Updated: May 4, 2019
“MarketStop – One for All”!
THE FOLLOWING MEMBER AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH MARKETSTOP, A UNITED STATES ENTITY, OFFERS YOU ACCESS TO ITS SERVICES AND PROVISIONS. PLEASE BROWSE THROUGH THIS AGREEMENT THOROUGHLY AND WITH CAREFUL ATTENTION.
This Member Agreement, The Mobile Application Terms of Usage, and and all policies, protocols, and additional terms and agreements posted on and in our website, apps, tools, and provisions (collectively “Services”) make clear the terms on which MarketStop (henceforth, “MarketStop,” “us,” or “we”) offers you access to, and use of, its Services. You can find a link to our policies in the bottom footer of the home page. The Mobile Application Terms of Usage and all above mentioned items are incorporated into this Member Agreement. You agree to comply with ALL terms of this Member Agreement when accessing or using our Services.
We urge your understanding that this Member Agreement contains arrangements that govern how claims you and we have in opposition to each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have in opposition to us or our officers to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be authorized to pursue claims against us or our officers on a singular basis, not as a complainant or class member in any class or representative action or procedure, and (2) you will only be authorized to seek relief (this includes monetary, injunctive, and declaratory relief) on a singular basis.
Welcome to MarketStop. MarketStop is a new and intriguing, all-around fun marketplace to shop for and market merchandise in an exceedingly awesome mall-like layout. There will always be new and exciting ways of purchasing and merchandizing almost anything under the sun, including items and services that cannot be found at our competitors’ websites. Our service is predicated upon trustworthiness, morality, probity, service, and integrity. The following Terms facilitate in promoting confidence among you, your family, friends, and all other members of MarketStop. NOTE: The actual contracts and commitments for purchases made on the MarketStop website is solely and directly made by the merchant and the buyer. MarketStop, wholly in and of itself, is not an auctioneer, arbiter, or mediator.
As a condition of your participation within the MarketStop website, you (henceforth, “you,” “member,” or “client”) agree to comply with the Terms of this entire Member Agreement word-verbatim. Any and all advice, teaching, or instruction we provide as part of our Utilities, such as price-shaping, shipping and logistics, listing/merchandizing, and sourcing is entirely for informational and educational purposes, and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, MarketStop has no jurisdiction over and does not guarantee: the existence, condition, safety, authenticity, or legality of items for sale on the MarketStop MarketPlace. We also have absolutely no jurisdiction or control concerning the credibility, legitimacy, or accuracy of merchants’ content or listings, the competence of vendors to sell items, the capability of consumers to pay for items, or that a vendor or consumer will actually complete a transaction or return an item.
By ascertaining the material and information contained on the MarketStop website at https://www.marketstop.xyz through any device or service, or by utilizing the website in any manner, you comply with, and are bound by, the following Terms. If you have any questions, you can reassess this Agreement at any time by selecting the Member Agreement link in the footer of any page.
- Access Eligibility / Membership: Our web Service is solely for people who are eligible and capable of establishing legally binding contracts according to applicable laws and regulations. That being said, our web Service is not allowed to be utilized by minors (under the age of legal adulthood recognized by their state, country, territory, district, region, or province of residence). It is also not accessible to suspended or revoked members of MarketStop. If you do not meet the qualifications, please refrain from utilizing our website. Furthermore, MarketStop reserves the right to deny access to, or utilization of, our website in accordance with our intuitive judgment.
- Registration / Account Info: You may be unregistered and still browse the MarketStop MarketPlace. However, registration is required (accessed through the “My Account” link at the top of the Home page) in order to buy or sell in the MarketStop MarketPlace. When registering you must provide your name, address, phone number and email address. You will also be required to create a Member ID and Password to login in future visits to MarketStop. It is wholly your responsibility to protect the confidentiality of your Member ID and You agree to accept all liabilities for all activities that take place on your account. You will agree not to cede, transfer, reassign, or sell all or any aspect of your Account to any third party.
- Expenses, Charges, and Costs: Registering with MarketStop as a merchant and purchasing products for sale in the MarketStop MarketPlace, once you are approved, does not cost you anything more than the price of the item or items. However, concerning merchants, MarketStop currently charges a 10% fee per item sold in the MarketPlace and is subject to change at any time, wherein, if and when possible, ample advanced time of notice will be provided in the website blog/message area on the Home page. Lead Merchants will eventually be able to sign up for a program involving a fixed price per month and a lesser per-item percentage fee.
- Charges and Credits Policy: Our Charges and Credits Policy is accessible and integrated here by advertence. Unless generally expressed, all charges are cited in U.S. Dollars. You are liable for paying all expenses, including all relevant sales, income, extract, import, fare, and different assessments or obligations related to utilizing our Services and also our website.
