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    Terms

    Acceptance of the Terms of Use


    The following terms and conditions (these “Terms of Use”) govern your access to and use of the products and services offered by MRKT.COM, Inc. (“MRKT”, “we”, or “us”) on MRKT’s website located at www.mrkt.com (the “Website”), and MRKT’s mobile applications, including any content, functionality, and services offered on or through the Website or mobile applications (collectively the “Services”), whether as a guest or as a registered user. These Terms of Use are entered into by and between you and us. If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and affiliates.


    By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.


    These terms of use contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please review carefully.


    These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.


    You may not use the services if you (a) do not agree to these terms of use, (b) are not the older of (I) at least 13 years of age or (ii) legal age to form a binding contract with us, (c) are prohibited from accessing or using the services by applicable law, (d) are located in a country that is subject to a u.S. Government embargo, or that has been designated by the u.S. Government as a “terrorist supporting” country or are not listed on any u.S. Government list of prohibited or restricted parties. If you are under 18 years of age, you must receive consent from your parent or guardian prior to access or use of the services.


    Changes to the Terms of Use


    MRKT may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.


    Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.


    Services


    The Services provide an online venue for sellers (“Sellers”) to sell certain categories of items (“Items”) to buyers of the Items (“Buyers”). MRKT will publish Items and information relating to Items provided by the Sellers on the Services in accordance with these Terms of Use. We have sole control over the look, feel, Content (as defined below), operations and evolution of the Services, and may modify the Services and any Content at any time in our sole discretion. MRKT further reserves the right to reformat the data and images received from Sellers or Buyers in order to accommodate the format of the Services.


    MRKT will publish on the Services images and information relating to listed Items that Sellers provide us in our sole discretion. “Seller Content” is any information or content that Sellers supply to the Services in any form or fashion (whether in the subscription, registration, or listing process, or through any email feature or directly). Listings shall only include text descriptions, graphics, pictures and other content relevant to the description of the specific permissible Item. We reserve the right to reformat Seller Content in order to best serve the needs and formatting of the Services.


    The sales of Items are made directly between the Sellers and the Buyers, and the role of MRKT is limited to making the Services available and maintaining the Services. MRKT is not an agent of either the Buyer or the Seller for any purpose. MRKT is not responsible for the transfer of legal ownership of Items from a Seller to a Buyer.


    By using the Services, Buyers select and purchase Items marketed or sold by Sellers, solely of their own initiative, placing orders via the Services or as otherwise directed. You acknowledge that MRKT has no control over the ultimate sale price of the Items or any sales terms ultimately entered into between you and a Buyer or Seller.


    MRKT may, but is not obligated to, provide intermediary services between the Buyer and Seller in connection with customer service or dispute resolution matters. In the event MRKT elects, in its sole discretion, to provide any such intermediary services, then the decision of MRKT is final and binding on all parties and cannot be appealed, challenged or reversed. The Seller is responsible for delivering the Items to the Buyer in accordance with the arrangements made between Buyer and Seller (MRKT may facilitate shipping Items between the Seller and the Buyer), including transfer of title and payment of all applicable taxes, fees and charges, including without limitation, sales tax, use tax, internet sales tax, VAT, import/export duty, and/or regulatory permit fees to the appropriate authority.


    Account Registration and Access


    Registration may be required in order to use certain features of the Services, such as being able to open your store, adding Items to sell, and sharing your Items. Both individuals and businesses can register as Sellers. If the Seller is a business, the Seller will need to receive verification. Users are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone without your consent. You will be liable for all breaches committed by third parties who use the Services using your password and registration details. You must notify us if your password or registration details have been compromised. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. MRKT reserves the right to block or remove usernames that infringe on others’ intellectual property. Registrants may access their accounts to view their profile information as well as transaction information by clicking the relevant icon on the profile and order sections of the Services after logging in.


    Fees


    Seller agrees to pay the subscription/commission transaction fees and any other related fees (“Fees”) for the Services provided by MRKT as agreed per the pricing schedule (the “Pricing Schedule”), which will be posted in the Seller-facing areas of the Services. MRKT charges a 20% commission fee, which includes transaction fees. Unless otherwise stated, all Fees are quoted in U.S. Dollars. Monthly recurring fees are billed around the 1st of each month. Other non-recurring fees are billed as services rendered on an ad-hoc basis. Please note that any account overdue by 14 days following receipt of a MRKT invoice or monthly statement may be subject to a $100 late charge or 1.5% per month (annual percentage rate of 18%) or the maximum legal rate. We may deduct Fees from amounts due to Seller in our sole discretion.


