DRAFT – counsel review
Terms of Use
Last updated: [DATE OF COUNSEL APPROVAL]. Draft prepared October 7, 2026.
These Terms of Use ("Terms") govern your use of CropListing.com and related services (the "Service"), operated by [LEGAL ENTITY] ("CropListing," "we," "us"), [BUSINESS ADDRESS]. By creating an account, posting a listing or sending an inquiry, you agree to these Terms and our Privacy Policy.
1. What CropListing is
CropListing is an online venue where agricultural producers ("Farmers") list crops and other farm products, and buyers, packers, processors, exporters and others ("Buyers") contact them. We are not a party to any transaction. We do not buy, sell, take title to, possess, inspect, grade, store, transport or guarantee any product, and we do not hold or process payments. We are not a commission merchant, dealer, broker or agent under the Perishable Agricultural Commodities Act (PACA) or any other law. [COUNSEL: confirm PACA position, especially if fees or escrow are added.]
2. Accounts and eligibility
You must be at least 18 and able to form a binding contract. You must give accurate information and keep your password confidential. You're responsible for activity under your account. We may suspend or remove accounts or listings that break these Terms or that we reasonably believe are fraudulent, unlawful or harmful.
3. Plans and fees
Farmer accounts are free during launch under the Founding Farmer membership: free for 2 years. We may introduce optional paid plans or transaction-based fees later. We will give you notice before any fee applies, and you will not be charged unless you choose a paid plan or service. [PLACEHOLDER: final launch offer and fee policy.]
4. Listings
- You may list only products you own or are authorized to sell, and descriptions (crop, variety, quantity, grade, certifications, availability, location, price) must be accurate and not misleading.
- Organic claims must comply with the USDA National Organic Program (7 CFR Part 205). Other certifications must be current. We may ask for proof and remove unverified claims.
- Prohibited: illegal, recalled or adulterated products; controlled substances; live animals [COUNSEL: confirm scope]; pesticides or restricted materials; spam, duplicate or bait listings; and listings intended to collect buyer contact information for other purposes.
- We may review, edit for format, reject, feature or remove listings at our discretion. Listings expire after their availability window.
- You grant us a non-exclusive, royalty-free license to host, display, reproduce and promote your listing content and photos on the Service and in marketing for the Service.
5. Inquiries and transactions
Inquiries are forwarded by email. Buyers and Farmers deal directly and are solely responsible for negotiating and performing any agreement, including price, quality, grade, food safety, inspection, payment, credit risk, title, delivery, freight, insurance, licensing (for example PACA licensing where required), taxes and regulatory compliance. Verify the other party before shipping product or sending money.
6. Market data and pricing guidance
Price benchmarks, county crop profiles and automated pricing guidance are based on public sources such as USDA AMS Market News, USDA NASS and state and county reports. They may be delayed, incomplete or inapplicable to your product. They are for general information only and are not an appraisal, offer, recommendation, or financial, legal or tax advice.
7. Communications
We send account and transactional emails (for example listing status and buyer inquiries). Calls (including AI-assisted or automated calls) and text messages are sent only with your separate, optional consent, as described in our Consent & TCPA Disclosure. You can opt out at any time.
8. Acceptable use
Don't scrape, harvest contact information from, overload, reverse engineer or interfere with the Service; impersonate anyone; send unsolicited commercial messages through the Service; or use it for unlawful purposes.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON'T WARRANT ANY LISTING, USER, PRODUCT OR DATA.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CROPLISTING WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSSES ARISING FROM TRANSACTIONS BETWEEN USERS. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF $100 OR THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. [COUNSEL REVIEW]
11. Indemnity
You will defend and indemnify CropListing against claims arising from your listings, your transactions with other users, or your breach of these Terms or applicable law.
12. Governing law and disputes
[PLACEHOLDER: governing law, venue, and whether to include an arbitration clause and class-action waiver, per counsel.]
13. Changes
We may update these Terms. We'll post the new version with its effective date and, for material changes, notify account holders by email. Continued use after the effective date means you accept the changes.
14. Contact
[LEGAL ENTITY], [BUSINESS ADDRESS]. Email: hello@croplisting.com. Phone: [SUPPORT PHONE].