Terms of Service

OVERVIEW

This website is operated by TheWMarketplace. LLC. Throughout the site, the terms “We”, “Us” and “Our” refer to TheWMarketplace, LLC. The terms “You” and “Your” refer to You, the user.  TheWMarketplace, LLC offers its services, including this website and all information, tools and services available from us, referred to as “Services,” to You, the user, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.

By using Our Services in any way, including visiting any part of Our site and/or selling, purchasing, or advertising something through Our Services, You agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced or hyperlinked herein and/or available on Our website. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/ or contributors of Content.

Please read these Terms of Service carefully before accessing or using Our website. If You do not agree to all the terms and conditions of this agreement, then You may not access the website or use any of Our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Services shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to any of Our Services following the posting of any changes constitutes acceptance of those changes.

Our e-commerce services are hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell Our products and services to You.

SECTION 1 - ONLINE MARKETPLACE TERMS

By agreeing to these Terms of Service, You represent that You are at least the age of majority in Your state or province of residence. You are responsible for any and all activity conducted by a minor on Your account.

You represent that You have and will provide accurate information about Yourself and agree to not use false, misleading, or deceptive information or impersonate another person or company through Your account. You agree that You are solely responsible for any activity occurring on Your account, including but not limited to any financial activity associated with Your account.  Your accounts are expressly non-transferrable. If You are registering as a business entity, You personally guarantee that You have authority to agree to these Terms on behalf of the company.

You may not use Our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to intellectual property laws). You may not use a name, language or Content that is offensive, vulgar, misleading or deceptive.

You may not interfere with or disrupt our Services, including by transmitting any worms or viruses or any code of a harmful nature.

A breach or violation of any of the Terms will result in an immediate termination of Our Services to You.

These Terms do not create or constitute any relationship of agency, partnership, joint venture, employment or franchisee.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various  networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, access to the Services, or any contact on the website through which the Services are provided, without express written permission by Us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this site at any time, but We have no obligation to update any information on Our site. You agree that it is Your responsibility to monitor changes to Our site.

SECTION 4 – PRICING AND MODIFICATIONS TO THE SERVICE

Pricing as of 9/26/2020 is as follows:

Join us prior to our September launch to receive ZERO listing fees until January 2021! Starting in January 2021:

1. Merchants will pay an annual shop fee of $40, plus an 8% commission on the total order value, including shipping & 3% payment processing fee on the total value of transactions including shipping.


2. Professional Service providers will pay an annual fee and be offered additional promotional and advertising opportunities.


Tier One $99/year.  No additional promotional benefits.

Tier Two $499/year.  Listing + the following benefits:
• 1 month homepage button ad

• 2 social media placements across three platforms

• 1 week Homepage premium carousel placement

• 1 Newsletter banner ad


Tier Three: $999/year.  Listing + the following benefits:
• 2 months homepage button ad

• 4 social media placements across three platforms

• 2 weeks Homepage premium carousel placement

• 2 Newsletter banner ads

 
Tier Four: $1,500/year.  Listing + the following benefits:
• 3 months homepage premium button ad

• 6 social media placements across three platforms 

• 4 weeks homepage premium carousel placement

• 4 Newsletter banner ads

Prices for Our products and Services are subject to change without notice.  We reserve the right at any time to modify Our pricing or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to Our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of products that appear on our website. We cannot guarantee that Your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of products or services offered through Our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered through Our Services. All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Services will be corrected.

SECTION 6 – YOUR CONTENT

Any Content you post through our Services is Your “Content.” You are solely responsible for Your Content and represent that You have all rights to Your Content and are not violating or infringing on any third party’s rights by posting Your Content.  By posting Your Content on Our website, You are granting Us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. You agree not to assert any moral rights or rights of publicity against Us for using Your Content and recognize Our legitimate interest in using it pursuant to this license to the extent Your Content contains any personal information.

We reserve the right to terminate and remove Your Content and Your account if We receive proper notice that You infringe on another person’s intellectual property.

You agree that You will not post any Content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of Our Terms. You also agree not to post any Content that is false and misleading or uses Our website in a manner that is fraudulent or deceptive.

SECTION 7 – YOUR USE OF OUR SERVICES

We grant You a limited, non-exclusive, non-transferable, and revocable license to use Our Services subject to these Terms.

You agree that You will not violate any laws in connection with Your use of the Services, including any local, state, federal, and international laws that may apply to You or the Services. You may not sell anything that violates any laws, and You may not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against us, another user, or a third party.

You are responsible for paying all fees that You owe to Us. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales You make through Our Services.

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using Our Services or any content therein: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other prohibited basis; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Services or any related website for violating any of the prohibited uses.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.

For more detail, please review Our Refunds Policy.

ECTION 9 - OPTIONAL TOOLS

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

Any use by You of optional tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain Content, products and services available via Our Services may include materials from third parties.

Third-party links on Our website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy, and We do not warrant and will not have any liability or responsibility for, any third-party materials, content or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

You release Us from any claims, demands, and damages arising out of disputes with other users or parties.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSION

If, at Our request, You send certain specific submissions (for example contest entries), or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove Content that We determine in Our sole discretion is unlawful, abusive, false, misleading, deceptive, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Our Services or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any Content, including comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by Our Privacy Policy. To view Our Privacy Policy, click here.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on Our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that Your use of Our services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of Our Services will be accurate or reliable.

You agree that from time to time We may remove Our Services for indefinite periods of time or cancel the Services at any time, without notice to You.

You expressly agree that Your use of, or inability to use, Our Services is at Your sole risk. The Services and all products and services delivered to You through the Our Services are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You understand that We do not manufacture, store, or inspect any of the items sold through Our Services. We provide the venue; the items and services in Our marketplaces are produced, listed, and sold directly by independent sellers, so We cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item or service You purchase through Our Services must be brought directly against the seller of the item or services. You release Us from any claims related to items sold through Our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.

You understand that We do not screen users of the Service, and in no case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the service or any products procured using the service, or for any other claim related in any way to Your use of the service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the service or any Content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

WARRANTIES.  YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Us, including any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your action, use or misuse of Our Services, breach of these Terms of Service or the documents they incorporate by reference, or Your or Your account’s violation of any law or the rights of a third-party.

We reserve the right to complete control and discretion over Our legal defense, even if You are indemnifying Us, and You agree to cooperate with Our legal defense, including Our strategy.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms, Our Services, or your account for all purposes.

These Terms of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us that You no longer wish to use Our Services.

If in Our sole judgment You fail, or We suspect that You, Your Content or Your use of Our Services have failed, to comply with any term or provision of these Terms of Service, We also may terminate or suspend your account or Our Services at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).

If You or We terminate Your account, You may lose any information associated with Your account, including Your Content.

SECTION 17 - ENTIRE AGREEMENT

The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Us on this site or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – DISPUTES AND GOVERNING LAW

These Terms of Service and any separate agreements whereby We provide You Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where You reside, subject to any mandatory consumer protection provisions of Your local consumer protection laws.

You agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section) unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction

Waiver of Class Action Rights Any arbitration under these Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, You and We are each waiving the right to trial by jury or to participate in a class action or class arbitration.** Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of Your claim does not exceed $10,000 USD, We will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Any legal action against Us related to our Services must be filed and take place in King County, Washington, in the United States of America. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Seattle, Washington, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, You agree to submit to the personal jurisdiction of a state or federal court located in King County, Washington.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

Except as specifically provided herein, We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our website. It is Your responsibility to check Our website periodically for changes. Your continued use of or access to Our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@thewmarketplace.com