satisfy its requirements while selling through DWT Farm.

Without limiting Section 4, Producers must:

5.1 Required registrations and permits

Obtain and maintain all registrations, permits, licenses, certifications, exemptions, approvals, food-handler credentials, business licenses, or other governmental authorizations required for their operations.

5.2 Permitted Products

Offer only Products that the Producer is legally permitted to produce and sell.

If applicable law restricts cottage-food operations to specified categories of non-potentially hazardous, non-time/temperature-control-for-safety, shelf-stable, or otherwise approved foods, the Producer must comply with those restrictions.

5.3 Production location

Prepare Products only at locations authorized under applicable law and in accordance with applicable sanitation, household, pet, smoking, water-supply, sewage, equipment, storage, and food-handling requirements.

5.4 Sales channels

Use only legally permitted sales methods.

If a jurisdiction allows cottage-food sales only in person, only directly to consumers, only within a particular state, county, or locality, or otherwise restricts online ordering, shipping, resale, wholesale distribution, or third-party delivery, the Producer must configure and conduct its DWT Farm activities accordingly.

5.5 Sales limits

Monitor and comply with any annual or periodic gross-revenue or sales limits applicable to the Producer’s cottage-food operation.

DWT Farm does not guarantee that it will calculate or monitor those limits on the Producer’s behalf.

5.6 Required disclosures

Provide all disclosures required by law, including statements concerning home production, inspection status, permit status, ingredients, allergens, business identity, production location, or other required notices.

5.7 Ongoing eligibility

Immediately stop listing affected Products if the Producer ceases to qualify to sell them legally.

6. Producer Verification and Information

DWT Farm may require Producers to provide information or documentation including:

• legal name;
• business name;
• physical or mailing address;
• email address;
• telephone number;
• taxpayer information;
• government identification;
• business registration information;
• permits or licenses;
• food-handler certifications;
• cottage-food registration;
• banking or payout information;
• insurance information; and
• other information reasonably necessary to operate the marketplace or satisfy legal obligations.

Producers represent that all such information is accurate, current, authentic, and complete.

Producers authorize DWT Farm and its service providers to verify information supplied by the Producer using databases, documentation, government records where lawfully available, payment providers, identity-verification providers, or other reasonable methods.

Where applicable law requires DWT Farm to collect, verify, periodically reconfirm, or disclose information regarding a Producer, the Producer agrees to cooperate promptly.

DWT Farm may suspend sales, listings, payouts, or accounts when required information is missing, expired, unverifiable, apparently fraudulent, or legally required to be updated.

DWT Farm may disclose Producer identity or contact information to Customers or governmental authorities when required by applicable law.

7. Producer Listings

A Producer is responsible for every listing published through its account.

Each listing must be truthful, accurate, complete, current, and not misleading.

A Producer must accurately disclose, as applicable:

• Product name;
• Product description;
• photographs representative of the Product;
• price;
• quantity or net amount;
• ingredients;
• major allergens;
• relevant cross-contact information;
• storage requirements;
• expiration, use-by, or best-by information where applicable;
• preparation requirements;
• pickup or delivery availability;
• legally required cottage-food notices;
• Producer identity information required by law;
• material characteristics;
• applicable limitations or warnings; and
• any other information material to a reasonable Customer’s purchasing decision.

A Producer may not materially misrepresent the origin, composition, quantity, ingredients, freshness, production method, organic status, certification status, health effects, dietary characteristics, or safety of a Product.

8. Food Allergies and Ingredient Information

Food allergies can cause serious injury or death.

Producers are responsible for complying with applicable allergen-labeling requirements and for accurately identifying ingredients and legally required allergen information.

A Producer must not represent a Product as “allergen-free,” “gluten-free,” “nut-free,” or using similar terminology unless the representation is accurate and legally permissible.

Customers with food allergies, sensitivities, intolerances, celiac disease, or other dietary restrictions should carefully review Product information and communicate directly with the Producer when necessary before purchasing or consuming a Product.

DWT Farm does not independently test Products for allergens, ingredients, cross-contact, contamination, or dietary suitability.

Search filters, categories, badges, Producer statements, or similar marketplace features are informational conveniences and are not guarantees regarding the absence or presence of any ingredient or allergen.

If you have a severe or life-threatening allergy and cannot independently determine that a Product is suitable for you, you should not consume the Product.

