Terms of Use

This Site is operated by The Farmer-Owned Project, Inc. ("The Farmer-Owned Project," "we," "us"), a Delaware nonprofit corporation. We own and maintain the Certified Farmer-Owned Certification Standard (the "Standard") and the Certified Farmer-Owned certification mark.

Certified Farmer-Owned certifies one thing: the Business behind the Brand is verifiably owned and controlled by farmer(s). It certifies the ownership and control of the Business, not the product itself. It does not certify how food is grown, where it or its ingredients come from, ingredient provenance, animal welfare, environmental practice, food safety, organic status, nutritional quality, or government approval.

The program is live and the Standard is published. Where this Site describes plans rather than finished facts, we say so.

A few words are capitalized because they have one specific meaning, the same meaning they have in the Standard. Other capitalized words used here, such as Business, Brand, and Applicant, have the meanings given in the Standard.

• "Standard" means the Certified Farmer-Owned Certification Standard, which defines what the program certifies and who qualifies.
• "Certification Body" means the independent third party authorized by The Farmer-Owned Project to evaluate Applicants, make and issue certification decisions, and monitor Certified Entities.
• "Certification" means the formal confirmation, issued by the Certification Body, that a Business meets the Standard.
• "Certified Entity" means a Business that holds a current Certification.
• "Mark" means the Certified Farmer-Owned certification mark and associated seal authorized by The Farmer-Owned Project.
• "Certification and Mark License Agreement" means the agreement between The Farmer-Owned Project and a Certified Entity that authorizes use of the Mark and sets the terms of that use.
• "Trademark and Mark Usage Guide" means the published guide governing the form, placement, and permitted use of the Mark.
• "Donation Terms" means the terms that apply to a donation made through this Site, linked in Section 7.

You may use the Site for lawful purposes only. You must be at least 18 years old, or the age of majority where you live, to submit a form or make a donation. You agree not to:

• attempt to break, overload, probe, scrape at scale, or gain unauthorized access to the Site or its systems, or interfere with anyone else's use of it;
• submit false, misleading, or someone else's information, or impersonate any person or business;
• use the Site to harass anyone, send spam, or introduce malware;
• state or imply that you, your business, or any product is certified, endorsed by, or affiliated with The Farmer-Owned Project or the Certification Body when it is not; or
• use the Site in any way that breaks the law or these terms.

We may suspend or block access to the Site, and may decline or delete any submission, at our discretion and without notice, if we think these terms have been broken or the Site or its users are at risk.

Some links go to other sites, such as Stripe or a farm's own website. We do not control them and are not responsible for their content, availability, or practices. Your use of them is governed by their own terms.

The Register form on this Site collects your basic details so we can start a conversation. By submitting it you confirm that:

• the information is true and as complete as you can make it;
• you own, or are an officer of, the business, and you are authorized to register it;
• you agree to these terms and have read the Privacy Policy and the Confidentiality & Data Handling Policy; and
• you consent to us collecting your information and sharing what is needed with the Certification Body, as described in those policies.

Registering is not an application, not a promise of Certification, and not a promise that we or the Certification Body will contact you by any particular date. There is no fee to register. We may decline to follow up on a registration, for example if it looks like spam or the business is plainly outside the Standard. You can ask us to delete your registration at any time.

Please do not send us ownership documents, tax filings, financial statements, identity documents, or any other supporting documentation, through this Site, by email, or any other way. We do not want them, we do not take custody of them, and we may delete anything we receive without reviewing it. If you reach the full application, the Certification Body will tell you how to submit documents securely.

We are accepting farmer registrations only. Certification is decided through a separate process that begins when an independent Certification Body is appointed. The independent third-party Certification Body evaluates each Applicant against the published Standard and decides independently, under the written authority of The Farmer-Owned Project. Neither registering, nor donating, nor being recognized as a founding supporter guarantees Certification, gives any preference or priority, or influences any outcome. Certification cannot be bought.

Certification carries fees, separate from any donation. They are disclosed to every Applicant before the Applicant commits and are the same for every Applicant.

Before the Mark can be used, a Certified Entity must sign the Certification and Mark License Agreement, which will be signed electronically, and follow the Trademark and Mark Usage Guide. Certification decisions can be appealed under the Appeals and Disputes Process described in the Standard.

The Certified Farmer-Owned name, the Mark, the seal, and this Site's content, design, and software belong to The Farmer-Owned Project or are used with permission, and are protected by trademark, copyright, and other law. You may share links to the Site and quote small portions with attribution. You may not copy the Site, or use the name, the Mark, the seal, or any confusingly similar name, wording, or imagery, except as this Section allows.

Only a Certified Entity that has signed the Certification and Mark License Agreement may use the Mark, and only on the Brands, products, and materials the agreement approves. Nobody may use the name, the Mark, or the seal to suggest Certification, endorsement, or affiliation they have not been granted. Registering, donating, or being listed as a founding supporter does not give you the right to use the Mark. If you see misuse, please tell us at info@farmerownedproject.org.

