These Mt. Hope Marketplace Seller Terms and Conditions (the “Seller Terms”), together with any applicable order form (the “Order Form”) (collectively, the “Agreement”), constitute a binding agreement between Mt. Hope Marketplace, LLC (“Mt. Hope Marketplace”) and the person or entity and their agents (“Customer”) who purchase the applicable services through an Order Form (the “Service”). Mt. Hope Marketplace and Customer may each be referred to individually as a “Party”. By executing an Order Form that references these Seller Terms, Customer agrees to be bound by these Seller Terms and all terms Incorporated by reference, which Include: the Mt. Hope Marketplace Terms of Service available at www.mthopemarketplace.com and Mt. Hope Marketplace Privacy Policy, available at www.mthopemarketplace.com (“Privacy Policy”). The General Terms and Privacy Policy are hereby fully Incorporated into these Seller Terms, and Customer acknowledges they have read and agree to the General Terms and acknowledge the terms of the Privacy Policy. In particular, Customer should note that the General Terms Include a mandatory arbitration provision and class action waiver. Unless otherwise noted, in the event of any conflict or inconsistency among the Seller Terms, the Order Form, and the General Terms, precedence will be given in the following order: (a) the Order Form, (b) the Seller Terms, and (c) the General Terms. Any defined terms not defined in the Seller Terms will have the definition given to them in the Order Form or the General Terms.
Mt. Hope Marketplace grants Customer a nonexclusive, nontransferable, worldwide right to access and use the Service during the Term. By purchasing access to, or otherwise using the Service, Customer agrees to pay the applicable service fees stated on the website (mthopemarketplace.com) and to use the Service in compliance with these Seller Terms and any documentation or policies provided by Mt. Hope Marketplace that are applicable to the Service.
By enrolling in the Services, Customer acknowledges and agrees to the following:
Mt. Hope Marketplace reserves the right in its sole discretion to:
Except as set forth herein, Mt. Hope Marketplace will not be liable to Customer for taking any of the actions listed above. Mt. Hope Marketplace may terminate Customer’s use of the Service at any time, for any or no reason, and without prior notice. In the event that Mt. Hope Marketplace terminates Customer’s access to the Service for any reason other than Customer’s breach of these Seller Terms, or if Mt. Hope Marketplace modifies the Service in a manner that materially impacts Customer’s use of the Service, Customer’s sole remedy for such termination will be the refund of the pro-rata amount (if any) of any prepaid amounts for the Services that Customer had not yet used at the time of termination or modification.
Mt. Hope Marketplace will bill you for all Service Fees due in advance for your use of the Services. Unless otherwise communicated to you, credit card and ACH payments are due prior to any posting on Mt. Hope Marketplace. If a payment is not processed for any reason, Mt. Hope Marketplace may suspend access to the Service until payment is made. Customer may not access the Service except during a paid-up Term. Except as otherwise stated, all Service Fees owed during the Term are non-cancellable and non-refundable.
The effective period of Customer’s Service for each posting on Mt. Hope Marketplace is set forth at the time of sale, which includes the initial term (“Initial Term”) and, as applicable, subsequent renewal term(s) (“Renewal Terms”) (collectively, the “Term”).
Service Fees are subject to change at Mt. Hope Marketplace’s discretion. Mt. Hope Marketplace will provide Customer with at least 30 calendar days advance notice of any price increase. The price increase will go into effect at the start of Customer’s next applicable Renewal Term. A price increase notice may be in the form of an email or an invoice. After receiving such notice, the new pricing will supersede the pricing listed in Customer’s pre-existing Order Form. If Customer does not want to pay the increased price for the Services, then Customer should elect not to renew the Services and must terminate the Services in accordance with the terms herein.
Mt. Hope Marketplace reserves the right to change these Seller Terms or any terms contained in applicable posting orders from time to time. Changes may, for example, be made to accommodate new products or services, to comply with changing laws or regulations, or otherwise to better adapt the Agreement to our Service and offerings. If Mt. Hope Marketplace makes a material change to these Seller Terms (as solely determined by Mt. Hope Marketplace), Mt. Hope Marketplace will notify Customer at least 30 days prior to the effectiveness of the change. Such notice will be provided by either email, an invoice, or an in-Service notification. Upon receipt of the notice, it is your responsibility to read any such notice and changes carefully. If Customer does not wish to accept the updated and modified Seller Terms, they should elect to not renew their order for Services. Unless a timely Service cancellation is received from Customer, any continued use of the Services after the start of Customer’s next applicable Renewal Term will constitute acknowledgment and agreement of the modified Terms. Mt. Hope Marketplace reserves the right to change the General Terms or Privacy Policy at any time without notice.
