User Agreement
1. Introduction
This User Agreement, inclusive of the Terms of Service Agreement, and all other policies and additional terms available on our sites, applications, tools, and services (collectively referred to as “Services”), delineates the terms under which the Merch Marketplace provides you access to and usage of our Services. An overview of our policies can be found here. This User Agreement and all policies and additional terms accessible within our Services, forms an integral part of this User Agreement. Your utilization of our Platform and Services signifies your commitment to adhere to all the terms outlined in this User Agreement.
The contracting entity is Merch Marketplace, LLC, and you are bound by these terms when accessing or using our Platform and Services.
2. About Merch Marketplace
2.1. Merch Marketplace is an online marketplace that allows users to buy and sell goods and services in various geographic locations. Merch Marketplace is not a party to contracts for sale between buyers and third-party sellers outside of the Merch Marketplace.
2.2. Any guidance Merch Marketplace provides as part of our Services, such as design, consultations, pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Unless otherwise expressly provided, Merch Marketplace has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
2.3. Failure to meet these requirements may prompt Merch Marketplace to take action consistent with applicable laws and the Merch Marketplace User Agreement and Terms of Service Agreement, and may even be legally required to do so. Such actions may include, for example, administrative measures, hiding or lowering the placement of listings in search results, lowering Vendor rating, restricting buying or selling privileges, forfeiture of fees, loss of buyer or Vendor protections, restricting access to user communication and rating tools, removing feedback, and account suspension.
3. Using Merch Marketplace
3.1.In connection with using or accessing our Services you agree to comply with this User Agreement, inclusive of the Terms of Service Agreement, and all other policies and additional terms available on our sites, platforms. applications, tools, and services, and you will not:
3.1.1. breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
3.1.2. use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
3.1.3.fail to pay for items purchased by you, fail to deliver items sold by you, unless you have a valid reason as set out in a Merch Marketplace policy;
3.1.4.manipulate the price of any item or interfere with any other user’s listings;
3.1.5.take any action that may undermine the feedback or ratings systems;
3.1.6.share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account you must contact Merch Marketplace for to request multi-user account access, where available.
3.1.7.create listings, post, or upload content in inappropriate categories or areas on our sites;
3.1.8.engage in gambling;
3.1.9.post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;
3.1.10.distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
3.1.11.distribute viruses or any other technologies that may harm Merch Marketplace or the interests or property of users;
3.1.12.use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Merch Marketplace;
3.1.13.circumvent any technical measures used to provide our Services;
3.1.14.interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
3.1.15.export or re-export any Merch Marketplace application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
3.1.16.infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Merch Marketplace. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Merch Marketplace or someone else;
3.1.17.infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or utilize or post content that does not belong to you;
3.1.18.commercialize any Merch Marketplace application or any information, data, or software associated with such application, except with the prior express permission of Merch Marketplace; or
3.1.19.harvest or otherwise collect or use information about users without their consent.
3.2. If we believe you are violating this User Agreement or any of our policies, or abusing Merch Marketplace and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.
3.3.If we believe you are violating our policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.
3.4. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
4.1.When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
5. Fees and Taxes
5.1.We charge sellers for the use of our Services.
5.2. The fees we charge sellers for using our Services to sell goods and services are listed on our Membership Plans & Pricing pages. We may change our selling fees from time to time by posting the changes on the Merch Marketplace site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
5.3.If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services.
5.4.You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the Merch Marketplace Third-Party Payment Service Providers (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use, and late fees may apply. Merch Marketplace, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Merch Marketplace account, you must contact the collection agency directly.
6. Privacy Policy
6.1. Information We Collect:
6.1.1. We may collect various types of information when you use Merch Marketplace, including:
6.1.2. Personal Information:
6.1.2.1.Such as your name, email address, shipping address, and payment information when you make a purchase.
6.1.3.User Content:
6.1.3.1.Any content you submit to the platform, including reviews, comments, and images.
6.1.4. Device Information:
6.1.4.1.Information about your device, including IP address, browser type, and operating system.
6.1.5. Usage Data:
6.1.5.1.Information about how you interact with our website and services.
