Terms of Service

1. Who we are

Zilker Farmers Market is a program of Zilker Community Market, Inc. d.b.a. Zilker Farmers Market, a Texas nonprofit corporation ("ZCM," "we," "us," "our"). These Terms of Service ("Terms") govern your use of zilkermarket.org, the vendor portal at portal.zilkermarket.org, and any other website, form, or online service we operate (together, the "Site").

By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

2. What the Site does

The Site provides information about the market, accepts vendor applications, accepts donations, and collects email and mobile signups and survey responses. Market dates, hours, location, vendor lineup, and programming are subject to change or cancellation, including for weather, school-campus scheduling, or other reasons outside our control. We make no guarantee that any particular vendor, product, or activity will be present at any market.

3. Vendors and the vendor portal

Submitting a vendor application does not create any right to sell at the market. Applications are reviewed and accepted or declined at ZCM's discretion, consistent with our published Market Policy Manual.

If you receive vendor portal access, you agree to keep your login credentials confidential and to provide accurate, current information.

Electronic signatures. Vendor agreements, community partner agreements, and other documents may be signed electronically through Firma, our electronic signature provider. By signing a document electronically, you agree that your electronic signature has the same legal effect as a handwritten signature, that the electronically signed record satisfies any requirement that the agreement be in writing, and that you are able to access and retain a copy of what you signed. You may request a paper copy or sign on paper instead by contacting us at hello@zilkermarket.org.

Vendor participation in the market is governed by the Vendor Participation Agreement and the Market Policy Manual, not by these Terms. If anything in these Terms conflicts with either of those documents, the Vendor Participation Agreement controls first, then the Market Policy Manual.

4. Donations

Donations made through the Site are processed by our third-party payment processor and are subject to that processor's terms. Donations are voluntary, are not payment for goods or services, and are non-refundable except at our discretion or where required by law. If you believe a donation was made in error or without authorization, contact us at hello@zilkermarket.org.

ZCM has applied to or plans to apply to the Internal Revenue Service for recognition of exemption under Section 501(c)(3). Contributions are not deductible as charitable contributions unless and until the IRS grants recognition; if granted, recognition is expected to apply retroactively to our May 26, 2026 formation date. Please consult your own tax advisor.

5. Attending the market

The market is held on property we do not own. When you attend, you are also subject to the rules of the property owner and to our posted market rules, including any rules on animals, alcohol, amplified sound, and parking. Attend at your own risk.

6. Vendor products are not ours

Vendors are independent businesses. ZCM does not manufacture, grow, prepare, test, or sell vendor products, and does not warrant them. Any purchase you make at the market is a transaction between you and that vendor. Claims about a product — including its origin, ingredients, allergens, safety, or fitness for any purpose — are the vendor's, not ours. Direct any product concern to the vendor, and to us at hello@zilkermarket.org so we can follow up.

7. Acceptable use

You agree not to use the Site to: submit false or misleading information; impersonate another person or business; upload malicious code; scrape, harvest, or bulk-collect data from the Site; attempt to access accounts or systems you are not authorized to access; or use the Site in any way that violates applicable law.

We may suspend or terminate access to the Site for any violation of these Terms.

8. Content and intellectual property

The Site's text, graphics, logos, and design are owned by ZCM or used with permission, and may not be copied or reused except as allowed by law. The names "Zilker Farmers Market" and "Zilker Community Market" and our logos may not be used without our written permission.

If you submit content to us — including vendor photos, product descriptions, or business information — you grant ZCM a non-exclusive, royalty-free license to use, display, and reproduce that content to promote the market and its vendors. You confirm you have the rights to grant that license.

9. Third-party services and links

The Site relies on third-party services for payments, forms, email and text messaging, electronic signatures, analytics, advertising, and hosting, and links to third-party websites. We do not control those services or sites and are not responsible for their content, practices, or availability. Their terms and privacy policies apply to your use of them.

10. Email and text messages

If you sign up for our email list, you consent to receive messages from us as described at the point of signup. You can unsubscribe from email at any time using the link in any message.

Our text message program is governed by the terms immediately below, which include a binding individual arbitration provision and a class action waiver. If anything elsewhere in these Terms conflicts with those terms as to the text message program, those terms control.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Zilker Community Market, Inc. d.b.a. Zilker Farmers Market (hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning market dates and hours, vendor lineups, schedule changes and weather cancellations, community events and programming, fundraising and donation appeals, and the marketing and sale of digital and physical products, services, and events.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text "HELP" to the number you received messages from. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You must be at least eighteen (18) years of age to opt into or participate in the Program. By opting in, you acknowledge and agree that you are at least eighteen (18) years of age and that you are permitted by your jurisdiction's Applicable Law to participate in the Program. We do not knowingly enroll anyone under eighteen (18) years of age. If we learn that a number belongs to a person under eighteen (18), we will remove it from the Program.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with any third party. Information is shared only with the service provider that delivers our messages, and only for that purpose. Our full Privacy Policy describes how we handle personal information generally.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Travis County, Texas before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Zilker Community Market, Inc.'s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

11. Privacy

Our handling of personal information — including our use of cookies, analytics, and advertising technologies — is described in our Privacy Policy, which is incorporated into these Terms.

12. Disclaimers

The Site is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that information on the Site is complete, accurate, or current.

13. Limitation of liability

To the fullest extent permitted by law, ZCM and its directors, officers, employees, volunteers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of your use of the Site or attendance at the market. Our total liability for any claim relating to the Site will not exceed the greater of (a) the amount you paid us in the twelve months before the claim arose, or (b) one hundred dollars ($100).

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.

14. Indemnification

You agree to indemnify and hold harmless ZCM and its directors, officers, employees, volunteers, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site, your violation of these Terms, or your violation of any law or third-party right.

15. Changes to these Terms

We may update these Terms from time to time. We will post the revised version with a new "Last updated" date. Continued use of the Site after changes take effect means you accept them.

16. Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Except for disputes subject to the arbitration provision in the text message program terms in Section 10, any dispute will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to that jurisdiction and venue. Before filing, please contact us at hello@zilkermarket.org so we can try to resolve the matter informally.

17. Severability

If any provision of these Terms is held unenforceable, the rest remains in effect.

18. Contact

Zilker Community Market, Inc. d.b.a. Zilker Farmers Market 1905 Blue Crest Dr, Austin, TX 78704 hello@zilkermarket.org