If you send us feedback or suggestions, we may use them without owing you anything, and without crediting you. You keep ownership of the information you submit about yourself and your business, and you give us permission to use it to run the program as described in the Privacy Policy.

Donations are made through Stripe and are governed by the Donation Terms, which you are asked to accept at checkout. In summary: a donation supports the program; donors receive recognition and any thank-you gift of insubstantial value, as described in the Donation Terms; it is not equity, a loan, or a security; and it does not purchase Certification or any preference in Certification. We email a written acknowledgment of every donation.

The Farmer-Owned Project, Inc. has not yet received a determination from the IRS about its tax-exempt status, so we do not currently represent that donations are tax-deductible as charitable gifts. We intend to apply for recognition under Section 501(c)(3) and will write to every donor when the IRS decides. Please speak to your tax advisor about how a donation is treated for you.

By registering, subscribing, or donating you agree we may email you about the program, including notices about these terms. You can unsubscribe from updates at any time with the link in any email. We may still send messages that are required, such as acknowledgments and notices about your own submission.

The Site and its content are provided "as is" and "as available." We work to keep them accurate, but to the fullest extent the law allows we make no warranties of any kind, express or implied, including about accuracy, completeness, availability, fitness for a particular purpose, or that the Site will be uninterrupted or free of errors or harmful code. We do not promise any commercial result from registering, donating, or seeking Certification.

Statistics and third-party facts on this Site are cited to their sources, which you should consult directly. Nothing on this Site is legal, tax, accounting, or investment advice.

To the fullest extent the law allows, neither The Farmer-Owned Project nor its directors, officers, employees, volunteers, or agents will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Site, your registration, or these terms, however caused and even if we were told they might happen.

Our total liability for all claims arising out of or related to the Site, your registration, or these terms is limited to the greater of (a) the total amount you donated to us in the 12 months before the claim arose, or (b) US$100.

Some places do not allow certain limits, so some of this may not apply to you. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, gross negligence, or willful misconduct.

To the extent the law allows, you agree to defend and indemnify The Farmer-Owned Project and its directors, officers, employees, volunteers, and agents against claims, losses, and reasonable costs arising from information you submit that is false or that you had no right to submit, your breach of these terms, your misuse of the name or the Mark, or your violation of any law or third party's rights. We will tell you promptly about any such claim and will let you cooperate in the defense, and we may take part with our own counsel at our own cost.

These terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

Talk to us first. If you have feedback or concerns, write to info@farmerownedproject.org and give us 30 days to try to resolve it.

Binding arbitration. If we cannot resolve it, any dispute arising out of or related to the Site or these terms will be resolved by final and binding arbitration administered by the American Arbitration Association under its rules in effect when the claim is filed (its Consumer Arbitration Rules where you are an individual using the Site for personal purposes, and its Commercial Arbitration Rules otherwise). A single arbitrator will decide the dispute. The arbitration will take place in Wilmington, Delaware, or by video conference if you prefer, and fees and costs will be allocated as the American Arbitration Association's rules and applicable law provide. The arbitrator may award any relief a court could award to the claimant individually.

Individual claims only. To the fullest extent the law allows, each of us may bring claims only in our own individual capacity and not as a plaintiff or class member in any class, collective, or representative action. You and we each waive any right to a jury trial.

What is not covered. Either of us may bring an individual claim in small-claims court if it qualifies. We may also ask a court for an injunction or other urgent relief to stop actual or threatened misuse of the name, the Mark, the seal, or the Site, or to protect confidential information, without first going to arbitration.

Opting out. You may opt out of this arbitration section by emailing info@farmerownedproject.org within 30 days of first accepting these terms, stating that you opt out. If you opt out, disputes will be brought in the state or federal courts located in Delaware, and you and we consent to that venue.

If any part of this section is found unenforceable, the rest still applies, except that if the individual-claims requirement is found unenforceable for a particular claim, that claim will proceed in court and not in arbitration.

We may update these terms as the program grows. We will change the version date on this page, and where a change materially affects people who registered, we will tell them by email. A change applies from the date it is posted. Continuing to use the Site after a change means you accept it. If you do not agree to a change, stop using the Site.

You may stop using the Site at any time. We may suspend or end your access as described in Section 3. Sections that by their nature should continue, including those on the Mark, disclaimers, limits of liability, your responsibility, and dispute resolution, continue after your access ends.

These terms, together with the Privacy Policy, the Confidentiality & Data Handling Policy, and the Donation Terms where they apply, are the whole agreement between you and us about the Site. If a part is found unenforceable, the rest stays in effect. If we do not enforce a right right away, we have not given it up. You may not transfer your rights under these terms; we may transfer ours to a successor organization. Neither of us is responsible for delay or failure caused by events outside our reasonable control. You agree we may give you notices by email or by posting them on the Site.

Questions about these terms: info@farmerownedproject.org. The Farmer-Owned Project, Inc., 615 S College St, 9th Floor, Charlotte, NC 28202.