Terms of Use
Effective Date: 01/01/2023
Last Updated: 02/06/2025
Welcome to Quapaw Farmers Market & Food Hub LLC (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your use of our website, www.quapawfarmersmarket.com (the “Website”).
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. [By accessing and using this Website, you agree to comply with and be bound by these Terms. If you do not agree to be bound by and comply with any part of these Terms, please do not access and use the Website.]
These Terms of Use may update from time to time. We may notify you of the changes by posting the modified Terms of Use on the Website. You should check this page regularly to see if any changes have been made to the Terms of Use. Your continued access and/or use of the Website following changes to the Terms of Use will be considered acceptance of the revised Terms of Use. You may not amend the Terms of Use.
We are committed to safeguarding the privacy of information you provide to us. Please carefully read our full Privacy Policy, also found on this Website at _____ . By providing information to us you warrant that all such information is accurate.
1. Sovereign Immunity
The Quapaw Nation is a federally recognized sovereign Native American tribe. Nothing in these Terms and Conditions shall be construed as a waiver of the sovereign immunity of the Quapaw Nation or any of its entities, including Quapaw Farmers Market & Food Hub LLC and Quapaw Nation Food Hub. Sovereign immunity is expressly preserved unless explicitly waived by an authorized representative in a written agreement.
2. Eligibility & Age Restriction
• This Website is intended for users 13 years of age or older.
• If you are under 18, you may use this Website only with the involvement and consent of a parent or guardian.
• Additional restrictions may apply to the use of some or all of our services described on this Website for users who are over the age of 13 as well.
• Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
3. Permitted Use
You may use this Website for personal, non-commercial, educational purposes only, including:
• Browsing educational content and resources.
• Submitting comments on articles or blog posts.
• Learning about the Quapaw Farmers Market and related programs.
On the condition that you comply with all terms, restrictions and limitations set forth in, and all of your obligations under, this Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable personal license and right to access and use the Website for the purposes set forth above. Any other use of the Website contrary to our mission and the purposes is strictly prohibited and a violation of this Terms of Use. We reserve all rights and remedies not expressly granted or described in this Terms of Use.
Unauthorized use of this Website is strictly prohibited. You may not engage in any activities which, in our sole discretion, constitute a misuse of this Website, including but not limited to:
• Data scraping, automated data collection, data corruption, or hacking attempts.
• Misrepresenting or attempting to misrepresent your identity or providing false information.
• Accessing or attempting to access any other user’s account.
4. Prohibited Activities
You must not engage in the following activities:
• Posting or submitting spam, hate speech, illegal, or defamatory content.
• Engaging in harassment or abusive behavior toward other users or the organization.
• Attempting to gain unauthorized access to the Website or its systems.
• Violating any applicable local, state, federal, or tribal laws.
• Committing or encouraging a criminal offense, or otherwise taking any action on or through the Website that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
• Transmitting or distributing a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, or in breach of confidence or in any way offensive or obscene.
• Causing annoyance to other users.
• Violating the rights of others, including infringing on any third party’s patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights, including, without limitation, causing copyrighted material to be placed on the Website without either the express permission of the copyright owner or another legal right to do so.
• Sending any unsolicited advertising or promotional material, commonly referred to as “spam”.
• Attempting to affect the performance or functionality of any computer facilities of ,or accessed through, the Website.
We reserve the right to remove any content that violates these Terms of Use or is otherwise unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material. We also reserve the right to restrict or terminate access to the Website for users who engage in any unauthorized or prohibited activities. We will also report and cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use.
5. User-Generated Content (Comments & Submissions)
• By submitting comments or other content to the Website, you:
o Grant Quapaw Farmers Market LLC a perpetual, royalty-free, and irrevocable license to use, modify, and display your content.
o Acknowledge that you are solely responsible for the content you submit and that it does not violate the rights of any third party.
o Agree that the Quapaw Nation and Quapaw Farmers Market & Food Hub LLC are not responsible for user-submitted content and thereby assume no liability for it.
We reserve the right to moderate, edit, or remove any user content at our sole discretion.
6. Intellectual Property & Ownership
All of the content elements displayed and/or downloadable on the Website, including photographic images, illustrations, graphic images, text, captions, logos, trademarks, video, audio-visual files, other audio and/or video material, digital files and software (collectively, the “Content”), and all of the features of the Website, including their designs, layout, look, appearance, trade dress, pages, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from the Website (together with the Content, collectively, the “Site Elements”) are the exclusive property of Quapaw Farmers Market LLC and are protected by copyright, trademark, trade dress and other applicable national and international laws.
Your access to or download of any Site Elements (whether or not such access or download was authorized) transfers no right, title or interest in or to such Site Elements or any intellectual property rights therein. All right, title and interest in and to such Site Elements shall remain the exclusive property of the Company. You may not copy, reproduce, distribute, create derivative works from, or exploit any Content from this Website without explicit written permission. The Company hereby expressly reserves all rights in relation to the Website, Content, and other Site Elements not expressly granted herein. You may not archive or retain any Content or other Site Elements without the express prior written consent of the Company, which consent may be conditioned or denied in the Company’s sole discretion.
The logo, trade name, and all word and design marks on the Website are trademarks of the Company or its affiliates. Use, reproduction, copying, or redistribution of such trademarks, without the written permission of the Company or its affiliates is prohibited.
7. Third-Party Links & External Content
• This Website may include links to external, third-party websites for educational purposes.
• That another website is linked to this Website does not constitute an endorsement by us of the owner of the other site or its products or services, or a guarantee by us of the accuracy and suitability of the content of the site.
• We are not responsible for the content, privacy policies, services, or practices of third-party websites.
• Use external links at your own risk.
• We encourage you to review any third party website’s terms of use and privacy policy, as those documents and the rules contained therein (and not our Terms of Use or Privacy Policy) are applicable to your use of those third party websites and any information they may collect.
8. Disclaimers & Limitation of Liability
• The information provided on this Website is for educational and informational purposes only.
• Use of any information on this Website is at your own risk.
• TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, AND OTHER SITE ELEMENTS.
• TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND/OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, managers, members, volunteers, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning your use of the Website; breach of this Terms of Use or violation of applicable law by you or any other user of the Website using the same with your consent; your information on the Website, including any claim involving alleged infringement or misappropriation of your information through the use, development, design, production, advertising, or marketing of your information; or a dispute between you and another user of the Website.
10. Dispute Resolution
• All disputes shall be resolved exclusively in the Quapaw Nation Tribal Court.
• Users agree to first attempt to resolve disputes through good-faith negotiations.
• If negotiations fail, disputes shall proceed to binding arbitration in accordance with tribal law, with the location of arbitration being Quapaw, Oklahoma.
11. Governing Law
These Terms are governed by the laws of the Quapaw Nation.
12. Contact Information
If you have any questions about these Terms, please contact us at:
• Email: contact@quapawfarmersmarket.com
• Address: 326 N Main St, Quapaw, OK 74363, United States