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Terms of Service
The following is an agreement (“Agreement”) between you (or “Customer”) and Marketplace LLC, a Delaware limited liability company and/or its affiliates (“Marketplace”). By accessing, browsing, subscribing to, and using this website (“Site”) and by using Site features and other products and services when you visit or shop at Marketplace.com, and by using products, services, or software provided by Marketplace in connection with any of the foregoing (collectively, “Marketplace Services”) available through this Site, you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.
From time to time, Marketplace may modify this Agreement and post those modifications here on this Site. Your use of this Site after any such modification constitutes your acceptance of the modified Agreement.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Marketplace from its offices within the United States. Marketplace makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
2. Ownership and Proprietary Information
The content and information on this Site is proprietary to Marketplace or its licensors, suppliers, publishers, rights holders, or other content providers (collectively, “Marketplace Content Providers”). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, products or services obtained from or through this Site.
Subject to your compliance with this Agreement, as applicable, Marketplace Content Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Marketplace Services. This license does not include any resale or commercial use of any Marketplace Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Marketplace Service or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Marketplace Content Providers.
3. Use Restrictions and Intellectual Property
This Site may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Marketplace for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
No Marketplace Service, nor any part of any Marketplace Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Marketplace. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Marketplace without express written consent. You may not use any meta tags or any other “hidden text” utilizing Marketplace's name or trademarks without the express written consent of Marketplace. You may not misuse the Marketplace Services. You may use the Marketplace Services only as permitted by law. The licenses granted by Marketplace terminate if you do not comply with this Agreement.
4. U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Marketplace’s proprietary rights in them.
Information on this Site may be changed or updated without notice. Marketplace may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Information that Marketplace publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Marketplace intends to announce such products, programs or services in your country. Consult Marketplace for information regarding the products, programs and services which may be available to you.
7. Information “AS IS”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY MARKETPLACE ON AN “AS IS” BASIS ONLY. MARKETPLACE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MARKETPLACE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OFFERED ON THIS SITE, EVEN IF MARKETPLACE OR A MARKETPLACE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Governing law and dispute resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
11. End User Communications
Marketplace, at any time now or in the future, may allow you and other end users to use this Site to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through this Site from time to time (collectively “Communities”). In the event of the existence of such Communities, Marketplace shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Marketplace, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Marketplace shall also have the right, but not the obligation, to remove any material from the Communities that Marketplace, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Marketplace.
By posting any materials or other information on or through the Communities, you grant Marketplace a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
This Site may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
12. Revisions to this Agreement
Marketplace may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
13. Digital Millennium Copyright Act (“DMCA”) Notice.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.