Effective: February 25, 2021
You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Marketplace or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by Marketplace is not intended to be an endorsement, sponsorship or recommendation by Marketplace. Please be aware that when you exit the Site, you are subject to the policies of the new Site. You further acknowledge and agree that Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.
Marketplace may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Marketplace may transfer information collected from users in connection with a sale or restructuring of Marketplace.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
EXCLUSION OF WARRANTIES / DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICE, AND ANY COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH MARKETPLACE USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, MARKETPLACE GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE AND/OR COMPANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, MARKETPLACE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY COMPANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL MEET YOUR EXPECTATIONS. MARKETPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR COMPANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY COMPANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH COMPANY CONTENT OR MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETPLACE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL MARKETPLACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
System Unavailability / Errors
There may be times when the Site is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Site will always be available or is completely free of human or technological errors.
The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
Release / Indemnification
You agree to release Marketplace, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.
You agree to defend, indemnify and hold harmless Marketplace, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of Marketplace or third parties by you, or (d) any negligence or willful misconduct by you.
Governing Law and Other Miscellaneous Terms
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
As we develop our business, we might sell or buy businesses or assets. In connection with a corporate sale, merger, reorganization, dissolution or similar event, we may assign or transfer this Agreement to the person or entity acquiring the applicable assets or succeeding to the applicable business. In the event of any such transaction, this Agreement shall remain in full force and effect and shall be binding on you and any such successor and/or assign.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Marketplace which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Marketplace has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Marketplace may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
Copyright and Copyright Notices
Marketplace respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, and that the use of such materials is not fair use, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.copyright.gov for details). Notices and counter notices with respect to the Site should be sent to the Contact information listed at the bottom of this Agreement. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
CHANGES TO OUR POLICIES
This Site is operated by Marketplace. All inquiries may be directed to:
MarketPlace Innovations, LLC
6500 Chippewa St. 4th floor
Saint Louis, MO 63109