MerchantQ (sometimes herein “MerchantQ,” “We” or “Us”) offers services through the domain www.HandmadeThingys.com (sometimes herein the “Site”). You, as a buyer, may purchase goods and services from store owners (“Store Owners”) on the Site who have an online storefront (“Storefront”). The following provisions set forth the policies applicable to any purchase(s) You make on or from the Site. By using the services and features (the “Services”) offered through the Site, you (“User” or “You,” or “Your” which collectively includes you and any other person or entity on whose behalf you may be acting) are accepting and agreeing to the terms (“Terms”) set forth below (“Buyer’s Agreement”), which will constitute a binding agreement between You and MerchantQ.
You may use our Services, the Site, and any content contained thereon only if used for the intended purposes of the Site.
You agree You will not hold MerchantQ or any party affiliated with MerchantQ liable for any action, or inaction of any user of the Site or with respect to goods or services they might sell from a Stoerefront. MerchantQ is a marketplace that permits users to offer, sell and buy products and services. MerchantQ is not directly involved in the transaction between a Store Owner and a buyer. As a result MerchantQ has no control over the ownership, quality, safety, morality, pricing, content or legality of any aspect of the products or services being sold. MerchantQ does not pre-screen Store Owner’s, goods, services or the content or information provided by Store Owners. MerchantQ cannot ensure that a buyer or Store Owner will actually complete a transaction.
You agree to indemnify and hold MerchantQ, its members, directors, officers, employees, service providers, suppliers and agents, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of the information you submit, post or make available through the Site or your use of the Site.
YOU AGREE UNDER NO CIRCUMSTANCES SHALL MERCHANTQ BE LIABLE FOR DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL , EXEMPLARY OR OTHER DAMAGES (EVEN IF MERCHANTQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY.
MerchantQ has no liability whatsoever for the amounts charged by Store Owners in shipping goods and services to buyers. The amount of shipping and administrative charges charged by a Store Owner is purely a personal matter between a Store Owner and a buyer.
THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. MERCHANTQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MERCHANTQ ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCHANTQ DOES NOT WARRANT THIS SITE OR ARE FREE OF VIRUSES OR OTHER HARMFUL MATTER. WE DO EVERYTHING IN OUR POWER TO KEEP THE SITE SAFE BUT THERE ARE CRIMINALS OUT THERE THAT DO EVERYTHING THEY CAN TO BREAK SECURITY MEASURES. WE WILL DO OUR BEST TO STAY AHEAD OF THAT THREAT. MERCHANTQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MerchantaQ works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact us at firstname.lastname@example.org
These Terms are effective March 25, 2016, for current Users, and upon use of the Site by a new User. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.