Mt. Hope Marketplace does not grant Customer a license, express or implied, to any Mt. Hope Marketplace intellectual property except as specifically authorized by these Seller Terms. All the technology and intellectual property used in providing the Service, including computer software programs, websites, networks, and equipment, and any content (collectively, the “Mt. Hope Marketplace Technology”) is the property of Mt. Hope Marketplace or its third-party content suppliers and is protected by United States and international copyright and trademark laws.
Customer shall only use the Mt. Hope Marketplace Technology and services as set forth in an Order Form or these Seller Terms, and not for the benefit of any third-party unless expressly permitted by these Seller Terms. Customer shall not:
Mt. Hope Marketplace may be required by law to provide copies of Customer communications about the Service or third-party products or services. By executing an Order Form, registering for an account, sending Mt. Hope Marketplace an electronic message, or otherwise communicating with Mt. Hope Marketplace, Customer has agreed to communicate with Mt. Hope Marketplace electronically, which may include receiving emails from Mt. Hope Marketplace or its partners.
Customer will be asked to choose a password and a username. Customer is solely responsible for maintaining the confidentiality of the password, username, and other account information. Furthermore, Customer is solely responsible for all activities that occur under its account with Mt. Hope Marketplace. Mt. Hope Marketplace will not be liable for any loss or damages that Customer may incur as a result of the use by any party, authorized or otherwise, of Customer’s password or account. Customer shall notify Mt. Hope Marketplace immediately of any unauthorized use or access of the account or any other breach of security.
Customer agrees to comply with all laws and regulations applicable to the business in which Customer operates. This includes, but is not limited to, advertising laws, deceptive pricing laws, and all other applicable consumer protection laws (“Applicable Laws”). When listing items for sale on Mt. Hope Marketplace in a Post, Customer acknowledges and agrees that Customer (not Mt. Hope Marketplace) is responsible for including all necessary disclosures, information, and any other requirements mandated by the Applicable Laws. Furthermore, Customer agrees to indemnify Mt. Hope Marketplace, their employees, and directors from any and all claims that Customer is in violation of any Applicable Laws by an end user, government agency, or other regulatory body.
Customer shall not use the Service for any purpose that is unlawful, illegal, or prohibited by these Seller Terms. This prohibition includes, but is not limited to, using the Service in a manner that could damage, disable, overburden, or impair any Mt. Hope Marketplace server, or the networks connected to any Mt. Hope Marketplace server, or interfere with any other party’s use and enjoyment of any of the Service. Customer shall not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to Mt. Hope Marketplace through hacking, password mining, or any other improper means. Customer shall not obtain or attempt to obtain any Mt. Hope Marketplace proprietary materials or business information through any means not intentionally made available through the Service.
The Service is made available to Customer on an “as is” and “as available” basis, unless otherwise specified in writing. To the fullest extent permissible by applicable law, Mt. Hope Marketplace disclaims all warranties, express or implied, including the implied warranties of merchantability, noninfringement, and fitness for a particular purpose. The remedies described in this section are Customer’s only remedies for any breach of warranty or any other claim.
Mt. Hope Marketplace’s total liability arising out of the Service, whether based on warranties, claim of negligence, or otherwise, shall not in any case exceed the cost paid by Customer to access the Service during the twelve-month period preceding the events giving rise to the claim or $300, whichever is less. Mt. Hope Marketplace will not be liable to Customer or any third party for any incidental, consequential, or special damages, including damages for loss of data, goodwill, use of money, stoppage of work, or any other claim.
This Agreement constitutes the entire agreement and understanding between the Parties and supersedes any prior agreement or understanding with respect to the subject matter hereof. Neither failure nor delay by either party in exercising any right under this Agreement will operate as a waiver of such right. If any provision of this Agreement is held invalid or unenforceable by a body of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect and, if legally permitted, such provision will be replaced with an enforceable provision, so as to come as close as possible to achieving the purpose of such unenforceable provision.