    The provisions of the Commercial Agents Directive (86/653/EC) as implemented in any European jurisdiction (for example, in the UK via the Commercial Agents Regulations 1993) are expressly excluded from this Agreement


    Binding Contract; Transfer of Title; Risk of Loss


    Once a Seller and Buyer agree on the terms of the sale for an Item through the Services, a binding contract between the Buyer and the Seller with respect to the sale and purchase of that Item is created. The Seller of each Item sold on the Services represents that the Seller will convey clear title of each Item to the Buyer upon receipt by the Seller (or such nominated third party) of the Total Purchase Price for the Item. The “Total Purchase Price” is the price agreed to on the Services between Buyer and Seller and includes (i) the agreed price of the Item; (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale. In the event the Seller has requested that MRKT collects and remits payment of the Total Purchase Price, then the Seller will convey clear title to the Item upon receipt of the sales confirmation by the Buyer and receipt by MRKT of the Total Purchase Price. In the case of Buyer-arranged shipping, risk of loss and title for such Items pass to Buyer upon Seller’s delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from the Seller. In the case of Seller arranging shipping, risk of loss and title for such Items pass to Buyer upon Buyer’s receipt of the Item.


    Facilitated Payments and Payouts


    MRKT may agree to facilitate the transmission of payments in connection with a sale via the Services (each, a “Facilitated Payment”). Once a Buyer purchases an Item, the Buyer will be required to transfer the Total Purchase Price to us, and we will release the undisputed funds due to the Seller minus our Fees via the payout method set in your account settings once the Buyer receives the Item. The timing of Facilitated Payments depends on the payment or payout method.


    Notwithstanding the foregoing MRKT is not your trustee or fiduciary, and is not a party to any agreements between buyers and sellers.


    We reserve the right to place a hold on a Facilitated Payment if we determine that the funds may be related to a breach of applicable law, to cooperate with law enforcement, or for any other reason that we deem necessary.


    In order to receive a payout, you must have a valid payout method linked to your account. Users will be able to receive a payout from either Paypal or through a Wire Transfer. Payouts will be initiated when an Item is no longer eligible for return. The time it takes to receive a payout once released by MRKT may depend upon the payout method you select and the payout method provider’s processing schedule.


    Shipping


    MRKT uses third party integrated shipping in the United States and Georgia, and reserves the right to add third party shipping in other countries that have access to the Services. Users in countries that do not use third party integrated shipping may have the ability to charge their own shipping price for both local and international deliveries.


    Third Party Accounts; Social Media Features


    If you register via or otherwise integrate your account with a third party account (including your social media accounts (such as Facebook) and your Apple ID), you authorize us to access and use certain third-party account information, including, but not limited to, your profile and other information. By linking the Services with a third party account, you give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, invitations, offers, and other sponsored content that you follow or engage with that are displayed on the Services, without any compensation to you.


    We may disable all or any third-party account and social media features at any time without notice in our discretion. If your third-party account or associated service becomes unavailable or if our access to such account is terminated by the third-party service provider or otherwise, then your access to the services may be terminated. Please note that your relationships with any third-party service providers are governed solely by your agreement(s) with such third-party service providers.


    Intellectual Property Rights


    If you make use of the Services other than as provided herein, you may be violating copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property by including them on the Services. The information on the Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law. Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of MRKT.com, Inc. or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.


    MRKT’s name, the MRKT logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MRKT or its affiliates or licensors. You must not use such marks without prior written permission of MRKT. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.


    Removal of an Item; Geographic Restriction of an Item


    Users may remove an Item from the Services by using the “unpublish” option. Users may also restrict the geographic region where the Item may be viewed, sold, or both to either a global or local audience.


    Prohibited Uses


    You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
    • To provide Seller Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
    • To provide any Seller Content that contains lies, falsehoods, or misrepresentations that could damage MRKT or anyone else;
    • To provide Seller Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate;
    • To link directly or indirectly from Seller Content to anything prohibited in this Agreement;
    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;
    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    • To impersonate or attempt to impersonate MRKT, a MRKT employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the MRKT or users of the Services, or expose them to liability.

    Additionally, you agree not to:

    • Forge headers or manipulate other identifiers in order to disguise the origin of any Seller Content you provide;
    • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
    • Use any robot, spider, cheat utility, scraper, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
    • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our written prior consent;
    • Use any device, software, or routine that interferes with the proper working of the Services;
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
    • Use any meta tags or any other “hidden text” utilizing any of MRKT or MRKT’s suppliers’ product names or trademarks in your Seller Content;
    • Provide Seller Content that disparages MRKT or MRKT’s vendors, partners, Sellers, Buyers, representatives, and affiliates.