6.2. How We Use Your Information:
6.2.1. We use the information collected for the following purposes:
6.2.1.1. To facilitate transactions and process orders.
6.2.1.2. To communicate with you regarding your orders, account, and promotions.
6.2.1.3. To improve our services, user experience, and for internal analytics.
6.2.1.4. To enforce our policies, respond to legal requests, and comply with applicable laws.
6.3. Information Sharing:
6.3.1. We do not sell or rent your personal information to third parties. However, we may share information with:
6.3.1.1. Sellers/Vendors: To facilitate transactions and order fulfillment.
6.3.1.2. Service Providers: To assist with payment processing, data analysis, and other services.
6.3.1.3. Legal Compliance: To comply with applicable laws and regulations.
6.4. Your Choices:
6.4.1.You can manage your account preferences, including communication preferences, in your account settings. You can also choose not to provide certain information, but this may limit your ability to use certain features.
6.5. Security:
6.5.1. We take reasonable measures to protect your information from unauthorized access, disclosure, alteration, and destruction.
6.6. Cookies and Tracking:
6.6.1. We reserve the right to use cookies and similar technologies to enhance your experience on our website. You can control cookies through your browser settings.
6.7. Third-Party Links:
6.7.1. Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these sites.
6.8. Children’s Privacy:
6.8.1. Merch Marketplace is not directed to individuals under the age of 18. We do not knowingly collect personal information from children.
6.9. Changes to this Privacy Policy:
6.9.1. We may update this Privacy Policy from time to time. The latest version will be posted on our website with the effective date.
6.10. Contact Us:
6.10.1. If you have any questions about this Privacy Policy or your information, please contact us at info@merch-marketplace.com.
6.11. International Users:
6.11.1. If you are accessing Merch Marketplace from outside the United States, please be aware that your information may be processed in the United States, where privacy laws may be different from those in your country. By using our services, you consent to the transfer of your information to the United States and the processing as described in this Privacy Policy.
6.12. California Privacy Rights:
6.12.1. California residents have the right to request information regarding the disclosure of their personal information to third parties for direct marketing purposes. If you are a California resident and wish to make such a request, please contact us at info@merch-marketplace.com.
6.13. Your Consent:
6.13.1. By using Merch Marketplace, you consent to the terms outlined in this Privacy Policy. If you do not agree with this Privacy Policy, please refrain from using our services.
6.14. Governing Law:
6.14.1. This Privacy Policy is governed by and construed in accordance with the laws of the state of Michigan, in the United States.
7. Listing Conditions
7.1. When listing an item for sale on our Services, you agree to comply with Merch Marketplace’s Listing Guidelines and Seller Guidelines & Policies and also agree that:
7.2. You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by Merch Marketplace or third parties such as translation, image editing, and generative artificial intelligence tools,
7.3. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Merch Marketplace can’t guarantee exact listing duration,
7.4.The content you provide complies with all of our listing policies.
7.5. Content that violates any of Merch Marketplace’s policies may be modified, obfuscated, or deleted at Merch Marketplace’s sole discretion,
7.6. We may revise product data associated with listings to supplement, remove, or correct information,
7.7. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
7.7.1 buyer’s location, search query, browsing site, and history;
7.7.2 item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
7.7.3 seller’s history, including listing practices, Detailed Seller Ratings, Merch Marketplace policy compliance, feedback, and
number of listings matching the buyer’s query,
7.8. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
7.9.Some advanced listing upgrades will only be visible on some of our Services,
7.10. Metatags and URL links that are included in a listing may be removed or altered,
7.11.We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers,
7.12. Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed,
7.13. You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. Merch Marketplace has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services,
7.14.Merch Marketplace may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other corporate entities affiliated with Merch Marketplace, LLC and cooperating third-party operators of websites, platforms, applications, services, and tools, and
7.15. Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
8. Buyer Guidelines & Policies
8.1. Our commitment is to maintain a secure, equitable, and enjoyable marketplace for both buyers and vendors. As a buyer, we kindly request that you familiarize yourself with and comprehend our policies, encompassing the Merch Marketplace Terms of Service Agreement and User Agreement, before making a purchase. Your purchase indicates your agreement to abide by all our rules and policies, including those detailed in the Merch Marketplace Terms and Conditions Page.