9. Food Safety

Producers are solely responsible for safe food handling and for complying with all food-safety requirements applicable to their Products.

Producers must take reasonable measures to prevent contamination, adulteration, spoilage, pest exposure, unsafe temperatures, tampering, and cross-contact.

Products must not be offered or supplied if they:

• are adulterated or contaminated;
• are spoiled or unsafe;
• have been recalled;
• were prepared in violation of applicable law;
• have been stored or transported under unsafe conditions;
• contain unlawful ingredients;
• are materially different from their listing; or
• otherwise present an unreasonable risk to consumers.

A Producer must immediately discontinue distribution of a Product if the Producer knows or reasonably suspects that it may be unsafe.

10. Illnesses, Safety Incidents, and Recalls

A Producer must promptly notify DWT Farm at [FOOD SAFETY EMAIL] if the Producer becomes aware of:

• a suspected foodborne illness associated with a Product;
• contamination or possible contamination;
• an undeclared allergen;
• a material labeling error affecting safety;
• a governmental investigation;
• a warning, embargo, suspension, seizure, or enforcement action;
• a Product recall or market withdrawal; or
• another condition that may create a material health or safety risk.

The Producer must cooperate with DWT Farm, affected Customers, public-health authorities, regulators, payment providers, delivery providers, and other appropriate parties in investigating and addressing the incident.

DWT Farm may immediately remove listings, stop sales, notify Customers, cancel Orders, issue refunds, preserve records, restrict payouts, or suspend accounts when we reasonably believe those measures are appropriate for health, safety, fraud prevention, regulatory compliance, or legal compliance.

Where permitted by law, a Producer may be responsible for reasonable refunds, chargebacks, recall expenses, notification costs, or other amounts resulting from a safety incident attributable to that Producer or its Products.

11. Prohibited Products

Products may not be offered through DWT Farm when they are unlawful or prohibited by DWT Farm policy.

Unless expressly permitted by applicable law and specifically authorized by DWT Farm, prohibited Products include:

• illegal foods or ingredients;
• adulterated, contaminated, or recalled foods;
• foods the Producer is not authorized to make or sell;
• controlled substances;
• marijuana or marijuana-derived products;
• unlawful THC products;
• products containing unlawfully marketed intoxicating substances;
• tobacco or nicotine products;
• alcoholic beverages;
• prescription drugs;
• products marketed using unlawful disease-treatment or medical claims;
• counterfeit products;
• stolen goods; and
• any other item DWT Farm reasonably determines creates an unacceptable legal, safety, fraud, or marketplace risk.

DWT Farm may establish additional Product restrictions at any time.

12. Customer Responsibilities

Customers agree to:

• provide accurate contact, payment, delivery, and pickup information;
• pay amounts validly charged for Orders;
• comply with pickup and delivery instructions;
• inspect Products promptly upon receipt;
• follow reasonable storage, refrigeration, reheating, or preparation instructions;
• not misuse, resell, or distribute Products in violation of law;
• not make fraudulent refund, chargeback, or safety claims;
• not harass or threaten Producers, delivery personnel, or other Users; and
• comply with all applicable laws.

Customers are responsible for determining whether a Product is suitable for their personal dietary needs.

13. Accounts and Account Security

You must provide accurate and complete information when creating or maintaining an account.

You are responsible for maintaining the confidentiality of your credentials and for activities conducted through your account, except to the extent applicable law provides otherwise.

You may not:

• share credentials with unauthorized persons;
• sell or transfer an account without permission;
• create accounts using false information;
• impersonate another person;
• circumvent an account suspension;
• access another User’s account without authorization; or
• attempt to defeat authentication or security controls.

Notify us promptly at [SECURITY EMAIL] if you believe your account has been compromised.

14. Orders and Formation of Sale

Product listings constitute invitations for Customers to submit Orders unless applicable law provides otherwise.

An Order may be subject to acceptance, Product availability, Producer availability, payment authorization, fraud screening, fulfillment availability, geographic restrictions, or regulatory restrictions.

DWT Farm may decline or cancel an Order when reasonably necessary because of:

• Product unavailability;
• pricing or listing errors;
• suspected fraud;
• payment failure;
• safety concerns;
• legal restrictions;
• inability to fulfill the requested delivery or pickup method; or
• violation of these Terms.

