Grow With MAE, LLC (“MAE”, “Company,” “we,” or “us”) provides a domestic marketplace for agricultural entrepreneurs (each, an “Entrepreneur”) to showcase and sell their homemade and homegrown products (“Products”) via its customized landing page within the Service (“Marketplace”) to potential buyers within the United States (each, a “Shopper”).

These Terms are a legally binding contract between the Shopper (whether with or without a registered Shopper account with MAE) or the Entrepreneur (as applicable, “you”), and MAE. MAE is an Illinois corporation registered in the United States of America.

SECTION 10 (ARBITRATION AND CLASS ACTION LAWSUITS) OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, APPLICABLE TO ALL VISITORS TO OUR MARKETPLACE. THIS CLAUSE EFFECTIVELY STATES THAT YOU AGREE TO RESOLVE ANY DISPUTES WITH MAE EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, WITH ONLY LIMITED EXCEPTIONS. THIS MEANS YOU AND MAE ARE WAIVING THE RIGHT TO SUE IN COURT, HAVE A TRIAL BY JURY, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

MAE's Terms govern your rights and responsibilities when shopping for Products on www.maemarket.com or our apps, or participating in any additional services that MAE may offer (we'll refer to all of these collectively as our “Services”). It is important that you read this policy carefully to fully understand your responsibilities and obligations. MAE may monitor Entrepreneur's Marketplaces to verify all laws are being followed, however it is the responsibility of the Entrepreneurs to follow all laws and regulations regarding the production and sales of food and other edible Products as laws and regulations vary from state to state. If you are unsure of these regulations, please contact and consult with an attorney or other qualified legal expert.

Our rules really are quite simple. If you are using any of our Services (even just browsing one of our websites or apps), you're agreeing to these Terms. If you don't agree with these Terms, you may not use our Services. Got it? Now Let's Grow!

Section 1: MAE Policies

1. The purpose of MAE is community and connection. Our Services connect Entrepreneurs and Shoppers within the United States of America both online and offline to make, sell, and/or purchase Products offered by Entrepreneurs. Depending on if you use MAE as an Entrepreneur, a Shopper, or both, you are agreeing to all of our policies listed below, each of which is incorporated by reference into these Terms:
2. Our Entrepreneur Policy (“Entrepreneur Policy”) located here applies to individuals and businesses who are selling their goods and / or services within its Marketplace within the Services (e.g., Entrepreneurs).
3. Our Privacy Policy (“Privacy Policy”) located here. If you use our Services or participate in any of our Services as an unregistered guest, a registered guest, a Shopper, an Entrepreneur, or a third party (collectively referred to as “user” or “users”), in any capacity, this policy applies to you.
4. Our Anti-Harassment, Discrimination, and Hate Policy (“Anti-Harassment Policy”) located here. If you use our Services or participate in any of our Services as an unregistered guest, a registered guest, a Shopper, an Entrepreneur, or a third party (collectively referred to as “user” or “users”), in any capacity, this policy applies to you.
5. The success of the MAE Services is based on the success of our users. As a small business ourselves, we take the protection of intellectual property very seriously. All users are responsible for following our Intellectual Property Policy (“Intellectual Property Policy”) located here.

All of these individual policies are a part of our Terms of Use. It's important to read all of our terms but we highly encourage you to become most familiar with the ones that are relevant for you.

Section 2: Your Privacy

1. Your personal information is important to you, and it's important to MAE. Our Privacy Policy details how your information is collected, used, and shared when you use MAE Services. As a community of connection, it's important that you understand that to maximize your benefits on our platform some of the personal information you share with MAE will be shared with the community – that's how you all can connect.
2. Unless opting out pursuant to the Privacy Policy, by Using MAE Services, you're agreeing to us sharing that information as well as giving us the right so that we can process your information in the ways set out in the Privacy Policy. Please read that here.
3. As a Shopper, both MAE and our Entrepreneurs process your personal information (for example, buyer name, email address, and shipping address). MAE will make reasonable efforts to protect the privacy and personal information that is being processed, however, it is also the Entrepreneurs responsibility to monitor and protect the information of Shoppers as well. As an example, if an Entrepreneur accidentally discloses a Shopper's name and email address when fulfilling another Shopper's order, the Entrepreneur, not MAE, will be responsible for that unauthorized disclosure.
4. If, however, an Entrepreneur and MAE are found to be joint data controllers of a Shoppers' personal information, and if MAE is sued, fined, or otherwise incurs expenses because of something that you did, or failed to do, as a joint data controller of the Shopper's personal information, then you agree to defend and indemnify MAE as outlined in Section 8 (Indemnification) below.