8.2. The objectives of our policies are to:
8.2.1. Adhere to local laws and regulations.
8.2.2. Mitigate risks for buyers and vendors.
8.2.3. Ensure a level playing field for all participants.
8.2.4. Cultivate an enjoyable and secure buying experience.
8.2.5. Safeguard intellectual property rights.
8.3. Purchase Conditions – When buying an item using our Services, you agree to our Buyer Guidelines & Policies and that:
8.3.1. You are responsible for reading the full item listing before buying, or committing to buy,
8.3.2. You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, regardless of when payment is due or received.
8.4. Buyer Guidelines – Vendors are not required to agree to any extras or changes from the terms of your listing. If a buyer is making demands that are not a part of your original listing, feliver the item purchased by the buyer according to the original terms of your listing, or cancel the transaction.
8.4.1. A payment dispute occurs when a buyer initiates a chargeback for a purchase transaction with their credit card issuer or payment service provider.
8.4.2. This policy outlines our expectations for buyer behavior. When buyers don’t meet these standards, Vendors can report abusive behavior to Merch Marketplace.
8.4.3. Engaging in activity as described in this policy may result in a range of actions, including issuing warnings to buyers, blocking buyers from requesting returns or refunds on, blocking buyers from opening claims, and account suspension.
8.4.4. When we review a report of a user violating our policies, we look at the circumstances, including the users’ history. We make decisions based on the evidence in the individual situation, as well as by evaluating patterns of behavior that create a negative value in the marketplace. If we aren’t sure about something, we may not take any action. Also, because we respect our users’ privacy, we can’t discuss the results of any investigations.
8.4.5. We encourage you to communicate politely and professionally.
8.4.6.To help us identify buyers who are engaging in unacceptable buying behaviors, please report abusive behavior to Merch Marketplace.
8.5. Abusive Buyer Policy
8.5.1. Our policy regarding abusive buyers delineates unacceptable behaviors, including making unreasonable demands of a vendor and misusing returns or exchanges. Engaging in activities as outlined in this policy may lead to various consequences, such as issuance of warnings to buyers, blocking buyers from requesting returns or refunds on Merch Marketplace, preventing buyers from opening claims, and potential account suspension.
8.5.2. Upon reviewing reports of users violating our policies, we carefully consider the circumstances, taking into account the users’ history. Decisions are based on the evidence in the individual situation and an evaluation of behavior patterns that negatively impact the marketplace. If uncertainties arise, we may refrain from taking immediate action. Additionally, due to our commitment to user privacy, we cannot disclose the results of any investigations.
8.5.3. The following behaviors are strictly prohibited:
8.5.3.1. Requesting a shipping service not offered by the Vendor
8.5.3.2. Requesting the Vendor ship to an address other than the one included in checkout
8.5.3.3. Requesting to use a payment method not offered during checkout
8.5.3.4. Requesting the Vendor to hold an item for deferred payment
8.5.3.5. Requesting a partial refund without returning the item
8.5.3.6. Requesting additional items or services not included in the original listing or seeking a discount
8.5.3.7. Making false claims
8.5.3.8. Misusing returns
8.5.3.9. Misusing Merch Marketplace messaging or platform(s)
8.5.3.10. Abusing Merch Marketplace’s buyer protection programs or payment service provider’s dispute processes
8.5.3.11. Fulfilling the commitment to pay for items won or committed to buy
8.5.3.12. Acceptable buying practices include adherence to the following policies:
8.6. User Communications Guidelines:
8.6.1. Buyers must ensure that their communications with Vendors via email, Messages, or Community discussion boards comply with our User Communications Guidelines.
8.6.2. Communication between users is a key part of the buying and selling experience, but it’s important that our users feel safe, and aren’t getting unwanted messages or offers from other users. To keep Merch marketplace functioning effectively, we know it is important for users to be able to communicate easily with each other.However, to keep everyone in our community safe we have guidelines and policies that cover how you communicate.
8.6.3. Users can send messages to each other through Merch Marketplace platforms. We encourage open communication between users, but we don’t allow users to use these options to send spam, offers to buy or sell outside of the platform, threats, profanity, or hate speech.
8.6.4. Merch Marketplace reserves the right to monitor messages sent through Merch Marketplace platforms and between users for fraud, abuse, spam, and other violations of Merch Marketplace policies.
8.6.5. If user activity doesn’t meet these requirements, Merch Marketplace may take action consistent with applicable laws and the Merch Marketplace User Agreement, and Terms of Service Agreement, and may even be legally required to do so. Such actions may include, as an example only: administratively ending listings or canceling transactions, hiding or lowering the placement of listings in search results, lowering seller rating, restricting buying or selling, forfeiture of fees, loss of buyer or seller protections, restricting access to user communication and rating tools, removing feedback, and account suspension.
