Terms of Use for Buyers Effective October 1, 2019

Welcome to The Mystical Marketplace! You are now reading our Terms of Use (" Terms"), which is a legally binding contract between you and The Mystical Marketplace, LLC (" TMM"), for your use of our online platform and service, which connects people selling items online (" Sellers") with people who want to purchase those items (" Buyers"). The platform and service are available at https://www.themysticalmarketplace.com (the "Site"). If you are a Buyer, these Terms apply to you. If you’re a Seller, your Terms of Use are available here. Please read these Terms and our Privacy Policy carefully, because they govern your use of the Services. If you have any questions feel free to send us a note at info@themysticalmarketplace.com. We want you to feel comfortable using the Services and will happily answer any questions you have.

This contract sets out your rights and responsibilities when you use the Site, our mobile apps, and the other services provided by TMM (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Please note that the section “Disputes with TMM ”, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

What We Do and What We Don’t Do

TMM is a technology services and platform provider and not a retailer. Through the Services, we offer a technology service and platform to allows Buyers and Sellers to connect. Sellers can sign up to the Services and offer their products or services for sale by posting a listing (“ Listing”). Buyers can sign up for the Services if they want to purchase such items.

We do not sell any items ourselves and we do not fulfill orders. Our responsibilities under these Terms are limited solely to facilitating the availability of our technology services and platform.

We use third party companies to process payments by Buyers and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Listing, we do so as an agent of the applicable Seller.

Your access to the Services and your purchase or sale of any items through the Services are at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.

Agreement to Terms

By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Use of the Services

You may use the Services only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that TMM provides are always evolving and the form and nature of the Services that TMM provides may change from time to time without prior notice to you. In addition, TMM may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.

In order to use certain Services (for example, to make purchases), you will need to register with TMM, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not chose a name that includes language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. You may not use a username for the purpose of impersonating another person or entity, including staff or any other representative of TMM. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.

By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.

You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable .

Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and TMM.

Passwords

You are responsible for safeguarding the password that you use to access the Services. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify TMM of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You may contact TMM to make this notification by emailing info@themysticalmarketplace.com. TMM is not liable for any loss or damage arising from your failure to comply with the above requirements.

No Endorsement

We do not endorse any Sellers or any items or services they may offer for sale through the Services. We are not obliged to conduct background checks on any Seller, but we might do so on a discretionary basis. We are not responsible for any damage or harm resulting from your communications or interactions with a Seller. Sellers are not employees, agents or otherwise contractors of TMM and we do not, in any way, supervise, direct, or control a Seller. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Sellers or other third parties will be limited to a claim against the Sellers or other third parties who caused you harm and you agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to such actions or omissions.

Purchases

If you make a Purchase, you may be asked to provide payment information, including your credit card number, your bank account and routing number, the expiration date of your credit card, your address(es) for billing and delivery, and other information about your financial accounts. If you make a Purchase, you authorize TMM and TMM’s payment processor(s) to use the Payment Information to charge your designated payment account. You also authorize TMM and TMM’s payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by using the Payment Information to debit or credit the payment account used in the applicable transaction.

You agree to bear any additional charges that your bank or other financial service provider may levy on you. You will receive a confirmation email once the transaction is complete. If you have any concerns or objections regarding charges, you agree to raise them first with us and you agree not to cancel, reject, chargeback or request reversal of any charges related to a Purchase unless you have made a reasonable attempt at resolving the matter directly with TMM.

Because Buyers and Sellers may be located in separate and applicable tax jurisdictions, a Purchase may be subject to local sales, customs or value-added taxes or additional postage upon delivery. These taxes or additional postage fees are not charged by or through the Services and TMM cannot be responsible for or provide order-specific advice regarding additional taxes or postal fees.

When you make a Purchase via the Services, you are purchasing directly from the applicable Seller of the item, not from TMM. TTM does not fulfill orders. Any details regarding the item, including but not limited to product descriptions, warranties offered, or any other terms set forth in the Listing are between you and the applicable Seller. You should review and familiarize yourself with any and all terms of sale provided by the Seller prior making a purchase.