Section 3: Your Account

Anyone can browse our Services, however, you'll need to create an account with MAE to use some of our Services. Here are a few rules about opening and maintaining accounts with MAE:

1. You must be 18 years or older to use our Services as a Shopper. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned and operated by a parent or legal guardian with their direct permission and under their supervision. Parents and legal guardians are responsible for any and all Shopper account activity conducted by a minor on your account.
2. We will be honest with you, and we expect you to be honest with us. Provide accurate information about yourself. It's prohibited to use false or misleading information, and against the law and these Terms to impersonate another person or company through your account.
3. Be Creative but Be Appropriate. We understand that Entrepreneurs have unique and clever names for your businesses, but the names that are associated with your Marketplace as an Entrepreneur must follow our Anti-Harassment Policy. In other words, they may not use language that is offensive, defamatory, or infringes on someone's intellectual property rights, or otherwise violates these Terms or any applicable law.
4. You are solely responsible for your account (Shopper or Entrepreneur) and any activity on your account. If you share your account with other people, then the person who has their financial information attached to the account is ultimately responsible for all activity. For Entrepreneurs, when registering as a business entity vs an individual, you are personally guaranteeing that you have the authority to agree to the Terms on behalf of the business.
5. Accounts are generally non-transferable. As an Entrepreneur, if you are to sell your business, your Entrepreneur account may transfer through updating account ownership. If you need additional support you can reach out to support@growwithmae.com for assistance.
6. Protect your password, your business, and your likeness. We will say it again, you are solely responsible for any activity on your account, so it's important to keep your account and its password secure.
7. Please remember that creating an account with MAE does not create any agency, partnership, joint venture, employment, or franchisee relationship between you (as an Entrepreneur or a Shopper) and MAE.

Section 4: Your Content

All images, descriptions, and other information that you post using our Services (collectively, “Content”) is owned by you. We don't make any claim to it, which includes anything you post using our Services including your business name, profile picture, listing photos, listing descriptions, reviews, comments, videos, etc. So let's talk about your Content:

1. You understand and acknowledge that you are solely responsible for your Content. You represent that you have all the necessary rights to all parts of your Content and that you are not infringing or violating any third party's rights by posting it on any MAE Marketplace.
2. MAE believes that the best way to grow your business is by providing a delightful customer experience. Outside of providing a delightful experience, Shopper reviews are the best and easiest way to build your reputation on the Services. All Shoppers will be able to provide one (1) review per purchase that includes a rating and allows for a photo or video to be uploaded within 45 days of their purchase. Shoppers can edit their reviews at any time within 100 days of the posted date, and can delete reviews at any time. In the event of a negative review, Entrepreneurs may publicly respond to the review or message the Shopper directly through the Service. All responses or messages must comply with our Anti-Harassment policy. MAE reserves the right to remove any Content, including a review or response that we deem to be a fake review, inappropriate in nature, in violation of our Privacy Policy or the Terms.
3. By posting your Content on our Services, and on any Marketplace, you are granting and authorizing MAE, and, in MAE's sole discretion, MAE's third party partners, a license to use it. While we don't claim any ownership of your Content, we do have your permission to use it to help MAE operate and grow, and to promote your Products on the Services. As an example, Entrepreneur's posting Content to a Marketplace are granting us the right to use it to promote its Products to our Shoppers through the Service. We may even reference your Product or other product listings on MAE's home page in the Service or on one of our social media platforms.
4. After you post your Content to MAE, you are granting us the right and permission to MAE and, in MAE's sole discretion, third parties, a non-exclusive, global, royalty-free, fully-paid up, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content. This will allow MAE to provide our Services and to promote MAE, your MAE Marketplace, and other marketplaces and listings, in any formats through any channels, including across any of our partners or third-party websites or advertising channels. You agree not to assert any moral rights or rights of publicity against us for using your Content. While this seems like a lot of information, it's necessary to keep MAE and our marketplace growing. So simply put, if an Entrepreneur uploads a photo or any listing within its MAE Marketplace, MAE has permission to display the photo or listing to Shoppers, and we can edit, enhance, or modify it so it looks good to our community through other forums (mobile for example). As a user, MAE can feature your posts in our blogs, or on our social platforms, or on any advertising channel selected – mailers, email campaigns, billboards, and more.
5. MAE has a great respect for entrepreneurs, creators, and builders. We are committed to protecting everyone's intellectual property rights and ensure we follow the appropriate legal procedures to remove any Content that infringes on these rights through the use of our Services. If you believe that content you own, or have rights to, have been unlawfully posted on our platform without your permission, you should email support@growwithmae.com.
6. If a user of a Marketplace posts Content that is alleged to infringe on another person or business' intellectual property or right, MAE will take appropriate action to disable and remove that Content to ensure compliance with our Intellectual Property Policy. If a user of our Marketplace becomes a repeat offender, MAE has the right to disable and terminate that user's account.
7. As a user of our Marketplace, you are agreeing to not post inappropriate, misleading, or false information. All posts must follow our Anti-Harassment Policy, and Entrepreneur's must comply with our Entrepreneur policy. Repeat violations of any of these Terms may be subject to account disablement and termination at your cost.