To the extent permitted by the applicable marketplace and payment structure, the Producer remains responsible for supplying Products purchased from that Producer.

15. Prices

Producers are responsible for establishing lawful Product prices unless DWT Farm expressly provides otherwise.

Prices displayed through the Service may include or exclude applicable taxes, fees, delivery charges, gratuities, or other amounts as disclosed during checkout.

Producers may not engage in unlawful price discrimination, deceptive pricing, fictitious discounts, unlawful price gouging, or other prohibited pricing practices.

16. DWT Farm Fees

DWT Farm may charge Producers marketplace, transaction, service, subscription, payment, advertising, delivery-related, or other fees as disclosed through the Service.

Unless a different fee is disclosed to a Producer, DWT Farm’s standard marketplace commission is 10% of the applicable Product amount and applicable delivery fees subject to the marketplace commission.

DWT Farm does not calculate its marketplace commission on sales tax or similar transaction taxes collected from the Customer, unless expressly disclosed otherwise or required by law.

Third-party processing, dispute, refund, delivery, banking, or other charges may apply separately.

Applicable fees will be disclosed through the Service or Producer dashboard and may be deducted from amounts otherwise payable to a Producer where permitted.

DWT Farm may change fees prospectively by providing notice or updating applicable pricing information. Changes will not retroactively increase marketplace fees on completed transactions unless necessary to correct an error or comply with law.

17. Payments and Stripe

DWT Farm may use Stripe or other third-party payment providers to process transactions, maintain payment accounts, verify Producer information, facilitate payouts, process refunds, and provide related financial infrastructure.

A Producer may be required to establish or maintain a connected payment account and agree to the payment provider’s applicable agreements.

By enabling payments through DWT Farm, a Producer authorizes DWT Farm, to the extent necessary to provide the Service and permitted by applicable agreements and law, to:

• create or facilitate creation of a connected payment account;
• submit Producer information to the payment provider;
• access relevant connected-account information;
• instruct the payment provider regarding transactions, transfers, fees, refunds, disputes, and payouts;
• deduct DWT Farm fees where authorized;
• communicate account requirements;
• assist with account administration; and
• take other payment-related actions disclosed through the Service.

The Producer authorizes DWT Farm to share information with payment providers as described in our Privacy Policy and applicable payment-provider terms.

Payment providers may independently require identity, tax, banking, beneficial-ownership, or business information.

DWT Farm is not responsible for a payment provider’s independent acts, omissions, service interruptions, account restrictions, or legal compliance obligations except to the extent required by law.

18. Payouts to Producers

Payout availability may depend on payment-provider processing periods, verification, reserves, disputes, chargebacks, refunds, suspected fraud, legal obligations, and other circumstances.

DWT Farm may delay, withhold, offset, or reverse amounts when reasonably necessary to:

• process a refund;
• resolve a chargeback or dispute;
• address suspected fraud;
• correct an erroneous payment;
• cover amounts owed under these Terms;
• address reasonably anticipated liabilities;
• comply with a court order or government request;
• comply with payment-provider requirements; or
• comply with law.

Nothing in these Terms permits DWT Farm to retain funds where retention would violate applicable law.

19. Taxes

Users are responsible for their own tax obligations except where applicable law requires DWT Farm or another party to calculate, collect, remit, report, or withhold a tax.

Producers are responsible for providing accurate tax information and for determining and satisfying taxes, registrations, licenses, filings, and reporting obligations associated with their businesses.

DWT Farm may calculate, collect, remit, report, or withhold taxes where we determine that we are legally required or authorized to do so.

DWT Farm may issue tax forms or report transaction information to governmental authorities where required.

DWT Farm does not provide tax advice.

20. Customer Pickup

Where a Producer enables Customer pickup, the Producer must provide lawful and reasonably safe pickup instructions.

The Producer is responsible for determining whether home pickup or another proposed pickup location is permitted under applicable cottage-food, zoning, business, and other laws.

Customers must:

• arrive within the agreed pickup period;
• follow reasonable pickup instructions;
• respect private property;
• not enter nonpublic areas without permission;
• not threaten, harass, or disturb occupants; and
• promptly retrieve perishable Products.

DWT Farm is not responsible for the physical condition of a pickup location or conduct occurring at a Producer’s premises except to the extent required by law.