- Credit Card Policy: For confirmation purposes, MarketStop expects merchants to have a legitimate and current credit card on record at all times.
- Credit Card Billing: From time to time, MarketStop could provide services that would require payment by credit card. MarketStop will not charge your credit card unless you conduct purchasing activity on our website that encompasses a fee or fees. Prior to bringing about expenses, you will have a chance to audit and acknowledge the expenses that you will be charged for the utilization of our Services. By consenting to an exchange with an expense, you give approval for us to charge your credit card or bill your account for said charges and said amounts.
- Preparation and Processing Expenses: We do not currently sell Internationally, but when we do, please apply the following: On occasion, certain purchases made through MarketStop might be liable to a non-refundable per-item-purchased processing and handling fee. A few banks and credit card companies enforce additional charges for global exchanges. On the off chance that you are making a global purchase, your bank could convert the payment amount to your native currency and charge you a conversion expense. Moreover, a remote preparation and/or processing fee could also be assessed by banks outside your domain. If you have queries about these International exchange fees or the rate of exchange applied, it would be ideal to contact your credit card company rather than us. We would not be able to assist in this respect.
We claim all authority to change or suspend, incidentally or for all time, a few, a majority, or all of our Services at any time with or without predetermined notice. If, at any time, we offer a new or updated service, the fees for that service are immediately effective at the start of the service. We may, likewise, decide to briefly lower the expenses for our services for limited and/or promotional events. Any changes brought forth in this manner become effective once we post data concerning the limited and/or promotional event on the MarketStop website. Furthermore, it is conceivable, at such times, that we may make changes to our expenses, charges, and costs policies, as well as service expenses, at any time and in accordance with our sole judgment. With the exception of the preceding change possibilities, upcoming policy changes concerning expenses may also be found in our blog posts on the Home page of the website.
- MarketStop is a Mall/Venue; NOT an Adjudicator or Mediator: We have our own products for sale, however, our website also serves as an open marketplace; a commercial center, if you will, for consumers and third-party merchants to shop for, market, auction (when it is launched in the future), and discuss terms amongst each other, concerning the acquisitioning and merchandising of almost all products, many special and unique items, and rare commodities. MarketStop is solely providing a pipeline for exchange and, at the present time, will not engage in any dealings between consumer patrons and merchants who utilize our site. As with any exchange of products between two parties, there are risks involved that you accept when managing transactions with outside foreign nationals or those individuals who may act under misrepresentation and/or false pretenses. MarketStop does its best to ensure that all merchants are legitimate and trustworthy, however, some people performing questionable business practices may slip through the cracks, and you must do your utmost as a consumer to discern, through communication and reputation, the validity and genuineness of all merchants in the MarketStop MarketPlace. MarketStop administration will not engage as mediation or adjudication in any exchange among purchasers and merchants except for our own transactions. You concur that any risks are borne by you and not MarketStop. Due to the overabundance of manpower involved, MarketStop cannot, and does not, manage or control the conduct and behavior of every single member on the site or the data provided by or made accessible and/or obtainable through our site. Therefore, MarketStop does not guarantee, ensure, support, or endorse the credibility, authenticity, quality, security, or lawfulness of any items or products offered, merchandised, or vended. This also applies to the truth or exactness of any listings or the capacity of merchants to vend, or patrons to shop for, products. We simply cannot ensure that every transaction by any merchant other than us can be seen through to fruition and satisfaction. Additionally, MarketStop does not guarantee the intent of its merchants and consumers to satisfy their obligations in any transactions.
All that being said, if you notice any black-market transactions or questionable vending tactics on our site, please contact us immediately through the link in the footer of the Home page. We will take necessary measures, to the best of our ability, provided the scope of the incident, to investigate said incident, or incidents, and take required actions to alleviate the issue and, subsequently, do our best to prevent it from occurring again.
NOTE: FOR EACH AND EVERY TRANSACTION INITIATED IN THE MARKETSTOP MARKETPLACE, WHETHER BUYER OR MERCHANT, YOU MUST RELY UPON YOUR OWN SOLE DISCERNMENT AND DISCRETION WITH RESPECT TO THE PRESENTATIONS, DECLARATIONS, COMMENTS, PRODUCT DESCRIPTIONS, OR THE REPRESENTATIONS BY THE OPPOSITE PARTY AND THEIR CAPACITY TO FOLLOW THROUGH WITH THE PURCHASE AND/OR DELIVERY OF THE PRODUCTS OFFERED FOR MARKET. WE ASK THAT YOU PLEASE UTILIZE TACT, LOGIC, ACUMEN, AND SAFE PRACTICES WHEN NEGOTIATING OR BARGAINING WITH OTHER CONSUMERS AND/OR MERCHANTS FOR THE SAFETY OF ALL.