    User Contributions


    The Services may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, broadcast, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.


    All User Contributions must comply with these Terms of Use. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, host reproduce, sell, resell, publish, modify, perform, curate, transform, translate, display, distribute, prepare derivative works of, and otherwise disclose to third parties any such material, and to grant and authorize sublicenses of the foregoing, in any and all media or distribution methods now known or later developed. For the avoidance of doubt, you agree that this license includes the right for us to make your User Contributions available to third parties for the syndication, broadcast, distribution, promotion or publication of such User Contributions on other media and services.


    You represent and warrant that:

    • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
    • All of your User Contributions do and will comply with these Terms of Use.

    You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not MRKT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.


    Seller Content Standards


    These Seller Content standards apply to any and all Seller Content. Seller Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Seller Content is subject to the following requirements:

    • Seller must have all rights to the Seller Content and such information shall not violate the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights of any third party;
    • Seller Content must be owned by the listing Seller or the listing Seller must have all necessary rights to offer and sell such Items on behalf of another party and Buyer must receive good legal title to the offered goods;
    • Seller Content must be accurately, lawfully comprehensively, and fairly described by the listing Seller;
    • Seller Content must be true, accurate, and not misleading;
    • Seller Content must be legal in the USA and the country into which they are sold and in the Seller’s home country, without restriction;
    • Seller Content must comply with all import (into the country in which they are sold) and export (out of the country from which they are sold) laws.

    Seller Code of Conduct


    By agreeing to the terms of this Agreement Sellers represent and warrant that:

    • Items are appropriate for the Services. Items sold on the Services must be tangible goods fitting into categories that are then represented on the Services (such as furniture and lighting, fine art, fashion, jewelry & watches) and be reasonably expected to appeal to discerning Buyers seeking luxury goods;
    • You are legally able to sell and convey full legal title to the Item(s) you list for sale on the Services;
    • Each Item you list is currently available for sale;
    • You will sell the Item on the terms listed;
    • You shall not divert Buyers away from the Services once a Buyer has submitted an inquiry, an offer to purchase or started the negotiation process for an Item, including by offering a lower price to the Buyer for an Item if the purchase is made other than through the Services;
    • You will process all sales resulting from a MRKT Lead and all sales of MRKT Lead Items through the MRKT checkout and pay the attendant Fees;
    • You will not use MRKT to contact Buyers to make offers to buy or sell Items outside the Services.

    “MRKT Lead” means any interaction with a potential Buyer generated through the MRKT platform, including but not limited to, initiated through a MRKT platform feature, a telephone inquiry to the Seller’s MRKT number, a direct telephone or email inquiry to the Sellers referencing a MRKT item, an in-person visit with a MRKT tear sheet or the MRKT App, or an inquiry or order placed through the MRKT Services or otherwise. A “MRKT Lead Item” means any Item referenced in a MRKT Lead and includes any alternative Items substituted for such Item and all additional Items and services included in the transaction, even if those Items and services are not listed on the Services. If a negotiation for a MRKT Lead Item is commenced following a MRKT Lead and the Buyer declines the Seller’s offer, the Seller shall not contact the Buyer offline to renew or complete the transaction or to offer a similar item.


    MRKT does not allow the Sellers to use MRKT to contact the Buyers to make offers to buy or sell Items outside of the Services. Also, the Sellers are not permitted to use information obtained from the Services to contact the Buyers about buying or selling outside of the Services. Sellers are liable for all Fees due to MRKT arising out of all sales made using some or all of the Services, even if sales terms are finalized or payment is made outside of the Services. In particular, Sellers are liable for final value fees due to MRKT if they offer or reference their contact information, or ask for a Buyer’s contact information, in the context of buying or selling outside of the Services, even if the Item does not sell and the Service was used to communicate with the Buyer.


    Seller Responsible for All Information


    Sellers are solely responsible for the accuracy of the information they provide to the Services. MRKT is not responsible for the acts or omissions of users of the Services.


    The Seller shall use best effort to maintain the accuracy of the information posted to MRKT, including, but not limited to, information related to the availability of Items listed for sale. Seller is responsible for all costs or damages associated with the inaccuracy in the description of an Item or inauthentic Item. This may include, but is not limited to, additional costs of shipping incurred by MRKT resulting from the inaccurate product descriptions.


