TERMS OF US
Welcome to marketsunite.com. In order to use our Site, you must agree to our Terms of Use, they contain many legal disclosures that should be read carefully, these terms include the terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site. If you have any questions about these Terms of Use email us at info@marketsunite.com.
Please review our Privacy Policy, which also governs your visit to marketsunite.com, which will help you understand our practices.
MarketsUniteLLC, (“MarketsUnite” or “we” or“us” or “our”) operates this website, www.MarketsUnite.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the “Site” in these Terms of Use. By using our Site and MarketsUnite services through the Site, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the “Terms of Use” or “Agreement”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY MARKETSUNITE SERVICE OFFERED THROUGH THE SITE.
The Site provides an interactive online service operated by MarketsUniteLLC., whose primary objective is to promote and market certain merchants,private individuals, automobiles, real estate, goods, services, events,to its users from the issuing Merchants or other parties identified in the terms of each listing and subject to the Terms of Sale set forth below.
As a condition of your use of this Site, you agree that:
(a)You are an individual person at least 18 years of age; (b)You possess the authority to create a binding legal obligation; (c) Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account: (a)You may create only one account for your personal use; (b) you may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers; (c) You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another; (d) You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete;
You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (g) is not intended to circumvent or violate the letter and spirit of this Agreement and the lawful functioning of MarketsUnite.com marketplace.
RISK OF LOSS
All items purchased from MarketsUnite are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon merchants delivery to the carrier.
PRODUCT and SERVICE DESCRIPTIONS
All merchants attempt to be as accurate as possible. However, MarketsUnite does not warrant that product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
PRICING
Except where noted otherwise, the List Price displayed for products and services on our website represents the full price listed on the product or service itself, suggested by the manufacturer or supplier, service provider or estimated in accordance with standard industry practice; or the estimated value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price are provided by the merchant.
Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than MarketsUnite operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. MarketsUnite does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
ELECTRONIC COMMUNICATIONS
When you visit MarketsUnite.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MarketsUnite or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MarketsUnite and protected by U.S. and international copyright laws. All software used on this site is the property of MarketsUnite or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MARKETSUNITE and other MarketsUnite.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MarketsUnite in the U.S. and/or other countries. MarketsUnite’s trademarks and trade dress may not be used in connection with any product or service that is not MarketsUnite’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MarketsUnite. All other trademarks not owned by MarketsUnite that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarketsUnite.
PATENTS
One or more patents owned by MarketsUnite apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
MarketsUnite grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MarketsUnite. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MarketsUnite. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MarketsUnite without express written consent. You may not use any meta tags or any other “hidden text” utilizing MarketsUnite’s name or trademarks without the express written consent of MarketsUnite. Any unauthorized use terminates the permission or license granted by MarketsUnite. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MarketsUnite.com so long as the link does not portray MarketsUnite, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MarketsUnite logo or other proprietary graphic or trademark as part of the link without express written permission.
Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MARKETSUNITE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARKETSUNITE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
IN NO EVENT SHALL MARKETSUNITE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN ORTHESE TERMS OF USE. IN NO EVENT WILL MARKETSUNITE’S LIABILITY IN CONNECTION WITH A PURCHASE MADE THROUGH MARKETSUNITE EXCEED THE PURCHASE PRICE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
Arbitration.
Any dispute or claim relating in any way to your use of any Marketsunite Service, or to any products or services sold or distributed through Marketsunite.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Marketsunite, 1161 Lincoln Court, Long Branch, NJ 07740. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not reimburse those fees for claims. Likewise, Marketsunite will seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Marketsunite Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Marketsunite.
End User Communications
MarketsUnite in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). MarketsUnite shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by MarketsUnite, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MarketsUnite shall have the right, but not the obligation, to remove any material from the Communities that MarketsUnite, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of MarketsUnite.
Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of MarketsUnite’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. MarketsUnite does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
License Grant.
By posting Statements or other information on or through the Communities, you grant MarketsUnite a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
Indemnification/Release.
You agree to defend, indemnify and hold harmless MarketsUnite, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release MarketsUnite from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a MarketsUnite, and any conduct or speech, whether online or offline, of any other user.
Termination.
MarketsUnite may terminate these Terms of Use at any time. Without limiting the foregoing, MarketsUnite shall have the right to immediately terminate or suspend any of your passwords or accounts in the event MarketsUnite considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
Additional Disclosures.