IF YOU ARE FOUND TO BE IN VIOLATION OF ANY OF OUR TERMS AND CONDITIONS, BUYER OR VENDOR, YOU WILL RECEIVE A FORMAL WARNING. IF THE ACTIVITY PERSISTS, THEN FOR THE GOOD OF ALL, AND QUITE REGRETTABLY, WE WILL BE FORCED TO REMOVE YOU FROM ALL FUNCTIONS AND ASPECTS OF THE SITE. YOU WILL NO LONGER BE PERMITTED TO CONDUCT PURCHASES OR MARKET YOUR STOCK ON MARKETSTOP, INDEFINITELY.
- Secure Business Transactions: MarketStop will have a merchant feedback function in place so that you, as a consumer, may evaluate your transactions once they have been completed. We ask that you do not slander anybody and that you keep with being honest and forthright when making your feedback comments. For many people, this is their livelihood, and if someone does not deserve negative feedback, they should not receive it. If you, as a merchant, are a victim of slander or feedback extortion, please contact us through the email option in the footer of the Home page, and explain your situation thoroughly. We take these issues very seriously, and if, after a thorough investigation, we find that the transaction was falsely evaluated, we will justly remove the negative feedback. However, if we find that you have made a false claim, your privileges may be suspended or terminated outright. The feedback function is in place because it is practically impossible to verify and confirm everyone’s putative identity. Some people are simply irresponsible and underhanded, and we pledge to do the best we can to weed them out. If you have any problems during a transaction, please try your best to work it out with the other party utilizing maturity, humility, wisdom, and civility.
- Prohibitions and Allowances: Please see our Terms & Conditions for an exhaustive list of all permissions, constraints, and restrictions concerning the marketing of particular items in the MarketStop MarketPlace. Never, and by no means, are you to list any items for market on our site that are in violation of U.S. law, regulations, statutes, or ordinances. We will not be held responsible for your poor business choices or practices. Please understand that if you do, you may be liable for fines, compensations, community service, and jail time.
- Marketing on MarketStop: It is required that you are legally authorized to vend the products you are presenting for sale on MarketStop, particularly in specialized categories like Firearms, Fireworks, and the like. It is also required that you describe your product thoroughly as well as all terms of sale in your listing. If the item is used, you must post pictures showing any damage and be sure that the damage has been addressed, precisely, in the description. Should you sell an item, you must complete the transaction with the opposite party according to the speed at which you promised in the listing, unless (a). The transaction is prohibited by law or this Member Agreement, or (b). The client substantially attempts to modify the terms and conditions of the transaction put forth by the merchant. Merchants are additionally responsible for payment as presented in the Fee Policy. A merchant may also rescind any transaction at any time before its acceptance. Please see the non-paying-customer protocol found at http://www.MarketStop.xyz/info/fees_and_credit_policy for additional info.
- Purchasing: In the event you make a purchase on the MarketStop MarketPlace, you are committed to complete the exchange and are bound by the terms and conditions determined by the merchant and/or the items outlined in this Agreement, unless (a) the dealing is prohibited or has the possibility of prohibition by law or this Agreement, (b) the merchant materially changes the item’s description and/or the item does not properly represent the merchant’s description, or (c) a misprint occurs within the listing that tangibly influences the terms and conditions of the offer. The buyer may rescind their purchase at any time before acceptance by the merchant.
- Member Information: “Member Information” is characterized as any data and/or information you provide to MarketStop or various members throughout the registration, vending, purchasing, merchant rating, and other bilateral communications, such as email. You must pledge, in accordance with our “privilege” system that your member information (a) is true, accurate, and not ambiguous or deceptive in any way, shape, or form, (b) is completely honest and does not involve the sale of counterfeit or purloined items, (c) does not infringe on any third party’s copyright, patent, trademark, proprietary rights, and/or rights of privacy, (d) does not breach any law, statute, ordinance, or regulation, (this includes the following: false advertising, consumer protection, export management, unfair competition, and/or anti-discrimination), (e) is not calumnious, slanderous, debilitating, or badgering, (f) is not obscene and does not encompass any forms of pornography, (g) does not contain any viruses, spam, Trojan horses, worms, time bombs, cancelbots, adware, spyware, or various programming that specifically aims to impair, unfavorably meddle with, clandestinely block or seize any framework, information, or individual data, (h) does not produce risks or liabilities for MarketStop, nor causes MarketStop to lose (entirely or in part) the provisional services of our ISPs or suppliers and providers, and (i) does not connect directly or indirectly to a different website; competitor or not. You must acknowledge not to use another person’s member info aside from, and only for, what is necessary in order to complete any transactions of which you and the person, whose member information you have access to, are concerned.