Section 5: Using the MAE Platform & Services

By using the Services, we are granting you a limited, non-exclusive, non-transferrable, and revocable license to use our Services.

1. Shopper agrees that its order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us, and we may choose not to accept orders at our sole discretion, even after we send you confirmation of your order and details of the Products ordered. All orders accepted by us are final.
2. Shopper agrees that it is buying Products for its own personal or household use only, and not for resale or export. You agree that all purchases are for final delivery to locations within the United States and to pay the MAEtenance fee for each transaction set forth in the current Fee Schedule located here.
3. All prices, discounts, and promotions for Products offered through the Services are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless indicated otherwise, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
4. Terms of payment are within our sole discretion and payment must be received by us before a Shopper's order can be accepted. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company; (iv) you allow us to reimburse through your credit card on file if you make any overpayments; and (v) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted in the Service at the time of your order.
5. You are not allowed to use our systems to violate the law. The “law” refers to any local, state, or federal law that applies to you and your usage. As a user, we offer a platform that connects Shoppers with Entrepreneurs, but it is the Entrepreneur's responsibility to obtain any permits and / or licenses that your business requires. This includes but is not limited to the creation, sale, and delivery of Entrepreneur's Products, and any age verification that your Product requires upon ownership / delivery transfer. Entrepreneurs are not allowed to sell anything that violates the law. Entrepreneur's must follow our What Can't Be Sold terms in the  Entrepreneur Policy.
6. Accepting these Terms of Use means that you will not engage in misleading or fraudulent activity including false claims or infringement, theft, threatening conduct, or any other unlawful acts against MAE, another user of the Services, or a third-party affiliate of MAE.
7. When using our Services, you agree you won't try to harm our systems or infringe or misappropriate our intellectual property. This is simple – you are agreeing that you will not violate any of MAE's rights, including its intellectual property rights.
8. Talk to us and provide us feedback. MAE will use electronic communication to communicate with all users of the Services. Agreeing to our Terms means that you'll monitor our online communications and that your electronic signatures are the same as a physical signature. We also want you to communicate with us – let's build our marketplace together. Any ideas, suggestions, or materials you share with MAE (collectively, “Feedback”), a user of our team, or another affiliate will be considered non-confidential and non-proprietary to you. Your suggestions are simply that – a suggestion – and you hereby assign all your rights in and to such Feedback to MAE, and MAE may use and publish such Feedback for any purpose without compensation to you.
9. Entrepreneurs are responsible for ensuring its Products are appropriately produced as well all packaging and shipping any Products purchased by Shoppers through the Services. While certain food Products that are dried, vacuum packaged, fresh sealed, or shelf-stable can be safely shipped in the mail, we encourage Entrepreneurs to familiarize themselves with MAE's recommended best practices for shipping.

Section 6: Termination - What Happens When We Part Ways

Although we'd hate to see it, you can terminate your account or marketspace with MAE at any time through your account settings. When your account is terminated, some of your Content, such as photos, product descriptions, ratings, and more may show up on the Services or MAE's social media accounts from time-to-time. Your account will not be officially terminated until your account balance is fully-paid up and your subscription has expired.

It's important that you understand that you have no contractual or legal right to use our Services by simply creating an account or launching a Marketplace. Therefore, MAE might terminate or suspend your account or Marketplace, or any part of your Content, if we believe that you, your business, or your Content is in violation of our Terms. We will do our best to notify you of your termination or suspension, however, if you are a repeat offender or we have a legal / regulatory reason that prevents MAE from notifying you, you may not be contacted directly. We don't want to terminate or suspend any of our Shoppers or Entrepreneurs, so get familiar with these Terms and let's build something great together!

MAE might discontinue our Services at any time and reserves the right to change, suspend, or discontinue any of the Services that you, your business, or any Shopper or Entrepreneur, uses at any time and for any reason. MAE is not responsible or liable for the effect that any changes to our Services may have on you or your business, including your loss of income or inability to generate additional revenue through the Services.

There are a few other important key points: Our Terms will remain in effect even after your access to our Services are terminated, or your use of our Services ends. If your account or Marketplace is terminated, you may lose any information or Content associated with your account.

Section 7: Warranties and Limited Liability (All the Things You Can't Sue MAE For)

Items Shoppers Purchase from Entrepreneurs. Shoppers acknowledge that MAE does not manufacture, store, or inspect any of the Products offered for sale through our Services or Platform. We provide the online venue via our Services; the Products in each Entrepreneur's Marketplace are produced, listed, and sold directly by Entrepreneurs, which are independent entities, so MAE cannot and does not make any warranties about the quality, safety, authenticity, or their legality of any Product sold through the Services. Any legal claim related to a Product you purchase must be brought directly against the Entrepreneur of the Product(s) purchased. You hereby release MAE from any claims related to Products sold through our Services, including for defective Products, spoiled Products, misrepresentations by Entrepreneurs, or Products that caused physical harm or injury (like product liability claims).