    Seller Breach of Guidelines


    If a Seller breaches the Code of Conduct, provides in accurate information, or does not follow other guidelines set forth by MRKT, MRKT will charge the Seller the commission and any other Fees due per the Pricing Schedule by debiting the account of the Seller or any credit card held with respect to the Seller. For these transactions, the Seller must supply MRKT with the Buyer’s full name, billing address, shopping address, email, and telephone. In addition, MRKT may limit, restrict, or suspend the Seller from using the Service feature or terminate this agreement. The Seller may also forfeit special account status. The Seller may be subject to the application of reasonable fees and recovery of MRKT’s expenses, including without limitation attorney fees, in policy monitoring, and enforcement.


    Copyright Infringement


    We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has 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;
    3. 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 a description of where the material that you claim is infringing is located;
    4. your address, telephone number, and, if available, email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    DMCA Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached via email at support@MRKT.com or via regular mail at the following address: 1 Central Park South, New York, NY, 10019.


    Service Unavailability


    MRKT relies on the Sellers for information regarding Items and uses its best efforts to see that the Sellers’ descriptions are posted as provided by the Seller. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Services. MRKT has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price.


    Refusal of Transaction


    MRKT reserves the right to withdraw any Item from the Services or to amend any content (including any Seller Content) on the Services at any time in its sole discretion. MRKT may refuse to provide the Services to anyone at any time in its sole discretion. MRKT will not be liable to any Seller or Buyer because it has withdrawn any Item from the Services, amended any of the content or denied access to the Services.


    MRKT reserves the right in its sole and absolute discretion, but not the obligation, to cancel or revoke any sale, including one that has been confirmed, for potential fraudulent activities or regulatory reasons or errors as long as the Item has yet to be delivered to the Buyer. This includes the right to instruct the Seller to not ship an item even after the order has been confirmed. MRKT is not liable to any party for canceled or revoked sales.


    Monitoring


    MRKT reserves the right, but accepts no obligation, to monitor any activity and content (including Seller Content) on the Services. MRKT may investigate any reported violation of applicable law, rule or regulation applicable to Sellers or transactions on the Services and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Services.


    Outside of the US Selling and Buying; Translation


    Many of MRKT Services are accessible to Sellers and Buyers outside of the US. MRKT may offer certain programs, tools, and site experiences of particular interest to those Sellers and Buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. Sellers authorize MRKT to use automated tools to translate the Sellers’ Website content and Seller-to-Buyer communications, in whole or in part, into local languages where such translation solutions are available. MRKT may provide Sellers with tools which will enable the Sellers to translate content upon request. The accuracy and availability of any translation are not guaranteed, and MRKT is not liable in any way to the Seller or the Buyer for any loss suffered where the automated tools are used.


    Right of Cancellation


    Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to a Buyer, unless one of the exceptions below applies, such a Buyer has the right to cancel its order without giving reason within 14 days from the day on which that Buyer or a third party indicated by the Buyer receives an Item. The Buyer must inform the Seller of its decision to cancel the order in writing within this period. The Seller must reimburse all payments received from this Buyer/MRKT for the Items purchased and the Buyer will incur no fee as a result of such reimbursement. However, reimbursement may be withheld until the Seller has received the Items back from the Buyer. The Buyer must send back the Items following the instructions of the Seller. The Buyer will bear the cost of returning the Items to the Seller. The Buyer may lose this right if the value of the Items returned diminishes due to the handling of the Items. The right of cancellation does not apply to: (a) the supply of Items made to the Buyer’s specifications; (b) the supply of Items which may deteriorate or expire rapidly; (c) the delivery of Items which are not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed with other items; (d) the delivery of sealed video or audio recordings or of sealed software if unsealed by the Buyer after delivery; and (e) the supply of digital Content if the Buyer accepted when it placed the order that delivery could be started and that the Buyer could not cancel once delivery had started.


    Consent to Processing; International Use


    By providing any personal information to the Services, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. For further information, please see our Privacy Policy. We control and operate the Services from our offices in the United States of America, and all information is processed within the United States or at the location of our service providers. We do not represent that materials on the Services are appropriate or available for use in locations outside the United States. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.