- Constraints of Utilization: Our services may not be utilized for illegal or illegitimate purposes. Transmitting, posting, dispersing, or stockpiling material or directly infringing upon any pertinent neighborhood, state, commonplace, government, or outside law or control is stringently prohibited. This incorporates, without impediment, any unapproved utilization of material ensured by patent, copyright, trademark, or other intellectual property right, material that is lewd, slanderous, or offensive, establishes an unlawful danger, violates privileges of security or public exposure, or abuses export control laws. You agree to comply with any applicable laws, statutes, and/or regulations regarding your use of the MarketStop website, our services, and the statutory obligations concerning your buying and selling activities and practices. You agree not to utilize the MarketStop website in any way that urges an exchange which, whenever culminated, would abuse any laws, attempt to subject MarketStop to civil or criminal risk, or breach this Agreement. You concur that you are exclusively responsible for the legal acquisition of every required permit and license in direct relation to the products you vend, and for confirming that other site members with whom you do business conduct themselves in a likewise fashion. You agree that you will not utilize any data on the MarketStop website or any information you may learn about any purchaser, merchant, or other member, for any reason at all other than for what is minimally necessary to complete transactions on our website. Any activity intended to undermine the system and/or change your client profile or the profiles of others is rigidly forbidden. you additionally agree that you will never utilize any process, spider, robot, or other mechanized gadget to access the website, and that you will not take part in any duplication of the website for any purpose, whatsoever, commercial or otherwise.
- Intellectual Property Compliance and Publicity Rights Laws: You acknowledge that you will not post links that connect to any third-party website or any record or information on a third-party website without their consent. You acknowledge that you will not utilize any procedure, whatsoever, to screen or duplicate any segment, part, or portion of the MarketStop website without MarketStop’s prior written authorization. You acknowledge that you will not utilize the MarketStop website in any way which disobeys, or proposes an exchange which, when brought to fruition, would infringe upon the trademark, copyright, patent, competitive advantage, trade dress, publicity or privacy rights, or other exclusive privileges of MarketStop or any third-party. While accessing and navigating the website or utilizing MarketStop’s services, you consent to comply with the law and to regard the protected privileges of others. Your utilization of the website is consistently monitored by and subject to applicable United States and International law with respect to copyright ownership and the protections and/or uses of intellectual property. You acknowledge not to transfer, download, display, perform, transmit, or generally appropriate any data, substance, products, or stock that disregards any person’s copyrights, trademarks, or other licensed intellectual property or exclusive proprietary rights. You will be held solely responsible for any infringement upon any relevant and applicable laws and for any encroachments on a third-party person’s, or business’s, rights perpetuated by any data, goods, content, or commodities you furnish, impart, disperse, or merchandize, or that is given, disseminated, conveyed, or sold utilizing your Member ID. The merchandising of unapproved, unauthorized, illegal, fake, counterfeit, or black-market copy/bootleg items falls under prohibition on the MarketStop website, as does the utilization of a third-party person’s, or business’s, trademark regarding non-authentic products. This behavior is strictly disallowed and highly discouraged. The burden of proof concerning Member content as not violating any laws or personal rights rests exclusively with you. In the event that you are found to be offering any of the above described unauthorized items or products on our website, MarketStop reserves all authority to disclose your personal identity and contact data (including any false names, aliases, other identifications or personalities, or email addresses that you have used prior) and charge card information, upon request of law enforcement or property rights owners, and to aid with full disclosure in any subsequent indictments or prosecutions. This disclosure may be made without any notification to you. MarketStop’s Copyright Policy is accessible and is explicitly consolidated into this Agreement by this reference.
- Abuse and Misuse of the MarketStop Website: MarketStop may examine reports of fraudulence, abuse, or misuse, and, if suitable, constrain or completely disallow your utilization of the website and adjust your client profile to mirror its conclusions. You acknowledge that MarketStop may gain access to your account and account information on a case-by-case premise in order to explore grievances or accusations of maltreatment, encroachment of third-party rights, or other unapproved utilizations of the website. MarketStop does not plan to reveal the presence or event of such an investigation, except if required by law. MarketStop maintains all authority to dissolve your Member Account and your entrance to the site with expedience and without notice in the event that MarketStop investigates and determines that you have disregarded any of the Terms in this Agreement, provided MarketStop with untrue or deceiving data, or meddled with others’ utilization of the website. All judgments are concluded, unbiased, investigated thoroughly and fairly, and are made at MarketStop’s sole circumspection according to our findings. Again, we are not mediators, nor are we investigators, however, when actions of our members put our liabilities at stake, we must intervene and do what is necessary to bring the situation to fruition and completion. In consenting to these Terms, you acknowledge to take part in said investigations and be in agreement by MarketStop’s conclusions. If MarketStop determines and verifies that an infringement of this Agreement has taken place, or if MarketStop concludes that your business practices may cause lawful obligations for you, our members, or us, MarketStop may take any necessitated actions and/or seek lawful solutions that it deems pertinent and judicious, including, but not constrained to, issuing a written notice, conducting a record of meeting, filing a grievance, removing any listings, ads, insulting, repugnant, or culpable material from the MarketStop website, suspending or revoking your account outright, providing Member Information to relevant authorities, filing a report with said authorities, as well as barring any person(s) who have disregarded any Terms of this Agreement with lifetime permanence. MarketStop will cooperate with any examination or investigations by any Federal, State, or County justice system. Such participation might be with or without notice to you. In the case of account suspension or complete revocation because of the infringement of MarketStop’s Terms, you will remain wholly responsible for any outstanding balance emerging from your utilization of the website, and all fees owed will be considered due and payable immediately.
