which is a legally binding contract between you and The Mystical
Marketplace, LLC ("
for your use of our online platform and service, which connects
people selling items online ("
with people who want to purchase those items ("
The platform and service are available at
We have specific rules for what you cannot sell. Please read them in our Prohibited Items Policy.By using our services you acknowledge that you have read and agreed to this PROHIBITED ITEMS POLICY. Violators of this policy will be removed from the site and, if applicable, reported to the proper authorities.
We have specific rules for what types of disclosures you must have on items that will be applied to the body or taken internally, such as herbal remedies, oils, elixirs and the like and how they can and cannot be described. By using our services you acknowledge that you have read and agreed to this MEDICAL DRUG CLAIMS AND DISCLOSURES POLICY. Violators of this policy will be removed from the site and, if applicable, reported to the proper authorities.
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 allow Buyers and Sellers to connect. Sellers can sign up to the Services and offer their items or specialized services for sale. Buyers can sign up to 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 parties to process payments and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Product, we do so as an agent of the applicable Seller.
Your access to the Services and your purchase and 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 do not 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 create a Product), 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. In addition, in order to sell on TMM we may ask you to provide details regarding yourself, your business, sales history, employees and other information that we deem relevant. We may review your application and registration forms and may approve or deny your request to create a Seller account at our sole discretion. We may also remove your ability to sell on TMM after you have first been approved, at our sole discretion.
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 may also link your TMM account with your account on third-party sites, such as Facebook (such account, a " Third-Party Account "). If you provide your Third-Party Account credentials to us or otherwise link your TMM account with a Third-Party Account, we will extract certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access.
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. TMM is not liable for any loss or damage arising from your failure to comply with the above requirements.
No Endorsement; No Employment
We welcome all Sellers to apply to sell on TMM, as long as you are selling or offering to sell items that aren't illegal and comply with these Terms. However, we don't endorse any Sellers or any items they may offer for sale through the Services. Posting a Product on the Services does not mean you or your items are endorsed by us in any way. We reserve the right to conduct background checks on any seller and you agree to cooperate with us and to provide us with all information we request from you in the event that we decide to conduct a background check on you. We're not responsible for any damage or harm resulting from your communications or interactions with a Buyer. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Buyers or other third parties will be limited to a claim against the Buyers 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.
Sellers are not employees, agents or otherwise contractors of TMM and we do not, in any way, supervise, direct, or control a Seller. Nothing in these Terms will be construed as establishing an employment or agency relationship between TMM and you or any of your personnel. You have no authority to bind TMM by contract or otherwise.
If you use the Services to sell items, you agree to abide by rules and policies which are described in detail in the policies referenced in this document and in Seller Rules, which are hereby incorporated by reference. In the event of any conflict between the text in these Terms and Conditions and the Seller Rules, the Seller Rules will govern. If you do not agree to these Seller Rules, do not post Products for sale. Failure to comply with any of the Seller Rules may result in your account being suspended or banned from participating in the Services. TMM also reserves the right to withhold payments from sellers who violate seller policies. Payments will be held until the seller and their account are compliant with all policies.
When you create a Product you will need to provide certain information about your item, including a description, price, expected shipment date, shipping costs (if any), and any other applicable terms of the sale. It is important that such information be complete and accurate and comply with our terms, as outlined in this agreement and in our Prohibited Items Policy and Medical Drug Claims and Disclosures Policy. You agree that you are responsible for all Products you post. We want to be able to publish as many Products as possible, but we reserve the right to remove a Product for any reason at our absolute discretion.
Sales of Services
Some sellers may wish to offer their own services for sale, such as card readings, psychic readings, Reiki or other energy work, and this is fine. When listing such items, please be aware that the majority of our buyers will not be local to you and will therefore need to be able to use these services from a distance, such as via Skype or Facetime, emailing you certain questions for you to answer, etc. Please be as descriptive as possible in the listing about exactly what your service will entail and how the buyer will receive it. Include as least one picture that enhances this description. You must create a separate listing for each type of service that you want to offer. However, it is fine if one service is your only product.
Each listing is subject to a 10 cent per month cost, due at the time the listing is made and every 30 days thereafter. These costs are not prorated. So, for instance, if you list a product, pay your 10 cent fee, and the product sells immediately, the fee is not refundable to you. All sales made through the Services are subject to a flat fee of 5% of the total amount paid by the buyer, excluding sales tax. This means that you will pay TMM 5% of the final sale price + the shipping amount. Why do we add our fee to the shipping? Sellers are able to set their own shipping costs. Some sellers will artificially inflate shipping in order to get a higher price that is not subject to fees if TMM were to take fees from the final sale price only.