Liability and Disputes

TMM does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale, nor does TMM have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information associated with Listings. TMM is not liable or responsible for defective items. California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. If a product does not comply with California Prop 65 regulations, the applicable Seller is required to include a warning in the listing description.

If an item sold on TMM is delivered to you in a defective condition, or if you do not want to keep a delivered item for any reason, your sole remedy is to return the product directly to the Seller. Items must be returned within 30 days of the delivery date using a valid, electronically visible tracking number. Full refund of the purchase price, including original shipping if agreed upon, will be processed once return is verified through tracking. If you are dissatisfied with a service that a seller has provided to you (such as a reading, coaching or healing session) it is up to the seller, not TMM, to grant or deny a full or partial refund or other form of compensation.

Buyer/Seller Feedback

Users may submit feedback information regarding both Sellers and Buyers that use the TMM Site. You may only use the rating and feedback features for the bona-fide purpose of submitting feedback regarding the experience you had. Any other use of the feedback system is prohibited. You may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user’s rating. Feedback information submitted by a user may be made available through the Services to other users.

Privacy

Your personal information is important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it.

Both TMM and sellers process buyers’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not TMM, will be responsible for that unauthorized disclosure.

If, however, TMM and Sellers are found to be joint data controllers of buyers’ personal information, and if TMM is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify TMM for the expenses it occurs in connection with your processing of buyer personal information. See the below section “Indemnification” for more information about your indemnification obligations to TMM.

Special Privacy Terms for European Union Residents

TMM is a small firm within the USA who does dot market to buyers or sellers outside the USA. However, as we carry out our business 100% online, we cannot prevent citizens of countries within the EU and elsewhere from utilizing our services from time to time. As this point in time, we are unable to comply with the General Data Protection Regulation (“GDPR”), governing the Personal Data of European Union (“EU”) residents. If you are a resident of the European Union, we urge you not to use our services at this time. It is our hope and intent that as we grow we will be able to become fully compliant with the GDPR. Feel free to check back with us at a later date to see if our status has changed.

Communications

As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“ Messages”). You have control over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your account or by following the unsubscribe instructions provided in the email you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

Content

For purposes of these Terms: (i) “ Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “ User Content” means any Content that Buyers and Sellers (including you) provide to be made available through the Services. Content includes without limitation User Content.

All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TMM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

TMM may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. TMM cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or TMM, responsible for any inaccuracies.

Subject to your compliance with these Terms, TMM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

Your User Content

Your User Content will be viewable by other users of the Services. You should only make available information or provide User Content that you are comfortable sharing with others under these Terms. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. TMM is not responsible or liable for any use of your User Content by TMM in accordance with these Terms. You represent and warrant that (i) you have all the rights, power and authority necessary (you own it or have the right to use it) to grant the rights granted herein to any User Content submitted; and (ii) your User Content or your use and provision of your User Content to be made available through the Services does not violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity or result in the violation of any applicable law or regulation.

You may request removal of your User Content from the Services at any time by specifically deleting it or sending a request to customer support. Some User Content cannot be deleted entirely as it may be needed for tax or other purposes by either TMM or another user. If you choose to remove your User Content or cancel your account, your User Content will be removed from public viewing as soon as is practical, (although back-up copies may survive for archival and record keeping purposes), provided, however, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content on the Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Notwithstanding these limitations, residents of the EU who are authorized users of the Services may exercise their right of erasure established in GDPR Article 17 by emailing TMM to request deletion of the Personal Data collected by TMM at: info@themysticalmarketplace.com. TMM will delete all Personal Data within a commercially reasonable period of time and will inform Processors with which we shared your Personal Data in order to provide your services to also delete your Personal Data. As permitted by GDPR, we will retain any of your Personal Data necessary either for: (i) compliance with a legal obligation; or (ii) for the establishment, exercise or defense of legal claims. However, please be aware that, as TMM is a small US-based firm that does not market to citizens of the EU, we are not able to be fully compliant with the GDPR at this time. Because of this, we urge citizens of the EU not to utilize our services until we have achieved full compliance.