- Website Managerial Rights: MarketStop has the right, but is not duty-bound or obliged to: (a) screen the website for infringement of this Agreement, (b) take lawful action against any individual who, in MarketStop’s circumspection, breaches this Agreement, including, without constraint, turning the suspected party, or parties, over to law authorities, (c) confine access to, or accessibility of, or debilitate (to the degree innovatively achievable) any client’s posting or other culpable material or any segment thereof that may abuse these Terms or any MarketStop policy in the authority of MarketStop’s sole judgment, this, without impediment, (d) expel from the website or generally impair all files and information, past or present, and substance that are inordinate in size or are, in any capacity, troublesome to MarketStop’s frameworks in authority of MarketStop’s sole prudence; this being without restriction, (e) suspend or revoke the accounts of repeat Agreement and Policy offenders, and (f) generally deal with the website in a way intended to ensure the rights and property of MarketStop and others and to facilitate the useful operation of the MarketStop website.
- Right to User Termination: WITHOUT RESTRICTING ANY OTHER ARRANGEMENT OF THIS AGREEMENT, MARKETSTOP RETAINS THE RIGHT, IN ITS SINGULAR JUDGMENT AND WITHOUT NOTICE OR OBLIGATION, TO REFUSE ACCESS TO AND UTILIZATION OF THE MARKETSTOP WEBSITE TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON AT ALL. REASONS MAY INCLUDE, WITHOUT CONFINEMENT, VIOLATION OF REPRESENTATION, GUARANTEE, OR CONTRACT CONTAINED IN THIS MEMBER AGREEMENT, OR OF ANY PERTINENT LAW, ORDINANCE, OR SET OF RULES.
- Use of MarketStop Software: It is a possibility that MarketStop may make specific computer software accessible to you from its website. In the event that you acquire noted software from the website, the software, including all documents and pictures encompassed within or created by said software, and any concomitant information are authorized for your utilization by MarketStop, for personal, non-commercial use, exclusively. Downloading and using the software does not dispatch possession of either the title or the licensed intellectual property rights for the software to the user, and MarketStop preserves any and all title to the software and all licensed property rights inclusively. You may not offer for sale, rearrange, reproduce, or duplicate the software, nor may you disassemble, break apart, dismantle, or generally modify the software to any other form in any shape or manner. All trademarks, copyrights, designs, and logos are possessed by MarketStop and/or its licensors and you may not duplicate or utilize them in any way.
- Disclaimer of Applied Warranties: YOU ACKNOWLEDGE THAT UTILIZATION OF OUR WEBSITE IS AT YOUR SINGULAR DISCRETION. THE WEBSITE AND WHAT WE HAVE TO OFFER ARE PROVIDED AS IS AND WITHOUT GUARANTEES, WARRANTIES, ALTERNATE CIRCUMSTANCES, OR CONDITIONS, ANY AND ALL LAWS TO PROTECT US APPLY TO THE FULLEST EXTENT. MARKETSTOP, ITS OFFICERS, EXECUTIVES, EMPLOYEES, AND AGENT OPERATORS EXPLICITLY RENOUNCE ANY AND ALL WARRANTIES OR GUARANTEES, REGARDLESS OF WHETHER EXPRESS, INFERRED, OR STATUTORY, CONCERNING THE MARKETSTOP WEBSITE AND ITS UTILIZATION BY YOU, INCLUDING, BUT NOT RESTRICTED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, READINESS FOR A SPECIFIC PURPOSE, NON-ENCROACHMENT, AND NON-OBSTRUCTION WITH YOUR SATISFACTION WITH THE MARKETSTOP WEBSITE OR WHAT IT OFFERS. NOTE: A few states do not permit the “Disclaimer of Applied Warranties,” so this disclaimer may not be pertinent to you.
