Terms and Conditions:
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. MarketEquine is a Site
MarketEquine acts as a site to allow users who comply with MarketEquine policies to offer, sell, and buy certain goods. MarketEquine is not directly involved in the transaction between buyers and sellers. As a result, MarketEquine has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. MarketEquine does not pre-screen users (except for services that require an application) or the content or information provided by users. MarketEquine cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, MarketEquine does not transfer legal ownership of items from the seller to the buyer.
MarketEquine cannot guarantee the true identity, age, and nationality of a user. MarketEquine encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that MarketEquine is a site and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on MarketEquine. You use the MarketEquine service at your own risk.
2. Membership Eligibility
Age: MarketEquine’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. MarketEquine may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use MarketEquine’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by MarketEquine’s policies as well as all other operating rules, policies and procedures that may be published from time to time on the Site by MarketEquine, each of which is incorporated herein by reference and each of which may be updated by MarketEquine from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional MarketEquine terms and conditions
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MarketEquine of any unauthorized use of your password or any breach of security. You also agree that MarketEquine cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on MarketEquine you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your MarketEquine account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: MarketEquine’s services are not available to temporarily or indefinitely suspended MarketEquine members. MarketEquine reserves the right, in MarketEquine’s sole discretion, to cancel unconfirmed or inactive accounts. MarketEquine reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a shop on MarketEquine is free. MarketEquine charges 10% percent of the sale price when the item sells. MarketEquine’s Fee Policies are subject to change. Changes to the Fees Policy and the fees for MarketEquine’s services are effective after MarketEquine provides you with at least thirty (30) days’ notice by posting the changes on the Site. However, MarketEquine may choose to temporarily change the Fee Policy and the fees for MarketEquine’s services for promotional events; such changes are effective when MarketEquine posts the temporary promotional event on the Site. MarketEquine may, at MarketEquine’s sole discretion, change some or all of MarketEquine’s services at any time. In the event MarketEquine introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, MarketEquine may issue a credit for the applicable fees to a seller’s billing statement.
Fees and Termination: You are responsible for paying all fees and applicable taxes associated with using MarketEquine. If MarketEquine terminates a listing or your account, if you close your account, or if the payment of your MarketEquine fees cannot be completed for any reason, you remain obligated to pay MarketEquine for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please visit our Contact Us Page.
4. Listing and Selling
Listing Description: All listings on MarketEquine must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with MarketEquine’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your MarketEquine shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their MarketEquine shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with MarketEquine’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. MarketEquine reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale and must include the shipping price. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. You may not alter the item’s price after a sale for the purpose of avoiding MarketEquine’s transaction fees, misrepresent the item’s location, or use another user’s account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to MarketEquine and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on MarketEquine.
License: MarketEquine does not claim ownership rights in your Content. You grant MarketEquine a license solely to enable MarketEquine to use any information or Content you supply MarketEquine with, so that MarketEquine is not violating any rights you might have in that Content. You grant MarketEquine a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow MarketEquine to store, translate, or re-format your Content on MarketEquine and display your Content on MarketEquine in any way MarketEquine chooses.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another MarketEquine user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MarketEquine-related communications. MarketEquine has not granted you a license to use the information for unsolicited commercial messages. You are not licensed to add any MarketEquine user to your email or physical mail list.
Re-Posting Content: By posting content on MarketEquine, it is possible for an outside website or a third party to re-post that content. You agree to hold MarketEquine harmless for any dispute concerning this use. If you choose to display your own MarketEquine-hosted image on another website, the image must provide a link back to its listing page on MarketEquine.
Idea Submissions: MarketEquine considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the content and the tangible items sold on the Site by users) (collectively, the “material”) to be non-confidential and non-proprietary, and MarketEquine shall not be liable for the disclosure or use of such material. If, at MarketEquine’s request, any member sends material to improve the site, MarketEquine will also consider that material to be non-confidential and non-proprietary and MarketEquine will not be liable for use or disclosure of the material.
Other Resources: MarketEquine is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MarketEquine does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that MarketEquine shall not be 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 content, goods or services available on or through any such websites or resources.
7. Resolution of Disputes and Release
Disputes with MarketEquine: In the event a dispute arises between you and MarketEquine, please visit our Contact Us Page. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New Hampshire, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. You and MarketEquine agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, MarketEquine encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on MarketEquine, they may choose Contact MarketEquine through our Contact Us Page in order to resolve the dispute. MarketEquine has no obligation to resolve disputes between users or between users and outside parties.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release MarketEquine (and MarketEquine’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
8. MarketEquine’s Intellectual Property
MarketEquine, and other MarketEquine graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of MarketEquine, Inc. in the U.S. and/or other countries. MarketEquine’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, MarketEquine may, without notice, and without refunding any fees, delay or immediately remove Content, warn MarketEquine’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
MarketEquine suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Agreement, or other policy documents and community guidelines incorporated herein; MarketEquine is unable to verify or authenticate any of your personal information or Content; or MarketEquine believes that a user is acting inconsistently with the letter or spirit of MarketEquine’s policies, has engaged in improper or fraudulent activity in connection with MarketEquine or the actions may cause legal liability or financial loss to MarketEquine’s users or to MarketEquine.
MarketEquine reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on MarketEquine.
11. No Warranty
MARKETEQUINE, MARKETEQUINE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MARKETEQUINE’S SUPPLIERS PROVIDE MARKETEQUINE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MARKETEQUINE, MARKETEQUINE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MARKETEQUINE’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MARKETEQUINE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
12. Liability Limit
IN NO EVENT SHALL MARKETEQUINE, AND (AS APPLICABLE) MARKETEQUINE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MARKETEQUINES SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MARKETEQUINE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MARKETEQUINE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MARKETEQUINE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MARKETEQUINE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MARKETEQUINE AND (AS APPLICABLE) MARKETEQUINE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No Guarantee
MarketEquine does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MarketEquine’s control.
15. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and any MarketEquine service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on MarketEquine’s net income).
16. MarketEquine Service
17. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New Hampshire, excluding its conflicts of laws rules, and the United States of America.
Except as explicitly stated otherwise, any notices shall be given by postal mail to MarketEquine; Attn: Legal Department; P.O. Box 482 Barrington, New Hampshire 03825 (in the case of MarketEquine) or, in your case, to the email address you provide to MarketEquine (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, MarketEquine may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MarketEquine. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by MarketEquine, L.L.C., located at P.O. Box 482 Barrington, New Hampshire 03825.
If you have any questions, please visit our Contact Us Page and we will be sure to answer any questions you may have!