21. Producer Delivery

A Producer that elects to personally deliver Orders is responsible for lawful and safe delivery.

The Producer is responsible for:

• establishing lawful delivery areas;
• complying with cottage-food delivery restrictions;
• maintaining Products safely during transport;
• using appropriate temperature control where required;
• using legally operated and insured vehicles where applicable;
• charging lawful delivery fees;
• delivering to the agreed address; and
• complying with traffic and transportation laws.

Any delivery radius, schedule, or fee configured through DWT Farm is the Producer’s responsibility.

22. Third-Party Delivery

DWT Farm may permit fulfillment through third-party delivery providers, such as DoorDash or other providers.

Third-party delivery services are subject to availability and may also be governed by the provider’s own terms.

DWT Farm does not control every act or omission of independent third-party delivery providers.

Producers remain responsible for packaging Products appropriately for the selected delivery method and for complying with laws governing use of third-party delivery.

Customers are responsible for providing an accurate delivery address and reasonable delivery instructions.

Delivery estimates are estimates and are not guarantees unless expressly stated otherwise.

23. Cancellations, Refunds, and Returns

Cancellation and refund rights may vary depending on the Product, Producer, fulfillment stage, reason for the request, and applicable law.

Because food products may be perishable or unsafe to return after leaving a Producer’s control, physical returns may not always be available.

This does not limit any refund, replacement, cancellation, or other remedy required by applicable consumer-protection law.

DWT Farm may issue a full or partial refund, account credit, cancellation, or other adjustment where permitted under our policies.

A Customer should promptly report Products that are:

• missing;
• materially different from the listing;
• damaged;
• spoiled;
• apparently contaminated;
• unsafe;
• incorrectly fulfilled; or
• otherwise eligible for a remedy under applicable policy or law.

DWT Farm may request photographs, Product packaging, communications, or other reasonable information when evaluating a claim.

24. Chargebacks and Payment Disputes

Users may not knowingly initiate fraudulent, duplicative, or materially false chargebacks or payment disputes.

Producers agree to reasonably cooperate with legitimate payment disputes and provide records reasonably requested to respond to them.

DWT Farm may deduct amounts associated with refunds, disputes, chargebacks, penalties, or related costs from Producer balances where permitted under these Terms and applicable law.

25. Reviews and Ratings

DWT Farm may allow Customers to review Products or Producers.

Reviews must reflect the reviewer’s genuine experience and may not:

• be fabricated;
• falsely claim an experience that did not occur;
• impersonate another person;
• contain knowingly false statements of fact;
• be submitted in exchange for compensation conditioned on positive or negative sentiment;
• manipulate marketplace ratings;
• contain threats or unlawful harassment;
• disclose another person’s sensitive personal information without authorization; or
• otherwise violate applicable law.

Producers may not create fake Customer accounts, review their own businesses deceptively, purchase fabricated reviews, threaten Customers to remove legitimate negative reviews, or condition compensation on a required positive or negative review.

DWT Farm may moderate or remove reviews that violate these Terms or applicable law.

DWT Farm will not remove a review solely because it expresses a negative opinion, provided the review otherwise complies with applicable policies and law.

26. Communications Between Users

The Service may allow Users to communicate regarding Products, Orders, fulfillment, safety, or customer support.

Users may not use communications to:

• threaten or harass others;
• send unlawful or deceptive communications;
• distribute malware;
• obtain passwords or financial credentials through deception;
• conduct fraud;
• send illegal spam;
• solicit illegal activity; or
• misuse personal information.

DWT Farm may review or preserve communications where permitted by law for purposes such as customer support, fraud prevention, marketplace safety, dispute resolution, legal compliance, and enforcement of these Terms.

27. User Conduct

You may not:

1. violate any law through the Service;
2. infringe intellectual-property rights;
3. access the Service through unauthorized automated means;
4. scrape or harvest data in violation of law or our instructions;
5. interfere with Service operation;
6. introduce malware or malicious code;
7. bypass security or access controls;
8. test vulnerabilities without authorization;
9. manipulate search, ranking, reviews, sales statistics, or marketplace metrics deceptively;
10. use stolen payment credentials;
11. commit or facilitate fraud;
12. create misleading identities;
13. harass, stalk, threaten, or discriminate unlawfully against another User;
14. misuse another User’s personal information;
15. falsify compliance documentation;
16. conceal a legally relevant food-safety issue;
17. encourage another User to violate these Terms; or
18. use DWT Farm in a manner that creates an unreasonable safety, security, legal, or operational risk.