8.6.6. Merch Marketplace has no control over communication that takes place outside of its platforms.
8.6.7. Users are prohibited from sending spam messages. “Spam” is considered to be a message (or part of a message) that is both unsolicited and commercial in nature. By unsolicited we are referring to messages where the recipient of the message didn’t request it. By commercial we are referring to messages that refer to or discuss buying, selling, or trading of goods or services.
8.6.7.1. Some examples of spam include:
8.6.7.1.1. Unsolicited offers sent to potential buyers
8.6.7.1.2. Messages sent to a user on a mailing list without the user’s prior permission
8.6.7.1.3. Invitations to join mailing lists that are unrelated to Merch Marketplace.
8.6.7.1.4. Sending comments or messages with offers to buy or sell items outside of Merch Marketplace.
8.6.7.1.5. Email, messages, and websites impersonating Merch Marketplace. (These are prohibited and are to be reported to Merch Marketplace for awareness).
8.6.7.2. If you have received spam from a Merch Marketplace user, please forward it to info@merchmarketplace.com.
8.6.7.3. If you received a warning for violating our spam policy and you believe it was sent in error, or you were suspended for violating our spam policy and would like to learn more, please contact us.
8.6.8. Threats
8.6.8.1. We don’t tolerate threats of physical harm using any method including by comments, messaging, or on any of our apps, platforms or community areas.
8.6.8.2. If you receive a threat, report it to local law enforcement. You should also consider contacting your local phone company if the threat was made by telephone, or the other user’s Internet service provider (ISP) if the threat was made through email communication.
8.6.9. Profanity and Hate Speech
8.6.9.1. Users aren’t allowed to use profanity or hate speech in their communications with other users through Merch Marketplace platforms.
8.6.10. Inappropriate Feedback Comments
8.6.10.1. Users are prohibited from:
8.6.10.1.1. Sending spam
8.6.10.1.2. Making offers on the Merch Market platforms to buyer and/or sell outside of Merch Marketplace platforms.
8.6.10.1.3. Threatening others, or using profanity or hate speech
8.6.10.1.4. Sending viruses, malicious code, or software through our messaging services
8.6.10.1.5. Providing messages, comments or feedback containing personally identifying information about another user, such as a user’s address, phone number, email address, or real name. We may also remove feedback or comments that can be used to obtain personally identifying information about another user, such as a shipment tracking number.
8.6.10.1.6.Submitting feedback containing political, religious, social, or other commentary, rather than genuine comments about a sale or purchase
8.6.10.1.7. Submitting feedback containing language that is profane, vulgar, obscene, or racist, as well as comments containing adult material or physical threats
8.6.10.1.8. Submitting negative feedback comments that directly contradict a positive rating.
8.6.10.2 Merch Marketplace reserves the right to remove any content, comments, messages and/or feedback containing inappropriate content.
8.6.10.3. Merch Marketplace reserves the right to remove content, comments, messages or feedback that is not related to a product, sale or purchase.
8.6.10.4. These guidelines apply to all content, comments, messages and feedback sent on Merch Marketplace platforms, and all types of content posted on Merch Marketplace by users, including listings, feedback, and reviews.
8.6.11. User Messages
8.6.11.1. Merch Marketplace reserves the right to monitor messages (together with any attachments) sent between users for fraud, abuse, spam, illegal content, and other policy violations. We may keep a copy of all communications which can be used to help in these circumstances.
8.6.11.2. While we understand users may wish to keep communications private, if you contact users through channels and platforms outside of Merch Marketplace, we can’t help if problems arise.
8.6.11.3. If you ever receive a threat, report it to us immediately.
8.6.11.4. We’ll look into it and determine what action is needed, which could include suspending the user’s account. You should also report threats to local law enforcement.
8.7. Customs declarations:
8.7.1. Encouraging a Vendor to falsely declare an item as a gift on a customs form is considered to be promoting illegal activity.
8.8. Unwelcome and malicious buying:
8.8.1. Actions such as bidding on or buying an item without the intention of completing the transaction or circumventing a Vendor’s buyer requirements are deemed unwelcome and malicious buying.
8.9. Contact information:
8.9.1. All Merch Marketplace users are required to keep their account details up to date, and we take action against those with false or missing contact information.
8.10. Using multiple accounts:
8.10.1. Registering new accounts or using other existing accounts to evade buying restrictions or limits or other policy consequences is strictly prohibited. Refer to our Multiple Accounts Policy for more information.