For all authorized users irrespective of country of residence, by submitting, posting or displaying User Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use your User Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the User Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with TMM.

We may need to modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media and you hereby grant us the rights to do so.

TMM claims no ownership of any User Content submitted, posted or displayed by you on or through the Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Services, subject to the exceptions noted herein, and you are solely responsible for protecting those rights.

TMM Ownership Rights

All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of TMM and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the TMM name or any of the TMM trademarks, logos, domain names, or other distinctive brand features. You may use the TMM name or any of the TMM trademarks, logos, domain names, or other distinctive brand features only in the event TMM grants you the right to do so in a separate written agreement. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates the rights of TMM or any third party. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding TMM or the Services are entirely voluntary and are the sole and exclusive property of TMM. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and TMM is free to use them as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but are not obligated) to remove or refuse to distribute any Content on the Services, which violates these Terms or the TMM Rules for using the Services and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or, (v) protect the rights, property or safety of TMM, its users and the public.

Unless you have been specifically permitted to do so in a separate written agreement with TMM and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content (except your User Content) or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TMM's computer systems, or the technical delivery systems of TMM's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TMM (and only pursuant to those terms and conditions, if any, that are applicable) unless you have been specifically allowed to do so in a separate agreement with TMM; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TMM or any of TMM’s providers or any other third party (including another user) to protect the Services or Content; or (vii) use, display, mirror or frame the Services, any individual element within the Services, or the layout and design of any page or form contained on a page, without TMM’s express written consent.

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Copyright Policy

TMM respects copyright law and expects its users to do the same. It is the policy of TMM to disable and/or terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TMM’s Copyright Policy for further information.

Termination

Termination By You . You may terminate your account at any time. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By TMM. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. TMM may refuse service to anyone, at any time, for any reason.

If you or TMM terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. TMM reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TMM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We make no guarantee as to the duration or manner in which items appear on TMM, whether in our catalog, at auction, or otherwise. TMM is not responsible or liable for any harm to your computer system, loss of data, glitches, bugs, errors, delays, disruptions, or other harm that results from your access to or use of, inability to access or use, the Services, or any Content. You agree that TMM is not liable for any damage or losses resulting directly or indirectly from any suspension of your account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TMM or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods, or services, including but not limited to: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, legality, appropriateness, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TMM of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge that your use of any third-party websites or resources is governed by that party’s terms and privacy policy.

Indemnity

If TMM gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend TMM (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

If you find yourself in a dispute with another user of TMM’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may request that TMM review the case and make a decision about it. TMM will only agree to review a case if there is proof that the parties have already attempted to resolve the dispute between themselves and reached an inpass. TMM will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. TMM has no obligation to resolve any disputes.

You agree to release TMM from any claims, demands, and damages arising out of disputes with other users or parties. Contact TMM at info@themysticalmarketplace.com to request a review.

Disputes with TMM

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

Governing Law. The Terms are governed by the laws of the Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Arbitration. You and TMM agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and TMM are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules and will be split between the parties, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. In such circumstance, you agree to pay all arbitration costs.

Forum. We’re based in Texas, so any legal action against TMM related to our Services must be filed and take place in Harris County, Texas. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Houston, Texas, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and TMM agree to submit to the personal jurisdiction of a state or federal court located in Harris County, Texas.

Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas.

Modifications. If we make any changes to this “Disputes with TMM” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against TMM prior to the date the changes became effective. TMM will notify you of substantive changes to the “Disputes with TMM” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send TMM a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and TMM in accordance with the provisions of this “Disputes with TMM” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TMM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY ITEMS SOLD OR PURCHASED THROUGH THE SERVICES; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TMM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL TMM’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $50.

Waiver & Severability

The failure of TMM to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section below or by a court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or timely opt out of arbitration as set forth below), the remaining provisions of these Terms will remain in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without TMM’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TMM may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice

Any notices or other communications provided by TMM to you under these Terms, including those regarding modifications to these Terms, will be given by TMM: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and TMM regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Contact Information

If you have any questions about the Terms, please email us at info@themysticalmarketplace.com.





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