MARKETSTOP DOES NOT GUARANTEE THE ACCURACY OR TOTALITY OF THE WEBSITE’S SUBSTANCE AND CONTENT AND ACCEPTS NO LIABILITY, RESPONSIBILITY, OR OBLIGATION CONCERNING ANY AND ALL (A) ERRORS, OVERSIGHTS, OR MISCALCULATIONS OF CONTENT, (B) PROPERTY DAMAGE OR PERSONAL INJURY OF ANY SORT AT ALL SUBSEQUENT TO AND/OR CAUSED BY YOUR ACCESSING AND UTILIZING THE WEBSITE, (C) ANY UNAPPROVED CONNECTION TO OR UTILIZATION OF OUR PROTECTED SERVERS AND/OR ANY INDIVIDUAL DATA AND/OR FINANCIAL DATA STORED THERE, (D) ANY INTERFERENCE OR DISCONTINUANCE OF TRANSMISSION TO OR FROM THE SITE, (E) ANY VIRUSES, TROJANS, BUGS, OR SIMILAR, WHICH MAY BE TRANSMITTED TOWARD, INTO, OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AS WELL AS (F) ANY ERRORS OR EXCLUSIONS IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY SORT CAUSED BECAUSE OF THE UTILIZATION OF ANY CONTENT POSTED, TRANSMITTED, OR GENERALLY, MADE ACCESSIBLE BY MEANS OF THE MARKETSTOP WEBSITE. MARKETSTOP DOES NOT WARRANT, ADVOCATE, INSURE, OR ACCEPT ACCOUNTABILITY FOR ANY ITEM OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE MARKETSTOP WEBSITE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY AD BANNER OR OTHER AD PROMOTION. ADDITIONALLY, MARKETSTOP WILL NOT BE A PARTY TO, OR IN ANY CAPACITY BE ACCOUNTABLE FOR, OBSERVING AND MONITORING ANY EXCHANGE BETWEEN YOU AND THIRD-PARTY MERCHANTS OF ITEMS OF SERVICES. WHEN PURCHASING ITEMS OR SERVICES THROUGH ANY CHANNEL OR IN ANY ENVIRONMENT, YOU SHOULD ALWAYS UTILIZE YOUR UTMOST DISCRETION AND PRACTICE PRUDENCE AND CAUTION WHERE APPLICABLE, TYPICALLY, AT ALL TIMES.
YOU COMPREHEND AND ACKNOWLEDGE THAT THE LIABILITY WHEN SECURING ANY DATA, MATERIAL, PRODUCTS, OR SERVICES THROUGH THE MARKETSTOP WEBSITE EXPLICITLY RESTS UPON YOUR SHOULDERS AND THAT YOU WILL BE EXCLUSIVELY CULPABLE FOR ANY AND ALL DAMAGE, MONETARILY OR OTHERWISE, THAT MAY RESULT FROM ANY AND ALL TRANSACTIONS OR EXCHANGES. NO GUIDANCE OR INFORMATION, WRITTEN OR BY WORD OF MOUTH, ACQUIRED BY YOU FROM MARKETSTOP, WILL FORGE OR ESTABLISH ANY WARRANTY NOT EXPLICITLY DECLARED IN THIS USER AGREEMENT.
- Liability Limitations: UNDER NO CIRCUMSTANCES WILL MARKETSTOP OR ITS OFFICERS, EXECUTIVES, EMPLOYEES, OPERATORS, PARENTS/GUARDIANS, SUBSIDIARIES, COLLEAGUES, AND BUSINESS PARTNERS BE RESPONSIBLE TO YOU OR ANY THIRD-PARTY FOR ANY ABERRANT, IMPLIED, ANCILLARY, AMBIGUOUS, COINCIDENTAL, UNIQUE, NOTEWORTHY, SIGNIFICANT, OR PUNITIVE DAMAGES, (HOWEVER EMERGING, CONSISTING OF, BUT NOT CONSTRAINED TO, DAMAGES FOR CARELESSNESS OR MOTIVE), INCLUDING BUT NOT RESTRICTED TO, DAMAGES FOR THE EXPENSE OF OBTAINING COUNTERFEIT PRODUCTS OR THE LOSS OF GAINS, INFORMATION, OR OTHER IMPALPABLE ITEMS, PRODUCED OR DERIVED FROM OR IN CONJUNCTION WITH (I) OUR WEBSITE, SERVICES, PROVISIONS, OR THIS USER AGREEMENT, (II) THE ACQUISITION OF INFORMATION OR DIRECTIVES, (III) EXCHANGES ACCESSED THROUGH OR FROM THE WEBSITE AND/OR SERVICES, OR (IV) UNWARRANTED ACCESS TO OR THE MODIFYING OF MEMBERS’ TRANSMISSIONS OR INFORMATION, REGARDLESS OF WHETHER MARKETSTOP HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES Will MARKETSTOP BE HELD ACCOUNTABLE FOR ANY DAMAGES AT ALL CULMINATING FROM THE PROCLAMATIONS OR BEHAVIOR OF ANY THIRD-PARTY, OR THE INTERFERENCE, SUSPENSION, OR COMPLETE REVOCATION OF THE SERVICES, REGARDLESS OF WHETHER SUCH INTERFERENCE, SUSPENSION, OR REVOCATION WAS LEGITIMIZED OR NOT, COINCIDENTAL OR DISCORDANT, OR WILLFUL AND DELIBERATE. DESPITE ANYTHING CONTAINED IN THIS USER AGREEMENT, MARKETSTOP’S RESPONSIBILITY TO YOU FOR ANY REASON AT ALL, AND REGARDLESS OF THE TYPE OF ACTION, WILL CONSISTENTLY BE RESTRICTED TO THE AMOUNT PAID, IF ANY, BY YOU TO MARKETSTOP FOR MARKETSTOP’S SERVICES DURING THE TERM OF YOUR UTILIZATION OF THE SITE. NOTE: A few states do not permit the impediment or prohibition of warranties or of obligations for accidental or significant damages, so a portion of the preceding may not be pertinent to you.