Unless otherwise specified, all Fees are quoted in U.S. Dollars. The applicable Fees will be deducted from the payment of the Sale Price paid by the Buyer prior to the funds being released to your account. We reserve the right to change our fee schedule at any time, but will always give sellers a minimum of 90 days notice if fees are going to be raised. If we decide to lower fees either permanently or temporarily, we will not necessarily inform sellers in advance.
Subject to these Terms, the Services may facilitate payments to, and refunds from, Sellers. Payments and refunds facilitated by the Services are processed by third parties. If, and to the extent, TMM accepts, holds or transmits funds in connection with your Confirmed Sale, you agree that TMM does so, on your behalf, as your limited agent and you hereby appoint TMM as your limited agent solely for the purpose of accepting payments from, and refunding payments to, Buyers on your behalf. You agree that TMM may use third parties to process payments, refunds or payouts through the Services and that TMM has no obligation to accept, hold or transmit funds on your behalf. In accepting appointment as your limited agent, TMM assumes no liability for any of your acts or omissions. You agree that, in accordance with TMM's refund policy described in the Seller Rules, the Buyer may cancel a purchase and we may refund to the Buyer the amount specified in such refund policy.
When a Buyer pays you, the applicable Fees are automatically deducted from the payment before it is paid to you. If delivery cannot be confirmed, and an Item Not Received dispute has not been opened by the buyer, orders will be marked as payable and the payment will be withdrawn using your PayPal account. Additionally, if a return request is opened by the Buyer prior to the payment being disbursed, payment will be held until the return is resolved. TMM also reserves the right to withhold payments from sellers who violate seller policies, payments will be held until the seller and their account is compliant with all policies.
TMM uses PayPal, a third party, to originate credit transfers to your financial institution account. You expressly authorize PayPal to originate credit transfers to your financial institution 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 debiting or crediting your financial institution account.
You agree to ship items purchased by Buyers promptly after payment, but in no event longer than 5 business days. Each shipment is required to ship with a valid tracking number from a supported carrier. For detailed shipping requirements, please review our Seller Rules. Sellers can also purchase shipping labels through the Services.
You acknowledge and agree that each Confirmed Sale will be subject to TMM's Refund Policy. If a Buyer cancels a Purchase and requests a refund after payment but before the Seller has indicated that the item has been shipped (" Marked as Shipped") the refund will be issued. In addition, if a shipment is refused, undeliverable as addressed or returned to you without being delivered, you agree to issue a full refund.
If a full refund is issued shortly after an order is paid, the Purchase is voided. If you issue a full refund after the payment has been disbursed to you, TMM will refund the Buyer via PayPal by withdrawing the funds from your PayPal account.
If you issue a partial refund to a Buyer, we withdraw the partial amount from your PayPal account, provided that TMM will include a pro-rated credit for the applicable commission. For example, if it's a $12 sale and you refund the customer $2, we will credit you the commission difference between a $12 sale and a $10 sale.
You can void purchased shipping labels if they have not yet been scanned, and you will receive a refund of the applicable purchase price. However, purchased shipping labels that have been scanned as accepted cannot be voided or reimbursed. In other words, if an order is refunded after it has been scanned as accepted by a supported carrier, you will not receive a credit for the shipping label fees.
As used in these Terms, "Tax" or "Taxes" mean sales taxes, value added taxes (VAT), goods and services taxes (GST),and other similar municipal, state and federal direct, indirect or other withholding and personal or corporate income taxes imposed on a Seller or on amounts collected from Buyers.
Because of marketplace and seller laws in Texas, Wyoming and Kansas, TMM will collect and remit sales tax on your behalf for buyers in those 3 states. However, as we are currently a small marketplace and do not have the capability to collect and remit taxes in all 50 states, sellers will need to determine their own Tax reporting and payment requirements for the remaining 47 states. Typically, a seller is responsible for collecting taxes from buyers who live in their same state. However we recommend you consult with a tax advisor to determine your specific requirements. We do not and cannot offer Tax-related advice to any Sellers – we leave that to the experts! Please note that you are responsible for determining any applicable Taxes on your items or on the amounts collected by us on your behalf. We recommend considering potential Tax implications in selling on TMM as you are responsible for accounting for all applicable Taxes from the Sale Price. We are not responsible for determining the amount of, or invoicing Buyers for, Taxes. However, once you have determined the amount of sales tax that you are required to pay for customers in each applicable state, you may set an automatic withdrawal of the tax from buyers in certain states through the site.