8.11. Activity on Merch Marketplace necessitates compliance with all applicable laws, respect for the rights of third parties, adherence to the Merch Marketplace User Agreement and Terms of Service Agreement, and following this Merch Marketplace policy.
8.12. Our commitment is to ensure that Merch Marketplace remains a safe place to sell. To achieve this, we uphold certain standards for buyers. When buyers deviate from these standards, we take appropriate action to protect our Vendors and maintain the integrity of the marketplace.
9. Seller Guidelines & Policies
9.1. Adhering to fundamental selling practices enhances the overall buying experience for your customers. Our comprehensive selling practice guidelines below offer a range of tips to ensure buyer satisfaction. They encompass crucial aspects such as item descriptions, terms and conditions, shipping and handling charges, delivery times, communication, returns, and images.
9.1.1. Item Location Specification:
9.1.1.1. Vendors must accurately specify the location of listed items, providing transparency to buyers regarding shipping costs and delivery times. Incorrect item location details may lead to confusion and a suboptimal buyer experience.
9.1.2. Transaction Transparency:
9.1.2.1. Vendors must provide clear and thorough transaction details, including information on taxes, fees, shipping, handling, and return policies. Transparency fosters trust and contributes to a positive buying experience.
9.1.3. Return Policies:
9.1.3.1. While returns are not mandatory, vendors opting to accept them must clearly outline the return period, address return postage responsibility, and specify the refund process.
9.1.4. Buyer Expectations:
9.1.4.1. Set clear buyer expectations and strive to surpass them, ensuring a smooth and satisfactory transaction. Offer excellent customer service by adhering to practices such as reasonable shipping costs, defined handling times, and responsive communication.
9.1.5. Shipping and Handling Costs:
9.1.5.1. Clearly state shipping costs, including actual shipping, handling, and any additional services. Explain higher-than-average costs in your listing to provide buyers with a comprehensive understanding.
9.1.6. Shipping Timeframes:
9.1.6.1. Specify accurate shipping times in your listing and adhere to the stated handling time. Utilize tracking, delivery confirmation, or signature confirmation to protect against claims of non-receipt.
9.1.7. Listing Transparency:
9.1.7.1. Clearly specify terms and conditions for your shop, including return policies and shipping information. Ensure accurate and up-to-date listings, and fulfill the terms you’ve set to meet buyer expectations.
9.1.8. Tracking Information:
9.1.8.1. Providing tracking information is an industry standard. Upload accurate tracking details within your specified handling time, mark items as ‘Shipped,’ and refrain from including irrelevant information.
9.1.9. Item Location Accuracy:
9.1.9.1. Prevent confusion by providing precise item location descriptions. Avoid inaccurate or misleading information that may lead to higher return costs or buyer confusion.
9.1.10. Image and Description Accuracy:
9.1.10.1. Listings serve as crucial buyer information sources. Maintain professionalism in descriptions and avoid using inappropriate language or images. Accurate and detailed information helps buyers make informed decisions.
9.1.11. Order Cancellation Policy:
9.1.11.1. Once an order is placed, it cannot be canceled. In the event of unavailability or out-of-stock items, refunds should be processed, and Merch Marketplace should be notified for confirmation.
9.1.12. Communication Best Practices:
9.1.12.1. Uphold excellent customer service by responding promptly, communicating professionally, and refraining from using offensive language or inappropriate images.
9.1.13. Returns Handling:
9.1.13.1. Honor your stated returns policy and provide clear criteria for accepting returns, including notification period, return shipping responsibility, and refund method.
9.1.14. Image Importance:
9.1.14.1. Images play a vital role in listings. Alongside detailed descriptions, clear images help buyers understand the item and its specific details.
9.1.15. Pricing and Promotion Compliance:
9.1.15.1. Price your items independently, avoiding coordination with other vendors. Familiarize yourself with pricing and promotion terms and conditions.
9.1.16. Compliance and Understanding:
9.1.16.1. Vendors should review and understand Merch Marketplace’s Selling Practices & Guidelines, along with applicable laws and regulations, to ensure smooth transactions and avoid unintentional rule violations.
9.1.17. Compliance with Policies:
9.1.17.1. Activity on Merch Marketplace must adhere to applicable laws, respect third-party rights, and align with the Merch Marketplace Terms and Conditions. Non-compliance may result in various actions, including account suspension.