- Affiliated Sites: MarketStop holds no authority over, and no accountability for, any third-party websites or materials. MarketStop may work with various associates whose Internet websites might be connected with the website. Since neither MarketStop nor the website has power over the substance and efficiency of these cohort and associate websites, MarketStop makes no assurances about the accuracies, currencies, substance, characteristics, or disposition of the data presented by such websites, and MarketStop accepts no accountability for inadvertent, offensive, objectionable, imprecise, deceiving, ambiguous, or illicit content that may exist on those websites. Correspondingly, now and again, regarding your utilization of the MarketStop website, you may come across content (inclusive of, but not constrained to, websites) that belong to third-parties. You recognize and concur that MarketStop makes no assurances about, and accepts no accountability for, the accuracies, currencies, substance, characteristics, or dispositions of any third-party content.
- Prohibited Uses: MarketStop promulgates specific prohibitions concerning your utilization of the website. You may not act in disregarding or endeavoring to abuse any safety and/or security characteristics of the website, inclusive of, but without impediment, (a) connecting to content or information not designed for you, or accessing a server or account that you are not approved to access, (b) endeavoring to scrutinize, probe, examine, or investigate the stability, safety, security, and/or preservation of the website, or any related framework or network, or to override safety or confirmation measures without legitimate approval, (c) meddling or endeavoring to meddle with administration or service to any member, host, or networking system, including, without limitation, by presenting an virus or other damaging content to the website, over-burdening, “flooding,” “spamming,” “mail-bombing,” or “crashing,” (d) utilizing the website to circulate unsolicited emails, including, without constraint, aggrandizements of products or services, or ads for items or services, (e) falsifying any TCP/IP bundle header or any element of the header data in any email or in any utilization of the website, whatsoever, or (f) endeavoring to alter, inspect, rearrange, dismantle, or generally, lessen or endeavor to diminish, to a human-noticeable form, any of the source code utilized by MarketStop. Any infringement or violation of the framework or system safety and security may expose you to civil and/or criminal charges.
- Acts of God: MarketStop will not be amenable for neglecting to perform under the Terms of this User Agreement by the manifestation of any incident, or incidents, above and beyond its control (Act(s) of God), including, but not limited to, an Internet blackout, interferences and/or interruptions of services, a communications outage, non-performance by a services provider to MarketStop, fire, weather, terrorist acts, catastrophic events, or war.
- MarketStop User/Member/Client Indemnity: You consent to indemnify and deem MarketStop and its officers, executives, workers, operators, guardians, auxiliaries, subsidiaries, colleagues, and associates innocuous and exempt from any misfortune, liability, obligation, claim, or request, including all lawyer’s fees, made by any third-party or third-party merchant because of your utilization of the website and/or any type of activity directed under your MarketStop Member and/or Merchant Account, in disregard of this User Agreement and/or emerging from a breach of this Member Agreement, and additionally, any violation of the guarantees and warranties you have in place. Furthermore, this indemnification you consent to, includes any and all content (products and/or services) presented on the website, any exchanges with other MarketStop members, any inability to distribute merchandise or dues to other MarketStop members, or any encroachment of a third-party’s intellectual property or rights, which attempts to cause MarketStop to be accountable or liable to another party.
- Discharge: Since we are not engaged in the actual exchange among purchasers and merchants, if you have a dispute with any MarketStop members, you clear MarketStop and any and all of its officers, executives, employees, operators, parents, auxiliaries, subsidiaries, agents, partners, and affiliations from any and all cases, claims, requests, damages, and demands, (real and consequential) of any and every kind, obvious or obscure, suspected and unsuspected, disclosed and undisclosed, emerging out of or in any capacity associated with such claims and disputes. If you are a resident of California, you forgo California Civil Code Section 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which, if known by him, must materially affect his settlement with the debtor.”