As the site grows, TMM itself may become large enough to become responsible for collecting and remitting sales tax on behalf of its sellers. At the present time this is not the case, nor do we see it as likely in the near future. However, we are actively monitoring both our total sales in each state as well as ongoing changes in the regulatory environment and will inform you if and when this changes.
You agree to pay the applicable Fees, to assume full responsibility for the content of your Product and your items offered for sale. You agree to display information accurately about your Products, to ship items purchased by Buyers promptly after payment, to adhere to all Product Listing Guidelines and to respond to enquiries from TMM in a timely manner. You will not list any items that are prohibited by law or are otherwise listed as prohibited in our Prohibited Items Policy . You will not transfer your TMM account, including feedback and your user ID, to any other party without our consent.
Liability and Disputes
You understand and agree that we do not act as your insurer, broker, contracting agent or other representative, other than as noted in the Payments section above. If a Buyer purchases an item from you, any contract that you enter into with the Buyer, written or oral, will be between you and the Buyer only. You acknowledge and agree that you, and not us, will be responsible for performing the obligations of any contracts with Buyers, and we are not a party to such contracts and disclaim all liability arising from or related to such contracts.
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 Products. TMM is not liable or responsible for defective items. If an item sold on TMM is delivered in a defective condition, a Buyer's sole remedy is with the Seller.
If a Buyer has any concerns about you or your items, they may contact you through the Services or contact TMM, which will reach out to you, to try and resolve their concerns. On the same note, if you have any concerns about a Buyer's purchase, you should contact TMM.
Without limiting the foregoing, TMM reserves the right in its sole discretion to resolve disputes between Buyers and Sellers. You agree that TMM has the right to make the final decision in any dispute where TMM chooses to intervene. If we resolve a dispute in the Buyer's favor, we may, but are not required to, issue a refund for up to the full cost of the item in dispute, including shipping, and require the Seller to reimburse us for the full amount refunded, including, in some cases, shipping costs. The foregoing paragraph states TMM's entire liability and obligation to Buyers and Sellers in connection with any dispute between such parties.
Buyers may submit feedback information regarding Sellers via Vendor Ratings. This rating system displays a 5-star rating with the percentage of positive reviews. Customers often rely on the seller rating when deciding whether or not to make a purchase. The rating system also encourages sellers to improve their services and care about credibility.
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.
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 e-mail 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.
If you provide your cellular phone number and agree to receive communications from TMM, you specifically authorize TMM to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services and may opt out of such messages. You can opt out of receiving text messages through your account settings.
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 (including Content associated with your Products). 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. Any Content you provide must comply with the Seller Rules, which are hereby incorporated by reference and are part of these Terms and describe what content is prohibited on the Services.
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: firstname.lastname@example.org. 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, including for commercial, advertising and promotional purposes relating to the Services or your items. 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) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Seller Rules. 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:
- 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; or (v) 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;
- access, tamper with, or use non-public areas of the Services, TMM's computer systems, or the technical delivery systems of TMM's providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- 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 unless you have been specifically allowed to do so in a separate agreement with TMM;
- 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;
- 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;
- 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;
- 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;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
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.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including, without limitation, if you violate the letter or spirit of any of these Terms, or otherwise create risk or possible legal exposure for us. You may cancel your Account at any time by logging into your account and canceling.
Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Unless TMM otherwise notifies you in writing, you agree to fulfill any Confirmed Sales that have not yet been shipped upon termination. Any payment for such Confirmed Sales will be subject to delivery being confirmed.
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.
You agree to defend, indemnify, and hold harmless TMM and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services, (ii) your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf; and (iii) any items or services sold by you via the Services.
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.
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 DIRECT, 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 THE AMOUNT YOU PAID TMM FOR THE USE OF THE SERVICES DURING THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO TMM, OR $50 IF YOU HAVE NOT MADE ANY PAYMENTS TO TMM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
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.
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.
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.
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.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. 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.
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.
These Terms, the Seller Rules and the Category Terms are the entire and exclusive agreement between TMM and you regarding the Services, and these Terms supersede and replace any prior agreements between TMM and you regarding the Services. These Terms apply only to TMM and you. These Terms are not intended to, and shall not, create any third party beneficiary rights, except as expressly provided in these Terms.
We may revise these Terms from time to time. If we make any material changes to these Terms, we will notify you of such changes by posting them on the TMM website or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about the Terms, please email us at email@example.com.