No waiver by either you or MarketsUnite of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
MarketsUnite is located at 43 West 33rd Street New York, NY, 10001
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to and are for the benefit of MarketsUnite, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Please review our Privacy Policy, which also governs your visit to marketsunite.com, which will help you understand our practices.
MarketsUniteLLC, (“MarketsUnite” or “we” or“us” or “our”) operates this website, www.MarketsUnite.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the “Site” in these Terms of Use. By using our Site and MarketsUnite services through the Site, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the “Terms of Use” or “Agreement”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY MARKETSUNITE SERVICE OFFERED THROUGH THE SITE.
The Site provides an interactive online service operated by MarketsUniteLLC., whose primary objective is to promote and market certain merchants,private individuals, automobiles, real estate, goods, services, events,to its users from the issuing Merchants or other parties identified in the terms of each listing and subject to the Terms of Sale set forth below.
As a condition of your use of this Site, you agree that:
(a)You are an individual person at least 18 years of age; (b)You possess the authority to create a binding legal obligation; (c) Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account: (a)You may create only one account for your personal use; (b) you may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers; (c) You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another; (d) You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete;
You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (g) is not intended to circumvent or violate the letter and spirit of this Agreement and the lawful functioning of MarketsUnite.com marketplace.
RISK OF LOSS
All items purchased from MarketsUnite are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon merchants delivery to the carrier.
PRODUCT and SERVICE DESCRIPTIONS
All merchants attempt to be as accurate as possible. However, MarketsUnite does not warrant that product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
PRICING
Except where noted otherwise, the List Price displayed for products and services on our website represents the full price listed on the product or service itself, suggested by the manufacturer or supplier, service provider or estimated in accordance with standard industry practice; or the estimated value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price are provided by the merchant.
Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than MarketsUnite operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. MarketsUnite does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
ELECTRONIC COMMUNICATIONS
When you visit MarketsUnite.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MarketsUnite or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MarketsUnite and protected by U.S. and international copyright laws. All software used on this site is the property of MarketsUnite or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MARKETSUNITE and other MarketsUnite.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MarketsUnite in the U.S. and/or other countries. MarketsUnite’s trademarks and trade dress may not be used in connection with any product or service that is not MarketsUnite’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MarketsUnite. All other trademarks not owned by MarketsUnite that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarketsUnite.
PATENTS
One or more patents owned by MarketsUnite apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
MarketsUnite grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MarketsUnite. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MarketsUnite. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MarketsUnite without express written consent. You may not use any meta tags or any other “hidden text” utilizing MarketsUnite’s name or trademarks without the express written consent of MarketsUnite. Any unauthorized use terminates the permission or license granted by MarketsUnite. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MarketsUnite.com so long as the link does not portray MarketsUnite, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MarketsUnite logo or other proprietary graphic or trademark as part of the link without express written permission.
Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MARKETSUNITE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARKETSUNITE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
IN NO EVENT SHALL MARKETSUNITE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN ORTHESE TERMS OF USE. IN NO EVENT WILL MARKETSUNITE’S LIABILITY IN CONNECTION WITH A PURCHASE MADE THROUGH MARKETSUNITE EXCEED THE PURCHASE PRICE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
Arbitration.
Any dispute or claim relating in any way to your use of any Marketsunite Service, or to any products or services sold or distributed through Marketsunite.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Marketsunite, 1161 Lincoln Court, Long Branch, NJ 07740. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not reimburse those fees for claims. Likewise, Marketsunite will seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Marketsunite Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Marketsunite.
End User Communications
MarketsUnite in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). MarketsUnite shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by MarketsUnite, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MarketsUnite shall have the right, but not the obligation, to remove any material from the Communities that MarketsUnite, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of MarketsUnite.
Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of MarketsUnite’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. MarketsUnite does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
License Grant.
By posting Statements or other information on or through the Communities, you grant MarketsUnite a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
Indemnification/Release.
You agree to defend, indemnify and hold harmless MarketsUnite, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release MarketsUnite from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a MarketsUnite, and any conduct or speech, whether online or offline, of any other user.
Termination.
MarketsUnite may terminate these Terms of Use at any time. Without limiting the foregoing, MarketsUnite shall have the right to immediately terminate or suspend any of your passwords or accounts in the event MarketsUnite considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
Additional Disclosures.
No waiver by either you or MarketsUnite of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
MarketsUnite is located at 43 West 33rd Street New York, NY, 10001
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to and are for the benefit of MarketsUnite, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
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