These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "Mt. Hope Marketplace Services" or "Services") provided by Mt. Hope Marketplace, LLC. ("Mt. Hope Marketplace", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 21 AND 22, WHICH REQUIRE THAT DISPUTES, INCLUDING DISPUTES ARISING FROM INCIDENTS OR INTERACTIONS OCCURRING PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE BASIS, AS PROVIDED IN SECTION 21 OR 22. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 21 OR 22.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. YOU FURTHER AGREE THAT THE AMENDED TERMS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD. SUCH APPLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO, APPLICATION OF THE AMENDMENTS IN SECTION 21 REGARDING CONSOLIDATION OF DISPUTES, WHICH SHALL APPLY TO ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED, OR ARBITRATION WAS INITIATED, PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS. If you do not agree to the amended Terms, you must stop using our Services.
From time to time, Mt. Hope Marketplace introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
To contact Mt. Hope Marketplace regarding the Services or your account, please utilize the support email provided.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. By agreeing to these Terms, you also acknowledge that you have been provided notice of our Privacy Policy.
You must be at least 18 years of age to use our Services.
If you are registering to use the Mt. Hope Marketplace Services on behalf of a legal entity, you represent and warrant that:
If you use our Services on behalf of another person or entity:
Additionally, to use the Services, you must not:
You may need to register for an Mt. Hope Marketplace account to access some or all of our Services. If you register for any account in connection with the Services, you must:
Additionally, you may only register for an Mt. Hope Marketplace account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Mt. Hope Marketplace account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.
The Mt. Hope Marketplace Services allow you to post items for sale by uploading pictures and providing item descriptions. Mt. Hope Marketplace charges a fee to post items. For more information on how and when fees are charged, see below.
When a buyer and seller agree on a price for an item posted for sale on the Services, items must be paid for outside of the Mt. Hope Marketplace Services...
The Mt. Hope Marketplace Services allow businesses to post job openings for a fee, which shall be determined solely by Mt. Hope Marketplace and may vary according to your location, length of job posting, etc. Mt. Hope Marketplace Jobs postings are only available for employment at businesses, not by individuals at this time, and only for positions based within the United States. You may not post any job openings that violate the Mt. Hope Marketplace guidelines specified herein.
By posting a job on Mt. Hope Marketplace, you are responsible for ensuring the content of your posting complies with any and all applicable laws, including any local requirements regarding non-discrimination, disclosure of wages and benefits, age requirements for jobs, and other employment-related disclosures for job postings. Mt. Hope Marketplace in no way participates in the job application or screening process. All communications between Mt. Hope Marketplace users and potential employers will occur outside of the Mt. Hope Marketplace Platform. Mt. Hope Marketplace may at any time, at its sole discretion, remove any job posting for any reason without providing prior notice.
All purchases made using the Mt. Hope Marketplace are made directly between you and the other party according to these Terms and any other terms the parties mutually determine. Mt. Hope Marketplace is not a party to such transactions and disclaims any and all responsibility to facilitate such transactions or provide refunds or returns.
Mt. Hope Marketplace is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and Mt. Hope Marketplace is not liable for any losses, damages, or delays related to shipping. Users ship any item at their own risk.
You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.
You are required to collect all applicable sales taxes for sales made through the Mt. Hope Marketplace Services.
Our Services allow you and other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, company logos or marks, job descriptions, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Mt. Hope Marketplace.
You grant Mt. Hope Marketplace a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Mt. Hope Marketplace Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Mt. Hope Marketplace Services any User Content that:
Mt. Hope Marketplace assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Mt. Hope Marketplace has no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. No refunds will be provided for any content removed by Mt. Hope Marketplace pursuant to the terms contained herein.
You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the foregoing, you will not:
You will establish and use your Mt. Hope Marketplace account only in accordance with any guidelines issued by Mt. Hope Marketplace. Without limiting the foregoing, you will not:
If you engage in any of the conduct described above or similar conduct, Mt. Hope Marketplace may suspend or terminate your right to access the Services. Enforcement of this Section 6 is solely at Mt. Hope Marketplace's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Mt. Hope Marketplace or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.
Mt. Hope Marketplace may revoke or terminate your License to access or use the Mt. Hope Marketplace Services for any reason without notice at Mt. Hope Marketplace's sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you:
You will stop accessing or using the Mt. Hope Marketplace Services immediately if Mt. Hope Marketplace suspends or terminates your License to access or use the Mt. Hope Marketplace Services. Mt. Hope Marketplace reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Mt. Hope Marketplace Services during suspension or after termination. Mt. Hope Marketplace may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Mt. Hope Marketplace Services is suspended and after it is terminated.
