Terms of Service

Last Updated: January 7, 2025

1. Introduction and Acceptance of Terms

Welcome to The Market Manager ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of The Market Manager platform, website (https://www.themarketmanager.com), and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

2. Description of Services

The Market Manager is a farmers market management platform that provides the following services:

• Market Organization Tools: Tools for market managers to organize and manage farmers markets, events, and vendor assignments
• Vendor Management: Features for tracking vendor information, applications, permits, and participation
• Communication Services: SMS and email notifications for transactional and operational communications between market managers and vendors
• Sales Reporting: Tools for vendors to submit sales reports and for managers to track market performance
• Event Coordination: Scheduling, invitation, and coordination features for market sessions and events
• Data Analytics: Reporting and analytics tools for market performance, vendor metrics, and operational insights

The Service is designed to facilitate the efficient operation of farmers markets and similar vendor-based events.

3. User Accounts and Responsibilities

3.1 Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 User Types and Responsibilities

Market Managers are responsible for:

• Accurately representing their market organization and authority to manage it
• Complying with all applicable laws and regulations governing farmers markets in their jurisdiction
• Using vendor contact information only for legitimate market operations
• Ensuring communications sent through the Service are professional and necessary
• Maintaining accurate records of vendor participation and market activities
• Respecting vendor privacy and data protection requirements

Vendors are responsible for:

• Providing accurate contact information and business details
• Responding to market invitations and communications in a timely manner
• Submitting accurate and truthful sales reports
• Complying with all applicable health, safety, and business regulations
• Maintaining valid permits and licenses as required by their jurisdiction
• Honoring commitments made to participate in scheduled market sessions

3.3 Account Restrictions

You may not:

• Use another person's account without permission
• Create multiple accounts for the same entity to circumvent restrictions
• Share your account credentials with others
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers connected to the Service

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Request by you to close your account

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

4. Messaging and Communication Policy

4.1 SMS Messaging

The Service includes SMS messaging capabilities for transactional and operational communications. By providing your phone number, you consent to receive:

• Market session invitations and notifications
• Vendor assignment confirmations
• Payment and fee notifications
• Important operational updates
• System notifications related to your account

4.2 Message Types

All SMS messages sent through the Service are transactional in nature, meaning they:

• Facilitate scheduled market operations
• Provide necessary account or participation information
• Deliver time-sensitive operational updates
• Confirm actions or submissions

We do not send marketing or promotional SMS messages unless you have separately opted in to such communications.

4.3 Communication Guidelines

Users of the Service agree to:

• Use messaging features only for legitimate market operations
• Not send spam, harassment, or inappropriate content
• Comply with all applicable telecommunications regulations
• Respect opt-out requests and communication preferences

4.4 Opt-Out and Data Rates

You may opt out of SMS communications by:

• Contacting your market manager directly
• Updating your notification preferences in your account settings
• Replying STOP to any SMS message (where supported)

Standard message and data rates may apply to SMS communications sent through the Service. You are responsible for any charges imposed by your mobile carrier.

5. Payment and Subscription Terms

5.1 Pricing

Pricing for the Service is subject to change. We will provide notice of any pricing changes in advance. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.2 Billing

If you subscribe to a paid plan:

• You authorize us to charge your designated payment method
• Subscription fees are billed in advance on a recurring basis
• All fees are non-refundable except as required by law or as otherwise stated
• You are responsible for all applicable taxes

5.3 Late Payments and Suspension

Failure to pay fees when due may result in:

• Suspension of access to the Service
• Termination of your account
• Collection efforts, including reporting to credit agencies

6. Intellectual Property

The Service, including all content, features, functionality, software, and technology, is owned by The Market Manager and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, create derivative works, reverse engineer, or extract data from the Service using automated means.

7. Disclaimer of Warranties

8. Limitation of Liability

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States. Any legal action or proceeding shall be brought exclusively in the appropriate federal or state courts.

10. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

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By using The Market Manager, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.