- Disputes Between Members: You are exclusively accountable for your behavior. MarketStop reserves the right, but is not obligated in any way, shape, or form, to screen and adjudicate disputes among you and other members of the MarketStop website. We will help when we can, but there is no guarantee of that.
- Dispute Arbitration: The parties jointly assent with one another to present all disputes identifying with this Member Agreement, the service, or the MarketStop website to binding arbitration as per the business arbitration standards of the American Arbitration Association with the arbitration to occur in East St. Louis, Illinois. The parties acknowledge that any dispute, claim, or reason for action emerging out of, or identified with, utilization of the service or MarketStop website or this Member Agreement must be submitted inside one year after such case or reason for activity emerged or be forever banned. You and MarketStop additionally acknowledge that either party may bring claims against the other only on an individual premise and not as a plaintiff or class member in any implied class or agent or private lawyer general action or proceeding. The dialect of the arbitration will be English. Aside from what might be required by law, neither party nor an arbitrator may reveal the existence, substance, or decisions of any arbitration, hereunder, without the earlier composed assent of the two parties. Judgment on the decision can be entered in any court having jurisdiction. If a court of law refuses to authorize any of this paragraph’s limitations concerning a specific reason for action, then that reason for action can be brought forth in court, subject to the parties’ entitlement to appeal the court’s decision, with all other claims remaining liable to mediation. In the event that this consent to arbitrate is found not to apply to a specific dispute or claim, the parties consent to the individual jurisdiction and venue of the state and government courts situated in East St. Louis, Illinois, and these Terms will be translated solely under Illinois law to litigate every such dispute or claim.
- Copyright: All contents of the MarketStop website are: Copyright © 2018 MarketStop, 65 Cheshire Dr., Belleville, IL 62223. All rights reserved.
- Absence of License: Nothing contained on the MarketStop website should be understood as authorizing you license to utilize any of the trademarks, service marks, or logos owned by MarketStop or any third party.
- Notice: Any notices given pursuant to this Member Agreement that are directed to MarketStop shall be provided to us via postal mail to: MarketStop, 65 Cheshire Dr., Belleville, IL 62223. Attn: Legal. Any notice from MarketStop that is directed to you will be sent to the mailing address or email address that we have on current record for you. Notice will be presumed as having been provided twenty-four hours after email is sent, unless MarketStop is notified that the email address is inoperative or, in the case of notice sent via snail mail, seven business days after the date of mailing. MarketStop may also provide notice of revisions to these Member Agreement Terms or other matters related to MarketStop by presenting notices to members on the MarketStop website.
- General: This Member Agreement will be administered by and understood as though, per the laws of the State of Illinois, without respect to its contention of laws standards, shaped by and between Illinois residents. The parties recognize that this Member Agreement confirms an exchange involving nationwide commerce. Headings are referenced intentions only and do not, in the slightest, characterize, restrict, deduce, or describe the breadth or degree of any section. If any portion of this Member Agreement is considered unfounded or void, that component of the Agreement will be regarded divisible and will not influence the legitimacy or enforceability of any of the rest of the terms and conditions. MarketStop’s inability to act respectfully to a breach by you or others does not waive our rights to act deferentially concerning consequent or comparative breaches. You and MarketStop are independent entities. No office, association, partnership, agency, joint endeavor, employer-employee, or franchiser-franchisee liaison is intended or conceived by this Agreement. Segments 4 (Expenses, Charges, and Costs), 11 (Limited License), 19 (Disclaimer of Applied Warranties), 20 (Liability Limitations), 24 (MarketStop User/Member/Client Indemnity), 25 (Discharge), 27 (Dispute Arbitration), 30 (Notice), 31 (General), and 32 (Acknowledgement) will survive any lapse or termination of this Agreement.
- Acknowledgement: BY USING MARKETSTOP’S SERVICE OR BY ACCESSING THE MARKETSTOP WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT YOU ARE BOUND BY ANY AND ALL OTHER POLICIES PLACED ON THIS WEBSITE. ALL LINKS FOR THOSE POLICIES ARE LISTED BELOW.
ADDITIONAL POLICIES PROVIDED FOR REFERENCE
- Access our Fees Policy here. We may amend our Fee Policy on occasion, and the changes are effective immediately upon posting them to the MarketStop website. There will also be a notice posted on the Announcement Board on the Home page.
- Our Prohibited Items & Listing Policies can be located in the Terms & Conditions. We may change our Prohibited Items & Listing Policies and Terms & Conditions on occasion, and the changes are effective immediately upon posting them to the MarketStop website. There will also be a notice posted on the Announcement Board on the Home page.
- Access our Copyright/Intellectual Property Policy here.