    Exclusivity and Price Party Across All Channels; Lower Advertised Price


    All Items must be posted exclusively with MRKT and on the Services for at least 30 days before they can be shown on any other website or mobile application (other than Seller’s own website).(not applicable) If the Item is listed by Seller on any non-MRKT website or mobile application (including Seller’s own website) or available in store, the MRKT listed price shall be the same or lower than any Seller listing for that Item on any non-MRKT site or in store. If a Buyer presents to MRKT a verifiably lower advertised price on any other website or in store for any Items posted by the Seller on the Website, MRKT shall be entitled to match said lower price at cost to the Seller, provided that the lower advertised price is in writing, and said pricing is valid at the time the Buyer wishes to make the purchase. MRKT shall determine in its sole discretion if said price is considered valid. Violation of this clause by the Seller may result in termination of this Agreement.


    Buyers’ Option


    Seller understands and agrees that Buyers on the Services may request that MRKT negotiate the purchase of any Item on behalf of Buyer. Buyer may also ask MRKT to arrange for shipping of Items on Buyer’s behalf which may be subject to pre-advertised shipping prices.


    Suspension and Termination


    MRKT expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services by any person or entity, at the sole discretion of MRKT, for any reason or no reason at all, and without prior notice. You will be responsible for all outstanding Fees immediately upon termination.


    Information About You and Your Use of the Services


    All information MRKT collects on the Services is subject to our Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to all actions taken by MRKT with respect to your information in compliance with the Privacy Policy.


    Links from the Services


    You may be able to link third party websites (“Linked Sites”) from the Services. If the Services contain Linked Sites, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. MRKT does not imply endorsement of or association with the Linked Sites. MRKT has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or mobile applications linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party services.


    We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or introduce different features or links to different users. Permission must be granted by us for any type of link to the Services. To seek our permission, you may write us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Services, at our discretion at any time.


    Disclaimer


    In addition to any disclaimers set forth herein, the services are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, relating to (a) your use of the services, including, without limitation, your communications and transactions with other users; (b) user content (including seller content); (c) any advice or information, whether oral or written, obtained from us or through the services; or (d) any other communications, transactions, content, or data on the services, whether provided or owned by you, MRKT, or by any third party or other user, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement, freedom from computer viruses, bugs, worms, “trojan horses” or other destructive materials to the services (“harmful components”), and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed.


    We are not responsible for the accuracy, appropriateness, or legality of user content (including seller content) or any other information posted, submitted, made available, or accessed by you or other users of the services. We do not pre-screen, control, or endorse user content, and we make no claims or representations regarding any content we do not create. We are not responsible or liable, directly or indirectly, for any damage or loss that results from your use of, reliance on, or any other connection between you and any content or data that any user or third party makes available.


    MRKT is not responsible for the conduct of any user and is not a party to any transactions or agreements entered into between buyers and sellers or for the failure of buyers and sellers to abide by their contractual obligations and agreements. MRKT does not make any claims, representations, guarantees, or warranties regarding (I) any user content (including seller content); (2) users’ credit worthiness, honesty, behavior, or ability to pay; or (3) any user’s compliance with relevant laws and disclaims all liability in this regard to the maximum extent permitted by law. Your interactions with fellow users, including payment and delivery of items, are solely between you and such other user.


    MRKT does not represent, warrant or otherwise endorse that the services or any content, information, or items available or advertised or sold through the services are accurate, complete, available, current, or that the results of using the services will meet your requirements. We reserve the right to correct any errors or omissions in the services.


    Although we intend to take reasonable steps to prevent the introduction of harmful components, we do not guarantee that the services or materials that may be downloaded from the services do not contain such harmful components. We are not liable for any damages or harm attributable to such components. If you rely on the services or any materials available through the services, you do so at your own risk. While we take measures to ensure that information is transmitted using reasonable security measures, we do not guarantee that those transmissions will be encrypted. You are solely responsible for adequate security protection and backup of user content.


    Limitation on Liability


    In no event shall MRKT, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliates vendors, contractors, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the services, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if MRKT or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.


    In no event shall the total liability of MRKT to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from breach of this agreement exceed, in the aggregate, $100.00. Without limiting the foregoing, in no event shall MRKT or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf MRKT.


    Indemnification


    You agree to defend, indemnify, and hold harmless MRKT, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions and Seller Content, any use of the Services’ content, services, data, models, and products other than as expressly authorized in these Terms of Use, or your use of any information or data obtained from the Services.


    Release


    You expressly agree to release MRKT, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. You further waive your rights under Section 1542 of the California Civil Code, and any similar law of any applicable jurisdiction, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree that no joint venture, partnership, employment, or other agency relationship exists between you and MRKT as a result of this Agreement or your use of the Services.


