STALK MARKET

TERMS OF SERVICE
Private Membership Marketplace Software Platform

Last Updated: 1/1/24

These Terms of Service (“Agreement”) govern access to and use of the Stalk Market platform (“Platform”), operated by Stalk Market Distributions, LLC, reporting to and operating on behalf of the membership base of Regeneration Station PMA (a unincorporated 508(c)(1)(A) Church Nonprofit, “The Earth Church”) (“Stalk Market,” “Platform Operator,” “We,” or “Us”).

By accessing, joining, or using the Platform, you (“Member”) agree to be bound by this Agreement.

1. Nature of the Platform

Stalk Market is a software-as-a-service (SaaS) platform that facilitates private, neighbor-to-neighbor coordination of services among Members of a Private Membership Association (PMA).

The Platform:

  • does not sell products or goods,

  • does not sell services,

  • does not act as a marketplace open to the general public,

  • and does not act as a broker, agent, employer, or contractor.

All interactions facilitated by the Platform occur exclusively between private Members.

2. Private Membership Association (PMA)

2.1 Membership Requirement

Access to the Platform is limited to individuals and entities who knowingly and voluntarily participate as Members of the PMA managed by Regeneration Station PMA.

By using the Platform, Member affirms:

  • participation is private and consensual,

  • interactions are not offered to the general public,

  • and activities are conducted within a private membership context.

2.2 No Public Offering

The Platform does not constitute a public marketplace, public accommodation, or public offering of goods or services.

3. Role of Stalk Market Distributions, LLC

Stalk Market Distributions, LLC:

  • provides software infrastructure only,

  • does not provide, control, supervise, or guarantee services offered by Members,

  • does not take ownership of any services exchanged,

  • and does not set prices, terms, or conditions between Members.

All agreements are direct, private agreements between Members.

4. Producers and Services

4.1 Producers

Members who offer services through the Platform (“Producers”) do so:

  • in their individual or organizational capacity,

  • as private Members,

  • and not as agents, employees, or representatives of Stalk Market.

4.2 Nature of Services

Services facilitated through the Platform may include, but are not limited to:

  • ecological restoration

  • meal preparation services

  • food delivery

  • agricultural feedstock transport

  • health and wellness activities

  • educational or skill-based services

  • other lawful, private services agreed upon by Members

No services constitute the sale of products or goods through the Platform.

5. No Sale of Goods or Products

The Platform is expressly not used for the sale of products, food, or goods.

Any transfer of materials (including food or agricultural materials) occurs:

  • as an incident of services,

  • between private Members,

  • and by direct agreement between those Members.

6. Jurisdictional Position & Member Responsibility

6.1 Private Transactions

All services coordinated through the Platform are:

  • private,

  • consensual,

  • and conducted outside of public commercial marketplaces.

6.2 Member Compliance

Each Member is solely responsible for:

  • determining whether their activities are lawful for them to perform,

  • complying with any obligations applicable to them individually,

  • and assessing their own regulatory exposure, if any.

Stalk Market does not provide legal, regulatory, medical, or financial advice.

7. No Agency, Employment, or Partnership

Nothing in this Agreement creates:

  • an employer–employee relationship,

  • a partnership or joint venture,

  • an agency relationship,

  • or a franchise.

Members act independently and at their own discretion.

8. Communication & Platform Use

Members agree to:

  • communicate respectfully and in good faith,

  • use the Platform solely for private coordination of services,

  • refrain from harassment, abuse, or coercion.

Stalk Market reserves the right to restrict or revoke access for violations of conduct standards.

9. Payments & Financial Transactions

If the Platform facilitates payment tools:

  • payments occur directly between Members,

  • Stalk Market does not receive or hold funds as a party to transactions,

  • any fees charged by the Platform are for software access and administration only, not for services rendered by Members.

10. Risk Allocation & Disclaimer

Members acknowledge that:

  • participation involves inherent risks,

  • Stalk Market does not vet, inspect, or guarantee services,

  • and all engagements occur at the Member’s own risk.

Services are provided “as is” by Producers.

11. Indemnification

Member agrees to indemnify and hold harmless Stalk Market Distributions, LLC, Regeneration Station PMA, and their managers from any claims, damages, penalties, or disputes arising from:

  • services offered or received,

  • Member conduct,

  • or private agreements between Members.

12. Limitation of Liability

To the maximum extent permitted by law, Stalk Market shall not be liable for indirect, incidental, or consequential damages arising from use of the Platform.

13. Termination

Stalk Market may suspend or terminate access to the Platform at its discretion if a Member:

  • violates these Terms,

  • acts in bad faith,

  • or threatens the integrity of the PMA.

14. Governing Law

This Agreement is governed by the laws of the State of Colorado, without regard to conflict of law principles.

15. Entire Agreement

This Agreement constitutes the entire understanding between the Parties regarding use of the Platform and supersedes prior agreements or representations.

16. Acceptance

By accessing or using the Platform, Member affirms that they:

  • understand the private nature of the Platform,

  • voluntarily participate as a PMA Member,

  • and agree to be bound by these Terms.