9.1.17.2. Understanding these guidelines before listing items can lead to successful transactions, improved buyer satisfaction, and adherence to platform rules.
10. Rules Regarding Payment
10.1. Ensure your Merch Marketplace account contains accurate contact information to facilitate communication between buyers and vendors.
10.2. Buyers are to pay for all products and merchandise at the time of purchase per the terms listed in the Payment Terms of Use Policy.
10.3. When purchasing from an international vendor, refrain from requesting the vendor to mark the item as a gift in the customs declaration, as it is both illegal and against our policies.
11. Feedback Rules
11.1. Avoid abusing the feedback system, which includes threatening to leave negative feedback for a vendor who doesn’t fulfill undisclosed promises (feedback extortion).
11.2. Refrain from leaving feedback solely to boost a vendor’s feedback score, as this constitutes feedback manipulation.
12. Handling Issues with a Vendor
12.1. If you encounter a problem with a vendor:
12.1.1. Approach the resolution with honesty and good intentions.
12.1.2. For vendors, adherence to Merch Marketplace policies is mandatory, including compliance with applicable laws and respecting the rights of third parties.
13. Consequences for Non-Compliance
13.1. Failure to meet these requirements may prompt Merch Marketplace to take actions consistent with applicable laws and the Merch Marketplace User Agreement and Terms of Service Agreement. Possible actions include administrative measures, such as ending listings or canceling transactions, adjusting placement in search results, lowering vendor ratings, restricting buying or selling privileges, fee forfeiture, loss of buyer or vendor protections, limited access to user communication and rating tools, removal of feedback, and account suspension.
14. Reporting Policy Violations
14.1. If you wish to report a policy violation:
14.1.1. Review the policy page corresponding to the violation.
14.1.2.Confirm that the reported user is genuinely violating the rules.
14.1.3. Contact Customer Support to report the violation with specific details, addressing a known or suspected policy violation.
14.1.4. Understand that false reporting of policy violations can result in serious consequences.
14.1.5. Report a listing only once to avoid slowing down our investigation. Upon receiving a report, we evaluate all circumstances, including the user’s history, before deciding on any action. If uncertainty persists or cannot be proven definitively, we may refrain from taking action, and the results of our investigation will not be disclosed.
15. International Buying and Selling; Translation
15.1. Given the nature of Merch Marketplace’s global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Many of our Services are accessible internationally. We offer certain programs, tools, and experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. If, as a seller, you do not want your item to be sold to buyers internationally, please notify Merch Marketplace for suggestions on how to proceed. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
15.2. You authorize us to use automated tools to translate your Merch Marketplace content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
16. Content
16.1. Granting content rights to Merch Marketplace for the sales and promotion of products and services:
16.2. When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Merch Marketplace, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
16.3. By using our Services, you grant Merch Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to utilize any Intellectual Property Rights you have in the content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Merch Marketplace, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services. This allows us to enhance and promote our Services, including the development of new offerings, across various media, both current and future. Rest assured, this is a standard practice that enables us to support you better. To ensure a positive user experience, it’s important to clarify that this clause is a standard legal provision that allows the platform to function effectively. It’s often found in the Terms of Service Agreement of many online services.
16.4. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Merch Marketplace takes no responsibility and assumes no liability for any content provided by you or any third party.
16.5. We offer product data (including images, descriptions and specifications) that are provided by third parties (including Merch Marketplace users). You may use that content solely in your Merch Marketplace listings. Merch Marketplace may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
16.6. We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Merch Marketplace is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
16.7. The name “Merch Marketplace” and other Merch Marketplace marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Merch Marketplace, LLC in the U.S. and other countries. They may not be used without the express written prior permission of Merch Marketplace. LLC.
17. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
17.1. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please contact us.
18. Holds and Restricted Funds
18.1. To protect Merch Marketplace from risk of liability for your actions as a seller, Merch Marketplace Third-Party Payment Service Providers (as defined below) may restrict access to your funds as described in the Payments Terms of Use.
19. Authorization to Contact You; Recording Calls; Analyzing Message Content
19.1. Merch Marketplace may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Merch Marketplace may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Policy. As described in our Privacy Policy, Merch Marketplace may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls at any time by contacting us. You may also opt-out of a specific text marketing campaign by replying “STOP” to such marketing text message.
19.2. Merch Marketplace may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Merch Marketplace to carry out the purposes identified above.
