Seller Express Terms – Main Market Online

[vc_row][vc_column][vc_column_text text_larger=”no”]Terms of Use – [MainMarket Online – Seller Express Services]

For General Terms and Conditions, click here.

Terms and Conditions (“Terms”)

Last updated: April 6, 2019 21:32

These Terms of Service are exclusively for the Seller Express Services of Main Market Online. Main Market Online (“Company”, “we” or “us”) provides self-serve online sales shops via its website (https://mainmarketonline.com) and subsidiary web properties (the “Sites”). Company offers various services to you, whether as an vendor, a seller through the website (https://mainmarketonline.com) and subsidiary web properties, all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service (as defined below) and/or your registration with Company constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTIONCOURT TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our users. You understand that by using our service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy (https://mainmarketonline.com/privacy-policy) which is incorporated herein by reference.

You affirm that you are of legal age in your country and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under the required legal age, then please do not use Company or our Service.

In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of your company, then (a) “you” includes you and your company, and (b) you represent and warrant that you are an authorized representative of your company with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on your company’s behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that third-party service, and to store your authentication credentials for that third-party service. The service is not available to any User who has been removed by Company.

Services

Company offers a platform for vendors and buyers of goods and services to buy and sell goods and services. The Seller Express Services are for the purposes of acting on behalf of vendors and buyers for the purposes of making such sales or purchases. The “Service” means the product, platform or service provided or made accessible to you by Company.

Registration

By registering and participating in this Service, you agree and represent as follows:

You are of legal age and are otherwise capable of forming a legally binding contract in your country of residence;
You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cash-outs, payment methods, and refunds;
All information you submit to Company or in connection with a Company service is accurate and complete and that you will maintain and promptly update any profile supplied to Company or to Users to ensure accuracy at all times;
You agree that we own the rights to the contents on our website, including the right to approve, add, remove, modify or censor its contents.
You may deposit funds into an account opened by us on your behalf on the website for the purposes of purchase or sales of goods or services on your behalf.
Funds deposited for the purpose of our Seller Express Services shall be used to purchase goods and services for resale on your behalf.
Funds deposited for the purpose of our Seller Express Services shall be available for withdrawal or refund only after a period of 365 days or as we may deem fit from time to time.
You agree that we may deal with the funds in any way for the purposes of the aforementioned.
Refunds or withdrawal are subject to the proceeds from disposal of such goods and services at the prevailing market value of the said goods and services.
In any case, goods and services purchased on your behalf shall be available for withdrawal from our site at all times, either by you or anybody authorized by you.
You agree that we bear the responsibility for the funds in our custody, only to the extent that any further accruals from dealing with the funds would depend on the forces of the market and would be determined at the prevailing market price.
You also agree that we will dispose of such goods and services purchased on your behalf at the prevailing market price.
You agree that we are entitled to commission at a rate to be determined by the parties.
We are in no way guaranteeing profits in the course of dealing with your funds within our disposal. Losses may be incurred during the regular course of doing business.
We however guarantee that we shall act in your best interest in the course of trading with your funds within our disposal, reasonable loss and hitches excepted
You agree to be contacted via Email, SMS and text messaging by Company, and by third parties if relevant, regarding Company’s services;
You hereby grant Company permission to email or display your profile and such other information as may be supplied by you to Company on or from Company’s website as Company shall deem advisable in its sole determination in connection with the Service for you;
By using the Service, you are granting Company permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;
Whether as a vendor or buyer, you agree to abide by any such legal framework or statutory authority in place and such terms that will cover any transactions consummated through the Service. Notwithstanding the foregoing sentence, you agree that all orders placed are non-cancellable, and that if vendor has not delivered the contracted goods or services in the time frame set forth, then Company shall continue to run your ads until it makes good any under delivery.

Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without Company’s prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Company website or for any other unauthorized purpose without Company’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or Company’s hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these Terms of Service.

Use of Third Party Services

As a part of our Service, Company may offer links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Company does not operate or control in any way any information, software, products or services available on such web sites. Company’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause in to any person; (e) your use of the Service shall not violate any agreements between you and a third party.

You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.

Disclaimers and Limitations

Company intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Company may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Company AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF COMPANY’s SERVICE IS AT YOUR OWN RISK. Company AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER IN ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF COMPANY’S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Company, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. COMPANY’S LIABILITY, AND THE LIABILITY OF COMPANY’S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES OR FUNDS PAID BY YOU TO THE COMPANY (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN COMPANY AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

ERRORS AND DELAYS

Company is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

Funding Your Account

You may fund your account in two ways: (1) you can deposit funds into your account via a credit card, wire transfer, or PayPal (“Deposited Funds”); and (2) you can earn funds by selling your goods or services(“Earned Funds”). Deposited Funds will appear in your Account balance and be available for you to purchase goods or services; however Funds deposited for the purpose of our Seller Express Services shall be available for cash withdrawal only after a period of 365 days or as we may deem fit from time to time. Earned Funds will generally appear in your Account balance approximately thirty (30) days after one of your goods or services have been purchased, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site. If your Account is inactive for a twelve-month period, your Account balance will be charged as an inactive fee. Company may, but has no obligation to, give you prior notice of the imposition of any inactive fee. PLEASE NOTE OUR REFUND POLICY (https://mainmarketonline.com/faqs), WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE HEREIN.

In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.

Termination

Company reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Company at any time by delivering a written notice addressed to https://mainmarketonline.com/contact-us. You shall be responsible for ensuring delivery of the notice to Company. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Company emails. Company shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.

Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of Company’s Service, to the goods or services provided by Company, or to any acts or omissions for which you may contend Company is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the applicable Commercial Arbitration rules agreed by the parties. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the parties’ jurisdiction, except that the interpretation and enforcement of this arbitration provision shall be governed by Arbitration and Conciliation Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction within the parties’ jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Company WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Company ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE .

Class Action/ Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

General

You agree that these Terms of Service shall be governed by the internal substantive laws in place within the parties’ jurisdiction, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of any state court located within the appropriate jurisdiction as defined by law, any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Except as otherwise expressly agreed in this Agreement, this Agreement is non-exclusive and either party may engage in similar or other relationships, agreements or arrangements with any other party. Except as agreed in an Order Form, neither party promises any level of business or outcomes to the other. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Further, Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Company.

Copyright and Trademark Notices

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE FEEL FREE TO EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

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Contact Us

If You have any questions about these Terms, please contact us on: [email protected][/vc_column_text][/vc_column][/vc_row]