28. User Content

You retain ownership of User Content you own.

By submitting User Content to DWT Farm, you grant DWT Farm a worldwide, nonexclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, modify for formatting or technical purposes, distribute, display, communicate, and otherwise use the User Content as reasonably necessary to:

• operate the Service;
• display listings and storefronts;
• advertise or promote the Service or the Producer’s publicly listed Products;
• provide customer support;
• prevent fraud;
• improve marketplace functionality; and
• comply with legal obligations.

This license continues for as long as reasonably necessary to provide the Service and for legally required recordkeeping. Copies may remain in backups for a reasonable period.

You represent that you have all rights needed to submit User Content and grant this license.

You may not submit content that infringes copyright, trademark, privacy, publicity, or other rights.

29. DWT Farm Intellectual Property

The Service, including its software, design, text, graphics, logos, interface, databases, marketplace features, and other content provided by DWT Farm, is owned by or licensed to DWT Farm and is protected by applicable intellectual-property laws.

Subject to these Terms, DWT Farm grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Service for its intended purposes.

No rights are granted except those expressly stated in these Terms.

“DWT Farm,” associated logos, and other DWT Farm marks may not be used without our prior written permission except as permitted by law.

30. Copyright Complaints

If you believe content available through the Service infringes your copyright, you may send a notice to:

Copyright Agent: [NAME OR TITLE] Company: [LEGAL COMPANY NAME] Address: [ADDRESS] Email: [COPYRIGHT EMAIL]

Your notice should contain the information required by applicable copyright law.

DWT Farm may remove allegedly infringing material and may terminate accounts of repeat infringers in appropriate circumstances.

31. Privacy

Our collection and use of personal information is described in the DWT Farm Privacy Policy.

By using the Service, you acknowledge that your information may be processed as described in the Privacy Policy and as reasonably necessary to process Orders, facilitate payments, perform deliveries, prevent fraud, satisfy legal requirements, and operate the marketplace.

Producers acknowledge that they may receive Customer information solely as necessary to fulfill legitimate marketplace transactions.

A Producer may not use Customer personal information for unrelated marketing, sell Customer information, or otherwise use it in violation of applicable law or DWT Farm policies.

32. Electronic Communications

By creating an account or using the Service, you agree that DWT Farm may provide agreements, notices, receipts, disclosures, transaction information, and other communications electronically where permitted by law.

Electronic communications may include email, in-app messages, account notifications, push notifications, or other methods supported by the Service.

You are responsible for maintaining accurate contact information.

Where marketing communications require separate consent, these Terms do not eliminate that requirement.

33. Third-Party Services

The Service may integrate with services provided by third parties, including payment processors, mapping services, identity-verification providers, delivery services, cloud providers, communications providers, and other technology providers.

Third-party services may be governed by separate terms and privacy policies.

DWT Farm is not responsible for third-party services outside DWT Farm’s reasonable control, except to the extent applicable law provides otherwise.

34. Compliance Reviews and Investigations

DWT Farm may investigate suspected violations of these Terms, safety concerns, fraud, chargebacks, complaints, or legal requirements.

Users agree to reasonably cooperate with legitimate investigations.

DWT Farm may request supporting documentation concerning:

• permits;
• licenses;
• food-safety credentials;
• production methods;
• ingredients;
• labels;
• business identity;
• transactions;
• delivery;
• complaints;
• recalls;
• payment activity; or
• other information relevant to marketplace safety or compliance.

Failure to reasonably cooperate may result in listing restrictions, payout restrictions, account suspension, or termination where appropriate.

35. Marketplace Enforcement

DWT Farm may take reasonable action to protect Customers, Producers, DWT Farm, payment providers, delivery providers, or the public.

Depending on the circumstances, action may include:

• issuing a warning;
• requesting corrective action;
• removing a Product;
• restricting a Product category;
• canceling Orders;
• issuing refunds;
• restricting payments or payouts;
• requiring additional verification;
• temporarily suspending an account; or
• terminating an account.

DWT Farm may act immediately without prior notice when reasonably necessary because of an urgent health, safety, fraud, security, or legal risk.

