My MarketPlace Builder
Terms of Service Agreement
By using any My MarketPlace Builder website, mobile website, web platform, product, marketing material, sales training course, subscription, and/or service (“Service”), of My MarketPlace Builder, My MarketPlace Builder or Infinite Markets, LLC. (Company), you (Website Owner) are agreeing to be bound by the following terms and conditions (“Terms of Service”). These Terms of Service shall serve as an agreement (the “Agreement”) between My MarketPlace Builder (Company or MMB) and the Website Owner (“Customer” or “You” or “Your”), hereafter collectively referred to as the parties (“Parties” or “Party”).
BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
My MarketPlace Builder reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement any time at our online website www.mymarketbuilder.com/terms-of-service in the terms section.
- You must be 18 years or older to use this Service.
- You must provide Your legal full name, a valid email address, payment details, and any other information requested in order to complete the registration process. We will use any information provided to contact you in the event we need to communicate with you.
- You must be a human. Service registration or access by “bots” or other automated methods are not permitted.
- You are responsible for all trademarks, logos, design, media, text, graphics, animations, audio components, video components, photos or any other information (hereinafter collectively referred to as “Content”) posted and activity that occurs with the Services (even when Content is posted by Website Owner Customers, SMBs, or others who have access to the Services);
- You will not use the Service for any illegal or unauthorized purpose. Site must not, in the use of the Service, violate any laws in My MarketPlace Builder or Company’s jurisdiction (including but not limited to copyright laws);
- Use good, fair and honest business practices in signing up Customers;
- Not send SPAM electronic communications to promote any of Company’s products or services, the breach of which may result in immediate termination of this Agreement and/or legal action;
- Mandate that its Website Owner Customers are notified of and agree to terms outlined in this Agreement;
Violation of any of the terms will result in the termination of Your Service. While My MarketPlace Builder prohibits such conduct and Content on the Service, You understand and agree that My MarketPlace Builder cannot be responsible for the Content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold My MarketPlace Builder harmless for any loss, misconduct, or unauthorized use of the Service.
If any unauthorized use occurs, My MarketPlace Builder may hold You or any party that You have assigned liable for any loss or damage that are a result of the breach of this Agreement.
Service and Password Security
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under Your Service. You agree to immediately notify My MarketPlace Builder of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
My MarketPlace Builder reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs. My MarketPlace Builder will not be liable for any loss or damage arising from failure to provide us with accurate information or to keep Your password secure.
Pricing and Modifications to the Service
My MarketPlace Builder will charge You a monthly fee, transaction fee, start up fee and any additional agreed upon fees for the Service which will vary with the type of plan and actual Service rendered by My MarketPlace Builder and or partners. All fees are subject to change at any time. We will notify You in advance of any fee changes. Company’s compensation for services rendered to My MarketPlace Builder pursuant to this agreement shall be determined in accordance with the fees and pay schedule set out in Exhibit 1 hereto:
You hereby authorizes My MarketPlace Builder to draw monthly automatic recurring payments from Visa or MasterCard, covering the initial setup fee, all monthly dues and all other applicable payments to Service as stated in a monthly invoice that shall be e-mailed by My MarketPlace Builder. You shall pay this invoice via an automated electronic transaction or automatically withdrawn through site. A valid credit card must be kept on file with My MarketPlace Builder at all times. If you need to change your card on file you must contact us via email@example.com.
The Service fee will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. MPB may increase the monthly recurring charge when the hosting exceeds the basic GB usage.
Company reserves the right to revoke access to Services if your balance is overdue or invoices are not paid in full. At a minimum, My MarketPlace Builder will give 30 days notice to you before terminating this Agreement for failure to pay invoices when due.
If for whatever reason, you default on payment or invoices are not paid in full, you hereby authorize My MarketPlace Builder or its assignee to collect the outstanding costs, plus service charges and interest, in any method available to Company.You shall indemnify Company for all collection or legal fees (including court fees) incurred by Company in order to satisfy your payment defaults.
There will be no refunds or credits for setup fees, partial months of Service, upgrade/downgrade refunds, or refunds for months unused with any Service. If you cancel before your billing cycle ends, your site will remain active until the cycle completes.
My MarketPlace Builder shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, My MarketPlace Builder may issue an update to the My MarketPlace Builder application which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although My MarketPlace Builder will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible. My MarketPlace Builder will in no way be liable if such updates affect any current hardware used or make any device no longer supported.
Cancellation and Termination
You are solely responsible for canceling Your Service. You can cancel Your Service anytime by contacting us by email: firstname.lastname@example.org. Your membership will continue in effect unless and until You cancel Your membership or we terminate it. Any questions in regards to cancellations should be directed to email@example.com. Cancellations by phone or sent to any other email address will not be accepted.