19.3. Merch Marketplace may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Merch Marketplace or its agents for quality control and training purposes, or for its own protection.
19.4. Merch Marketplace’s automated systems may scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Merch Marketplace’s User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Merch Marketplace may store message contents, including to conduct this scanning and analysis.
20. Privacy of Other Users
20.1. If Merch Marketplace provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws. Merch Marketplace can not control communication sent outside of its platforms.
20.2. Merch Marketplace may offer personalized recommendations to you to provide a relevant and engaging experience, helping you sell or buy items of interest to you. These recommendations may consider data related to your Merch Marketplace activity, the item, and seasonality, among other factors.
21. Payment Services
21.1. Payments for goods and services sold using our Services are facilitated by designated Third Party Payment Service Providers pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payments Terms of Use, including the requirements to provide to Merch Marketplace Third-Party Payment Service Providers information about you, your business, and the financial account you will use to receive payments.
21.2. If you are a buyer:
21.2.1. You may pay for items and services using the payment methods that the Merch Marketplace Third-Party Payment Service Providers make available, and the Merch Marketplace service providers will manage settlement of the payment to sellers. When buying on our Services, you authorize the Merch Marketplace Third-Party Payment Service Providers to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller. Accordingly, payments received by the Merch Marketplace from you will satisfy your obligations to pay the seller.
21.2.2. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering (“AML”) compliance, compliance with economic or trade sanctions, in connection with Merch Marketplace’s internal risk controls or due to potential violations of any policy of Merch Marketplace or the Merch Marketplace Third-Party Payment Service Providers.
21.2.3. Merch Marketplace, the Merch Marketplace Third-Party Payment Service Providers or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Account Settings on Merch Marketplace. You are responsible for maintaining the accuracy of information we have on file, and you consent to Merch Marketplace updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize Merch Marketplace Service providers to charge your Payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error.
21.2.4. If you are entitled to a refund by the Seller, and Merch Marketplace service providers processed the original payment, the Merch Marketplace Third-Party Payment Service Providers will issue the refund if applicable. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
21.2.5. You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and Terms of Service Agreement in connection with the use of the services provided by the Merch Marketplace Third-Party Payment Service Providers. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own Terms of Service Agreement for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party Terms of Service Agreement may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency, transactional processing fees) or other actions taken by such third parties, and you agree that the Merch Marketplace Third-Party Payment Service Provider has no control over, or responsibility or liability for, such fees or actions.
22. Disclaimer of Warranties; Limitation of Liability
22.1. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Notification functionality in Merch Marketplace’s applications may not occur in real time. Such functionality is subject to delays beyond Merch Marketplace’s control.
22.2. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
22.3. In addition, to the extent permitted by applicable law, in no event will Merch Marketplace (including our subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this User Agreement whether or not they were foreseeable or Merch Marketplace was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
22.3.1. the content you provide (directly or indirectly) using our Services;
22.3.2 your use of or your inability to use our Services;
22.3.3. pricing, shipping, format, or other guidance provided by Merch Marketplace;
22.3.4. delays or disruptions in our Services;
22.3.5. viruses or other malicious software obtained by accessing or linking to our Services;
22.3.6. glitches, bugs, errors, or inaccuracies of any kind in our Services;
22.3.7. damage to your hardware device from the use of any Merch Marketplace Service;
22.3.8. the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
22.3.9. a suspension or other action taken with respect to your account or breach of the Using Merch Marketplace section above;
22.3.10. the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
22.3.11. your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
22.4. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
22.5. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) any amounts due up to the price the item sold for on Merch Marketplace (including any applicable sales tax) plus its original shipping costs, (b) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
23. Release
23.1. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
24. Indemnity
24.1. You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
25. Legal Disputes
25.1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MERCH MARKETPLACE HAVE AGAINST EACH OTHER ARE RESOLVED.
25.2. In this Legal Disputes section, the term “related third parties” includes your and Merch Marketplace’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Merch Marketplace’s, and these entities’ respective employees and agents.
25.3. You and Merch Marketplace each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and Merch Marketplace (or any related third parties) that relate in any way to or arise out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Merch Marketplace or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.
25.4. Applicable Law
25.4.1. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Michigan, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Merch Marketplace, except as otherwise stated in this User Agreement.