“Mt. Hope Marketplace” and mthopemarketplace.com are the sole and exclusive property of Mt. Hope Marketplace, LLC, and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons, and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Mt. Hope Marketplace Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Mt. Hope Marketplace or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Mt. Hope Marketplace Services by using the Feedback in Mt. Hope Marketplace's sole discretion. You understand that Mt. Hope Marketplace may treat Feedback as nonconfidential.
You may report alleged intellectual property rights violations or counterfeit items to Mt. Hope Marketplace.
Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Mt. Hope Marketplace's designated agent at the email address provided.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Mt. Hope Marketplace for certain costs and damages.
Certain elements of the Mt. Hope Marketplace Services include or may be presented by third-party partners, including, without limitation, job provider services, home services, and real estate rentals (“Third Party Materials”). These Third-Party Materials are beyond Mt. Hope Marketplace’s control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. Mt. Hope Marketplace has no obligation to monitor Third-Party Materials, and Mt. Hope Marketplace may block or disable access to any Third-Party Materials (in whole or in part) through our Services at any time. Your dealing or correspondence with third parties and your use of or interaction with any Third-Party Materials are solely between you and the third party.
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Mt. Hope Marketplace does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Your access to and use of Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content or Third-Party Materials (including terms of service or privacy policies of the providers of such Third-Party Materials). To engage with third-party partners, you may be taken outside of the Services to engage with the third-party partner directly. In such a case, you will become subject to their respective terms and conditions and privacy policies. Mt. Hope Marketplace is not responsible for the content, information, products, or services provided by third-party partners through Third-Party Materials or Third-Party Content, and you agree that Mt. Hope Marketplace has no liability arising from your access to or use of Third-Party Materials or Third-Party Content. You agree not to assert against Mt. Hope Marketplace any claims related to the third-party partner, Third-Party Materials, or Third-Party Content, and acknowledge that the assumption of risk outlined in Section 17 also applies to third-party partners or any individuals that you may encounter when using Third-Party Materials or Third-Party Content. You also agree that your indemnification obligations outlined in Section 14 extend to any claims arising out of or relating to your access to or use of Third-Party Materials or Third-Party Content.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Mt. Hope Marketplace and our subsidiaries and affiliates, and our officers, directors, agents, partners, and employees (individually and collectively, the "Mt. Hope Marketplace Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising out of or related to:
You agree to promptly notify the Mt. Hope Marketplace Parties of any third-party Claims, cooperate with the Mt. Hope Marketplace Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Mt. Hope Marketplace Parties will have control of the defense or settlement, at Mt. Hope Marketplace's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Mt. Hope Marketplace or the other Mt. Hope Marketplace Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Mt. Hope Marketplace does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, Mt. Hope Marketplace and the other Mt. Hope Marketplace Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Mt. Hope Marketplace or the other Mt. Hope Marketplace Parties have been advised of the possibility of such damages.
The total liability of Mt. Hope Marketplace and the other Mt. Hope Marketplace Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to Mt. Hope Marketplace in the 12 months preceding the event that gave rise to the claim.
The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Mt. Hope Marketplace or the other Mt. Hope Marketplace Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 5). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH MT. HOPE MARKETPLACE'S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, MT. HOPE MARKETPLACE DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS, AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 14-17 OF THESE TERMS.
To the fullest extent permitted by applicable law, you release Mt. Hope Marketplace and the other Mt. Hope Marketplace Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users, job applicants and job posters, and the acts or omissions of third parties.
In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
If you are a law enforcement agency, we may work with you to assist in ongoing matters related to alleged violations of the law. Please visit this page for more information.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Mt. Hope Marketplace and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
You and Mt. Hope Marketplace agree that any past, present, or future dispute arising out of or related to these Terms or our Services is personal to you and Mt. Hope Marketplace, and that any dispute will not be brought as a class arbitration, class action, or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Mt. Hope Marketplace related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
You and Mt. Hope Marketplace waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any past, present, or future dispute or claim that you have against Mt. Hope Marketplace or relating in any way to the Services, you agree to first contact Mt. Hope Marketplace and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Mt. Hope Marketplace by email at the address provided.
The Notice must include:
Our notice to you will be similar in form to the above. If you and Mt. Hope Marketplace cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, the claim shall be decided by arbitration administered and in accordance with the applicable Arbitration Rules of the American Arbitration Association. This agreement to arbitrate shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. The arbitration hearing shall take place in Wooster, Ohio. You are responsible for the costs of arbitration. If Mt. Hope Marketplace prevails at arbitration, you shall be responsible for any and all attorney fees incurred by Mt. Hope Marketplace for such arbitration, and you must reimburse Mt. Hope Marketplace within thirty (30) days of the arbitration decision.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Ohio, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of Ohio and the United States, respectively, sitting in Wayne County, Ohio.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Mt. Hope Marketplace to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Mt. Hope Marketplace is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Mt. Hope Marketplace.
