You agree to comply with and be bound by the following Terms:
MerchantQ serves as an online marketplace to allow qualifying users to offer for sale, goods and services. MerchantQ has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, MerchantQ has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before You purchase goods from the Site.
You may use the Services and the Site and the content owned and provided by MerchantQ (singularly and collectively, the “MerchantQ Content”) solely in connection with the intended purposes of the Site. No right, title or interest in any MerchantQ Content is transferred to You. MerchantQ retains all of its intellectual property rights in all MerchantQ Content. Except as expressly authorized by this Agreement, or otherwise agreed to by MerchantQ, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any MerchantQ Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by MerchantQ.
You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the MerchantQ Content. You agree not to add to, subtract from, or otherwise modify the MerchantQ Content, or to attempt to access any MerchantQ Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.
While using the Site You will not:
Be false, misleading, inaccurate or include inaccurate, misleading or false information to a buyer/customer or on any MerchantQ Ad space which You maintain.
Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
Violate any local, state, federal or other applicable laws or the rights of third party parties.
Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
Fail to deliver payment for items purchased by You.
Fail to deliver items purchased from You if You are a Seller.
Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.
Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.
Be libelous or defamatory with any information posted on the Site.
Disseminate or display spam, chain letters or pyramid schemes.
Contain or transmit code or employ other actions which may harm MerchantQ, the Site, the Merchant Content or the interests or property of MerchantQ users.
Copy, modify, or distribute content from the Site and/or MerchantQ copyrights and trademarks unless agreed to by MerchantQ.
Collect information about users, including email addresses, without their consent.
Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or (c) provides pirated content or links to pirated content files.
Be obscene or post any information that contains pornography including child pornography.
Violate the Seller’s Agreement, as the case may be, if You are a seller.
Use any automated means to access the Site for any purpose without the express written permission of MerchantQ.
Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by MerchantQ.
You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the “Third Party Content”) that You submit, post, and display on MerchantQ. Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree MerchantQ has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases, You may encounter Third Party Content which You find is inaccurate, inappropriate, inflammatory or otherwise of concern to You.
MerchantQ makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in Ad Space or in any links appearing within Your Ad Space. You agree that MerchantQ does not pre-approve or review Third Party Content; however, MerchantQ retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of MerchantQ, such Third Party Content violates the Terms.
The Site and the MerchantQ Content are protected by laws of the United States, and belongs solely to MerchantQ. You may not use, change or amend in any way the Site or the MerchantQ Content without the prior written approval of MerchantQ. As a Seller, You are granted a revocable non-exclusive license as part of the Store Owner’s Agreement, as the case may be, to utilize references to MerchantQ and its logo in connection with linking to Your Ad Space on the Site from other web pages.
MerchantQ does not claim ownership rights in Your Third Party Content. When You post or display Third Party Content on the Site, You grant to MerchantQ a license to use and display the Third Party Content on the Site. You grant MerchantQ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) You have in the Third Party Content, in any media now known or not currently known, with respect to Your Third Party Content. In the event a third party re-posts Your Third Party Content, You agreed to hold MerchantQ harmless from any liability arising out of a dispute concerning the re-posting of Your Third Party Content.
MerchantQ works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support@MerchantQ.com
MERCHANTQ ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, THE MERCHANTQ CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. MERCHANTQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE MERCHANTQ CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. MERCHANTQ DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR -THE ACCURACY OR COMPLETENESS OF THE MERCHANTQ CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE MERCHANTQ CONTENT, THIRD PARTY DATE OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES, AND THE MERCHANTQ CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS OR SELLERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
YOU AGREE TO INDEMNIFY AND HOLD MERCHANTQ (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON AN AD SPACE AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE MERCHANTQ CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.
YOU HEREBY FURTHER RELEASE MERCHANTQ (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO PERMIT PARTIES TO ENTER INTO TRANSACTIONS FOR ALL KINDS OF GOODS AND SERVICES AND OTHER ACTIVITIES. MERCHANTQ HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE GOODS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF THE INFORMATION SET FORTH IN THE AD SPACES, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
If a dispute arises between You and MerchantQ, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against MerchantQ in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions.
Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater Snowflake, Arizona area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Snowflake, Arizona.
Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the Snowflake, Arizona office of the American Arbitration Association. Such arbitration proceedings will be conducted in Snowflake, Arizona and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.
MerchantQ retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by MerchantQ to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with MerchantQ.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.
You and MerchantQ are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms are effective March 1, 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.