25.5. Agreement to Arbitrate
25.5.1. You and Merch Marketplace each agree that any and all disputes or claims that have arisen, or may arise, between you and Merch Marketplace (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Merch Marketplace or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.
25.5.2. The Federal Arbitration Act (“FAA”) and, to the extent not inconsistent with the FAA, the law of the State of Michigan without regard to principles of conflict of laws govern the interpretation and enforcement of this Agreement to Arbitrate.
25.5.3. Exemption – Small Claims Court Claims – Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of a small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed in small claims court.
Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that court, not by an arbitrator. In the event of any such jurisdictional dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.
25.5.4. Prohibition of Class and Representative Actions and Non-Individualized Relief – YOU AND MERCH MARKETPLACE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MERCH MARKETPLACE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and Merch Marketplace’s right to appeal the court’s decision. All other claims will be arbitrated.
25.5.4.1. Arbitration Procedures – Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide as set forth under Section 18.C below.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent mutual written agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach agreement, the court (pursuant to Section 18.C below) shall select the administrator.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”). The Notice of Dispute must be sent to Merch Marketplace, LLC, Re: Notice of Dispute, 23131 Michigan Ave., #1088, Dearborn, MI 48124. Merch Marketplace will send any Notice to you to the physical address we have on file associated with your Merch Marketplace account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and include ia description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address, mailing address, username and phone number associated with your account. If you and Merch Marketplace are unable to resolve the claims described in a valid Notice within 30 days after Merch Marketplace receives that Notice, you or Merch Marketplace may initiate arbitration or small claims proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Merch Marketplace at the following address Merch Marketplace, LLC, Re: Notice of Dispute, 23131 Michigan Ave., #1088, Dearborn, MI 48124. In the event Merch Marketplace initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Merch Marketplace account; it is your responsibility to keep your physical address up to date. Any settlement offer made by you or Merch Marketplace shall not be disclosed to the arbitrator.
If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Wayne County, Michigan, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Merch Marketplace may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but shall be bound by rulings in prior arbitrations involving the same Merch Marketplace user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
25.6. Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 3 of this Agreement (“Arbitration Procedures”), and the value of the relief sought is $10,000 or less, at your request, Merch Marketplace will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by Merch Marketplace should be submitted by mail to the AAA along with your Demand for Arbitration and Merch Marketplace will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Merch Marketplace for all fees associated with the arbitration that have been paid by Merch Marketplace on your behalf that you otherwise would have been obligated to pay under the AAA’s rules.
25.7. Severability – With the exception of any of the provisions in this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
25.8. Opt-Out Procedure IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO MERCH MARKETPLACE, LLC., ATTN: LITIGATION, RE: OPT-OUT NOTICE, 23131 MICHIGAN AVE., #1088, DEARBORN, MI 48124. You must complete, sign and mail this notice to us in order to opt out of the Agreement to Arbitrate, including your name, address (including street address, city, state, and zip code), and the user ID(s) and email address(es) associated with the Merch Marketplace Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
25.9. Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Merch Marketplace prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Merch Marketplace. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Merch Marketplace.com at least 30 days before the effective date of the amendments and by providing notice through the Merch Marketplace Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
25.10. Judicial Forum for Legal Disputes
25.10.1.If the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and Merch Marketplace will be resolved exclusively by a state or federal court located in Wayne County, Michigan. You and Merch Marketplace agree to submit exclusively to the personal jurisdiction of the courts located within Wayne County, Michigan for the purpose of litigating all such claims, disputes, or matters.
25.11. General
25.11.1. Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.merch-marketplace.com/terms-conditions.
25.11.2. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
25.11.3. We may amend this User Agreement at any time by posting the amended terms on www.merch-marketplace.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Merch Marketplace Vendor Dashboard and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Merch Marketplace representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
25.11.4. Without limiting Merch Marketplace’s ability to refuse, modify, or terminate all or part of our Services, Merch Marketplace may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
25.11.5. The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Merch Marketplace Service platform(s).
25.11.6. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
25.11.7. The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Merch Marketplace, and supersede all prior understandings and agreements of the parties.
25.11.8. The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Additional Terms, Payment Services, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
25.11.9. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, 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.
25.12. Policy Updates
25.12.1. Merch Marketplace may update this User Agreement Policy periodically. Please check this page regularly for updates to our User Agreement Policy. Continued use of our Platform and Services after any changes indicates your acceptance of the updated terms.
Effective Date: 12/3/23