Content You Access in Our Marketplace. You may come across materials that you find offensive or inappropriate while using our Services or Platform. We make no representations concerning any Content posted by Shoppers or Entrepreneurs on the Services. MAE is not responsible for the accuracy, copyright compliance, legality, or decency of Content posted by any Entrepreneur or Shopper that you access through the Services. You release MAE from all liability relating to that Content.

People You Interact Within Our Community. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen Shoppers or Entrepreneurs other than to meet certain compliance and legal obligations. By using our Services, you release us from all liability relating to your interactions with other Shoppers and Entrepreneurs. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don't own or control (E.g., links to Facebook or Instagram). You may also need to use a third party's product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. MAE is not a party to those agreements; they are solely between you and the third party.

WARRANTIES. MAE IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE'RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, GROW WITH MAE, LLC, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL MAE'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100 OR (B) THE AMOUNT YOU PAID MAE IN PLATFORM FEES IN THE PAST 6 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Section 8: Indemnification (aka What Happens if an Entrepreneur Gets MAE Sued)

Although we hope this will never happen, we understand that all things are possible. If MAE is sued or receives a claim, notice, allegation, or demand because of something that you did, or failed to do, you agree to defend and indemnify MAE. This means that without limitations, you will defend, reimburse, compensate, and ensure that MAE (and any of our owners, officers, directors, employees, agents, and affiliates) are found harmless from any allegation, claim demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys' fees) that arise from your actions (or inactions), your use (or misuse) of MAE Services, your breach of these Terms, Content you provide, Products that you make, sell, or purchase through the Services, and/or your actual or alleged violation of any law or third party's rights. MAE reserves the right to handle its own defense however we see fit. Even with you indemnifying us, you agree to cooperate with us so we can execute our legal strategy.

Section 9: Disputes Between Users

It is not MAE's responsibility, nor do we have any obligation to resolve or to assist in resolving any disputes between Shoppers and Entrepreneurs. We encourage all Shoppers and Entrepreneurs, if they find themselves in a dispute with another Shopper, Entrepreneur, or a third-party affiliate of MAE to contact that party directly and try to resolve the dispute amicably.

If a Shopper and/or Entrepreneur finds themselves in a dispute related to a transaction through the Service and they are unable resolve the dispute themselves, they can reach out to help@growwithmae.com, and MAE will make an attempt to resolve the dispute in good faith. What we will not do is make judgments or determinations regarding legal issues or claims as MAE has no obligation to resolve or assist in resolving any disputes between Entrepreneurs or Shoppers and any third parties. With agreeing to our Terms, you are releasing MAE from any liability, claims, demands, and / or damages that arise out of your dispute with other Shoppers or Entrepreneurs, or any third parties.

Section 10: Arbitration and Class Action Lawsuits

These Terms will be governed by and interpreted in accordance with the laws of the State of Illinois, without giving effect to its principles of conflicts of law. You hereby agree that any dispute, controversy, or claim arising out of or relating to these Terms (“Dispute”) shall be submitted to mandatory final and binding arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. The arbitration shall take place exclusively before a panel of three (3) arbitrators sitting in Lake County, Illinois (the “Tribunal”). The language of the arbitration shall be English. The arbitrators are bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. You agree to arbitrate solely on an individual basis and waive the right to arbitrate any Dispute as a class action, either as a member or a representative thereof. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. You agree to arbitrate any Dispute solely on an individual basis. The arbitrator(s) shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.

Section 11: Changes to the Terms and Other Policies

MAE might update these Terms and our other policies from time to time, including adding new terms and policies, or deleting or removing existing terms or policies. This is a natural part of MAE's growth. All material changes will be shared in advance (e.g., email) with users of the Service prior to their effective date. Your continued use of our Services and Platform after the effective date of these changes constitutes your acceptance of our updated Terms. If you do not agree with our updated Terms, Policies, or changes, you may close your account.

Section 12: Acts Beyond Our Reasonable Control

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Section 13: A Few Final (Legal) Things

These Terms, including all MAE policies that make up our Terms of Use, supersede any other agreement between you or your business and MAE relating to the use of our Services. Except as expressly stated in Section 10 (Arbitration and Class Action Suits) if any part of these Terms are to be found invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the other provisions of these Terms will otherwise remain in full force and effect. MAE's failure to enforce any part of our Terms is not a waiver of our right to later enforce that or any other part of these Terms.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent, as determined in our sole discretion. Any purported assignment or delegation in violation of the preceding sentence is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and MAE.

If you have any questions about the Terms, please email us at  hello@growwithmae.com.