Where appropriate, we may provide an opportunity to appeal an enforcement decision.

36. Government and Regulatory Cooperation

DWT Farm may preserve or disclose information where we reasonably believe disclosure is required by applicable law, subpoena, court order, legal process, regulatory requirement, or valid governmental demand.

We may also make disclosures permitted by law when reasonably necessary to investigate fraud, protect public health or safety, enforce our rights, or protect the rights and safety of Users or others.

Nothing in these Terms requires a User to waive a legal right to challenge an unlawful governmental request.

37. No Professional Advice

Information provided through DWT Farm regarding food laws, taxes, licensing, labeling, business operations, compliance, food safety, or similar subjects is provided for general informational purposes unless expressly stated otherwise.

DWT Farm does not provide legal, tax, medical, or other professional advice.

Producers are responsible for obtaining professional advice appropriate to their businesses.

38. No Guarantee of Producer Compliance

DWT Farm may collect Producer information or display information concerning permits, compliance, identity, or marketplace status.

Unless expressly stated otherwise, those features do not constitute a guarantee that:

• a Producer is currently compliant with every applicable law;
• a Product is legally permitted in every jurisdiction;
• a Product has been inspected;
• a Product is free of allergens or contaminants;
• a governmental authority has approved a Producer;
• a Product will meet a Customer’s expectations; or
• information supplied by a Producer will remain accurate after it is verified.

Customers remain responsible for exercising reasonable judgment when purchasing food from independent Producers.

39. Service Availability

We may modify, update, suspend, discontinue, or restrict all or part of the Service.

We do not guarantee uninterrupted, error-free, or continuously available Service.

Marketplace availability may be affected by maintenance, outages, third-party systems, network failures, weather, emergencies, government actions, delivery availability, or circumstances beyond our reasonable control.

40. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DWT FARM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DWT FARM DOES NOT WARRANT THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE;
• INFORMATION PROVIDED BY USERS IS ALWAYS ACCURATE;
• EVERY PRODUCER WILL COMPLY WITH APPLICABLE LAW;
• EVERY PRODUCT WILL BE SAFE OR SUITABLE FOR EVERY CUSTOMER;
• EVERY ORDER WILL BE ACCEPTED OR FULFILLED;
• DELIVERY WILL OCCUR AT A PARTICULAR TIME; OR
• THE SERVICE WILL BE FREE FROM ERRORS OR SECURITY VULNERABILITIES.

NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

41. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DWT FARM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DWT FARM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) $100; OR (B) THE AMOUNT OF FEES ACTUALLY PAID TO DWT FARM BY THE USER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and limitations in these Terms do not apply to the extent prohibited by law and do not exclude liability that cannot legally be excluded or limited.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

42. Producer Indemnification

To the maximum extent permitted by law, each Producer agrees to defend, indemnify, and hold harmless DWT Farm and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, damages, judgments, settlements, penalties, fines, liabilities, losses, and reasonable attorneys’ fees arising out of or relating to:

• the Producer’s Products;
• foodborne illness;
• contamination;
• allergens;
• mislabeling;
• Product defects;
• Product recalls;
• the Producer’s production, packaging, storage, transportation, delivery, or fulfillment;
• the Producer’s violation of applicable law;
• the Producer’s violation of these Terms;
• the Producer’s infringement of another person’s rights;
• inaccurate information supplied by the Producer;
• taxes for which the Producer is legally responsible; or
• the Producer’s negligence, fraud, willful misconduct, or unlawful activity.

DWT Farm will provide reasonable notice of an indemnified claim where practicable and will permit the Producer to participate in the defense, subject to DWT Farm’s right to protect its own interests.

A Producer may not settle a claim in a manner that admits wrongdoing by DWT Farm, imposes nonmonetary obligations on DWT Farm, or otherwise materially affects DWT Farm without DWT Farm’s written consent.

This Section does not require indemnification to the extent prohibited by law.

43. Customer Indemnification

To the maximum extent permitted by law, Customers agree to indemnify DWT Farm from third-party claims resulting from the Customer’s unlawful use of the Service, fraud, willful misconduct, infringement of another person’s rights, or material breach of these Terms.

This provision does not require a consumer to indemnify DWT Farm for DWT Farm’s own negligence or wrongdoing where such indemnification is prohibited by applicable law.