    Legal Compliance


    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of Items, including but not limited to any applicable laws relevant to the fact that Items are sold at a distance. Seller agrees to comply with all applicable laws, rules and regulations in connection with their use of the Services. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside as well as the restrictions on import or export of Items from the Seller’s country to the Buyer’s country. The Services may be used only for lawful purposes and in a lawful manner. The agreements between the Buyer and the Seller shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.


    Notices


    Except as explicitly stated otherwise, any notices to MRKT shall be given by registered mail, postage prepaid, to 1 Central Park South, New York, NY, 10019. MRKT may give you notice by email, certified mail, postage prepaid and return receipt requested, to the address provided to MRKT. Postal notice shall be deemed given 3 business days after the date of mailing.


    Arbitration; Waiver of Jury Trial and Class Action


    Any dispute, controversy or claim arising out of or relating to this Agreement, or its breach, except for temporary, preliminary, or permanent injunctive relief, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the American Arbitration Association (“AAA”) for mandatory binding arbitration located in New York County, New York State in front of a single arbitrator chosen in accordance with the AAA Rules. Discovery shall be permitted, but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with this Agreement. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a Party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing Party (should there be one) in any such arbitration. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. You shall not be entitled to join or consolidate claims by or against other users, or arbitrate any claim as a class representative, class member or in a private attorney general capacity. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users of the services. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). Notwithstanding the foregoing, nothing in this agreement shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.


    If for any reason, a claim proceeds in court rather than arbitration, the claim shall be resolved exclusively in the state and federal courts located in New York County, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.


    Governing Law and Jurisdiction


    All matters relating to the Services and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).


    Waiver and Severability


    No waiver by MRKT of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MRKT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


    Entire Agreement


    This Agreement constitutes the sole and entire agreement between you and us regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.


    Your Comments and Concerns


    All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@mrkt.com.


    ADDENDUM TO THE MRKT TERMS OF USE/SELLER AGREEMENT


    This agreement (the “Addendum”) is an addendum to that certain MRKT Terms of Use between MRKT and the Seller (the “Agreement”). All terms used but not defined herein shall have the respective meanings given to them in the Agreement.


    Subject to any regulatory requirements to the contrary, per this Addendum, Seller agrees to accept returns and provide a full refund to Buyer within 14 days of the Buyer receiving the order. The Buyer must inform MRKT of the decision to return the order in writing within this period. The Seller must reimburse all payments received from this Buyer/MRKT for the total funds received for the Item. However, reimbursement may be withheld until the Seller has received the Items back from the Buyer. The Buyer must send back the Items via the shipping method approved by MRKT. The Buyer will bear the cost of returning the Items to the Seller, unless the Seller explicitly chooses to bear the costs. Additionally, the Buyer will not be reimbursed for initial shipment cost, unless the Seller explicitly chooses to bear the cost. The Seller will have 2 business days to inspect the Item once the returned Item arrives, and must contact MRKT to confirm that the Item was received in acceptable condition. If the Seller does not inform MRKT within 2 business days of receiving the Item, the Item will be deemed to have been received in an acceptable condition and MRKT shall issue the refund to the customer. The Seller must issue to MRKT a return payment by credit card within 14 days after the Buyer refund is processed by MRKT. If MRKT does not receive payment within 14 days, MRKT will automatically charge the Seller’s credit card on file and/or hold payments to the Seller until such time as the amount owed to MRKT is paid. MRKT may offset amounts due to MRKT against amounts due to the Seller. If MRKT does not receive payment within 60 days, MRKT will suspend the Seller’s account and may send the account to collections. If a Buyer purchases an Item that does not match its product description, arrives damaged, or does not arrive, then MRKT considers this situation a dispute. If the purchase is disputed, MRKT may mediate the dispute, and in some circumstances may require the Seller to accept a return at full costs, even if it is outside of the Seller’s stated policy. The Buyer may lose the right to return the Items if the value of the Items returned diminishes due to the handling of the Items. The right of cancellation does not apply to: (a) custom Items created after the order is placed; (b) Items which may deteriorate or expire rapidly; (c) the delivery of Items which are not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed with other items; (d) the delivery of sealed video or audio recordings or of sealed software if unsealed by the Buyer after delivery; (e) digital content if the Buyer accepted when it placed the order that delivery could be started and that the Buyer could not cancel once delivery had started; and (f) Items that are subject to import / export or other regulatory restrictions. All Items for which are not returnable will be so designated by Seller where the Items are posted.