44. Release Regarding Other Users

To the maximum extent permitted by law, disputes concerning a Producer’s Product or another User’s conduct are principally between the affected Users, subject to DWT Farm’s obligations under applicable law and any marketplace protections we expressly provide.

Nothing in this Section waives claims a User may legally have against DWT Farm based on DWT Farm’s own acts or omissions.

45. Insurance

DWT Farm may require some or all Producers to maintain commercial general liability, product liability, automobile, workers’ compensation, or other insurance appropriate to their activities.

Where insurance is required, a Producer must maintain the required coverage and provide evidence of coverage upon request.

Whether or not DWT Farm requires insurance, Producers are responsible for determining what insurance is appropriate for their businesses.

DWT Farm’s decision not to require insurance is not a representation that insurance is unnecessary.

46. Suspension and Termination

You may stop using the Service at any time.

Subject to applicable law, DWT Farm may suspend or terminate access to the Service if we reasonably determine that:

• you materially breached these Terms;
• your activity presents a health or safety risk;
• your activity creates significant fraud or payment risk;
• you are no longer eligible to use the Service;
• continued service would violate law;
• a payment provider requires restriction;
• you repeatedly fail to fulfill Orders;
• required verification cannot be completed;
• you engage in abusive conduct; or
• suspension or termination is otherwise reasonably necessary to protect the Service or its Users.

Termination does not eliminate obligations arising before termination.

Provisions that by their nature should survive termination will survive, including provisions concerning payments owed, intellectual property, disclaimers, indemnification, limitations of liability, dispute resolution, and miscellaneous contractual provisions.

47. Effect of Producer Termination

When a Producer account terminates, DWT Farm may remove its storefront and listings.

The Producer remains responsible for outstanding Orders, refunds, recalls, disputes, chargebacks, taxes, legal obligations, and amounts owed unless DWT Farm expressly agrees otherwise.

We may retain records as required or permitted by law.

48. Changes to These Terms

We may amend these Terms from time to time.

If a change is material, we will provide notice as required by applicable law, which may include email, an account notice, or a prominent notice through the Service.

The revised Terms will state their effective date.

Changes will apply prospectively unless applicable law permits otherwise.

Where applicable law requires affirmative consent to a change, we will obtain that consent.

If you do not agree to revised Terms, you must stop using the affected Service.

49. Governing Law

Except where applicable consumer law provides otherwise, these Terms and disputes arising out of or relating to them will be governed by the laws of the State of [STATE], without regard to conflict-of-laws principles.

Nothing in this Section deprives a consumer of mandatory protections provided by the law of the consumer’s jurisdiction.

50. Informal Dispute Resolution

Before commencing arbitration or litigation, you and DWT Farm agree to make a good-faith effort to resolve the dispute informally, except for disputes eligible for immediate injunctive relief or where applicable law prohibits such a requirement.

A party initiating a dispute must send a written notice describing:

• the party’s name and contact information;
• the relevant account;
• the nature of the dispute;
• the relevant transaction or Order where applicable; and
• the relief requested.

Notices to DWT Farm must be sent to:

[LEGAL COMPANY NAME] Attn: Legal [LEGAL ADDRESS] [LEGAL EMAIL]

The parties will have 30 days after receipt of a complete notice to attempt informal resolution before initiating arbitration, unless the parties agree to extend that period.

51. Agreement to Arbitrate

IMPORTANT: THIS SECTION SHOULD BE REVIEWED BY COUNSEL FOR THE STATES IN WHICH DWT FARM OPERATES BEFORE PUBLICATION.

Except for claims expressly excluded below and except where prohibited by applicable law, you and DWT Farm agree that disputes arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the dispute and the parties involved, as modified by these Terms.

The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement to the extent applicable.

Arbitration may take place by video conference, telephone, written submissions, or in person as permitted by the applicable rules.

Nothing in this Section prevents either party from:

• bringing an eligible claim in small claims court;
• seeking temporary or preliminary injunctive relief where necessary to prevent imminent misuse of intellectual property, fraud, unauthorized system access, or similar irreparable harm; or
• exercising a statutory right that cannot lawfully be subjected to arbitration.

52. Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND DWT FARM KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE SUBJECT TO THE ARBITRATION AGREEMENT ABOVE.

53. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND DWT FARM AGREE THAT DISPUTES SUBJECT TO ARBITRATION WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

An arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.

If applicable law renders this waiver unenforceable for a particular claim or form of relief, the treatment of that claim will be determined under applicable law.

54. Arbitration Opt-Out

You may opt out of the arbitration agreement in Sections 51–53 by sending written notice within 30 days after first accepting these Terms.

The notice must include:

• your full name;
• the email address associated with your DWT Farm account;
• a clear statement that you are opting out of the arbitration agreement; and
• your signature, if required by applicable law.

Send the notice to:

[ARBITRATION OPT-OUT EMAIL OR ADDRESS]

Opting out of arbitration will not affect the other provisions of these Terms or your ability to use the Service.

55. Court Venue

For disputes not subject to arbitration, and except where applicable law allows or requires otherwise, you and DWT Farm consent to the exclusive jurisdiction of the state and federal courts located in [COUNTY, STATE].

56. Assignment

You may not assign or transfer these Terms or your account without DWT Farm’s prior written consent.

DWT Farm may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or transfer of the Service, subject to applicable law.

57. No Waiver

A party’s failure to enforce a provision of these Terms does not waive its right to enforce that provision later.

A waiver is effective only if made in writing by an authorized representative, except where applicable law provides otherwise.

58. Severability

If a provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect, unless doing so would materially defeat the parties’ agreement.

The arbitration provisions are also subject to any specific severability requirements stated within those provisions or imposed by applicable law.

59. No Third-Party Beneficiaries

Except where these Terms expressly provide otherwise, they do not create enforceable rights for anyone other than you and DWT Farm.

60. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms, policies, fee schedules, Producer requirements, refund policies, or other agreements expressly incorporated into them, constitute the agreement between you and DWT Farm concerning the Service.

If additional terms expressly applicable to a particular feature conflict with these Terms, the more specific terms will control with respect to that feature.

61. Force Majeure

DWT Farm will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including severe weather, natural disasters, epidemics, public-health emergencies, war, terrorism, civil unrest, labor disputes, governmental actions, power failures, internet failures, telecommunications failures, payment-network failures, cloud-service failures, or similar events, except to the extent applicable law provides otherwise.

62. Interpretation

Headings are provided for convenience and do not limit the meaning of these Terms.

Words such as “including” and “includes” mean “including without limitation” unless context clearly requires otherwise.

References to laws include amendments, replacements, implementing regulations, and successor provisions where appropriate.

63. Contact Information

Questions regarding these Terms may be sent to:

[email protected] [email protected] [email protected]

Producer Acknowledgment

By registering as a Producer or offering Products through DWT Farm, you specifically acknowledge and agree that:

1. You, not DWT Farm, are responsible for determining whether you may legally produce and sell each Product.
2. You will comply with all cottage-food, food-safety, licensing, permitting, labeling, allergen, tax, zoning, delivery, and other laws applicable to your business.
3. You will not sell anything through DWT Farm that is illegal, unsafe, adulterated, contaminated, recalled, falsely labeled, or otherwise prohibited.
4. You are responsible for the safety, quality, preparation, ingredients, labeling, packaging, storage, and fulfillment of your Products.
5. You will provide accurate information to DWT Farm, Customers, payment providers, and governmental authorities when legally required.
6. You will maintain any licenses, permits, registrations, certifications, exemptions, and insurance required for your business.
7. You will immediately stop selling a Product if you learn that selling it is unlawful or may create a material health or safety risk.
8. You will promptly report suspected foodborne illness, undeclared allergens, contamination, recalls, and other significant safety incidents.
9. DWT Farm’s acceptance of your account or Product listing does not constitute legal approval of your business or Products.
10. You are responsible for keeping yourself informed about changes to laws applicable to your business.

Customer Acknowledgment

By purchasing through DWT Farm, you acknowledge that Products may be produced by independent local food businesses, including businesses operating under cottage-food or similar laws.

You agree to review Product descriptions, ingredient and allergen information, storage instructions, and legally required notices before consuming a Product.

If you have a serious food allergy or dietary restriction, you understand that DWT Farm does not independently test Products or production facilities for allergens or cross-contact and that you should obtain sufficient information from the Producer before consuming a Product.

Your statutory consumer rights remain unaffected to the extent they cannot lawfully be waived.