You must cancel Your membership before it renews each month in order to avoid billing for the following month’s fees. If You cancel the Service before the end of Your current payment cycle, You will not be charged again. You will still be able to access the Service until Your current payment cycle expires.
No refunds or partial refunds are offered for hosting or support, as the site will remain up through the end of the cycle regardless.
Enhanced Customer Support packages are optional and will be billed with hosting. Should the customer decide to discontinue service, hosting and monthly fees for the full calendar month are still due to MPB. Should customer decide to discontinue customer support, MPB needs at least two weeks notice before the first of the month, otherwise they will be billed for support for that next additional month.
After 30 days of non payment your website will be terminated and all materials lost.
Custom Development Work
All custom development and feature upgrades requests must be paid upfront by Customer, unless otherwise notified. Any change to our basic framework including third party API integration, custom wording, colors, fonts, and features, or additional work outside of our standard software framework are considered custom development work. No refunds are supplied after ordering custom development work, and each work order is approved and funded before implementing.
Clients may modify and change the scope of work at anytime, but MPB reserves to right to amend the delivery date projected or cost if altered for any version or customization request throughout the length of time working with MPB. There is NO REFUND for any custom work that is ordered for your marketplace site. In the case of delinquency, My MarketPlace Builder reserves the right to charge the Customer for payments owed.
Termination by My MarketPlace Builder
My MarketPlace Builder, at its sole discretion, has the right to suspend or terminate Your Service and refuse any and all current or future use of the Service, or any other My MarketPlace Builder Service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of Your Service or Your access to Your Service, and the forfeiture and relinquishment of all Content in Your Service.
My MarketPlace Builder reserves the right to refuse Service to anyone for any reason at any time.
In the event of a cancellation and/or termination of Your Service, MMB will not be held responsible or liable for any damages that You or Your clients incur as a result of any agreements made between You and Your clients.
Upon expiration or termination of this Agreement: (a) You shall return or, at My MarketPlace Builder’s request, destroy all confidential information, and (b) other than as provided herein, all rights and obligations of each Party under this Agreement, exclusive of the Service, shall survive.
Transfer of Customers Upon Dissolution
Upon dissolution My MarketPlace Builder agrees to provide all Content and necessary information, including client contact details and existing contracts, to transfer Your clients’ accounts to you. Upon dissolution of Your subscription, My MarketPlace Builder agrees to take over all of Your clients’ accounts and maintain them from the effective date of termination.
You shall make no commitment for or on behalf of Company or for which Company shall have any liability or responsibility unless Company shall have first given its approval and commitment.
My MarketPlace Builder will host Your Service with a premium Internet hosting provider, Microsoft Azure. You will be granted access to Your Service from our website, and any sub-domains associated with the particular Service. My MarketPlace Builder will make reasonable efforts to monitor the uptime of the hosting account, but does not guarantee or warrant its reliability due to various external Internet factors.
Information shared is copyright of My MarketPlace Builder and must be kept confidential at all times. You may not share or sell any information to business owners, package or offer this information as a bonus, add this information to membership sites, or otherwise distribute this information without written consent of My MarketPlace Builder. My MarketPlace Builder reserves the right to revoke access at any time if any misuse or foul play occurs, or if unauthorized file sharing or multiple-IP logins are detected.
Customer and technical support is only available via email or our support forum. The technical support email address is firstname.lastname@example.org, and more information can be found on our Support Desk.
My MarketPlace Builder will make the best efforts to respond to all reasonable requests in a timely manner. You understand that My MarketPlace Builder will not be held liable for any loss or misfortune that may occur from support or technical recommendations, or the time at which it may take for the support or technical issue to be addressed.
Copyright and Content Ownership
You shall own and retain all rights to the Content you provided. Company shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code of the Service including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprise the Service, all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Service and design elements. You shall not do anything that may infringe upon or in any way undermine Company’s right, title, and interest in the Service or any other intellectual property held by Company. Company reserves the right to display any portion of Website Owner’s publicly available Service for the purpose of displaying rendered work to other potential customers or for marketing purposes
My MarketPlace Builder does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Service, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
Website Owner expressly understands and agrees that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Website Owner’s transmissions or data; (iv) statements or conduct of any third party (including Website Owner Customers or SMBs) on the Service; or (v) or any other matter relating to the Service.
Limited Warranty and Limitation of Damages
Company makes no warranty, and Website Owner hereby waives and disclaims any other warranty, representation, or condition of any kind or nature, express or implied, verbal or written, statutory or otherwise, including, without limitation, any warranty representation or condition of merchantability or fitness for purpose.
Website Owner acknowledges that Company will make reasonable efforts, but does not warrant that the Service will work on all mobile platforms. Website Owner acknowledges that Company is not responsible for the results obtained by Website Owner’s Customers. In every circumstance, Company will have no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to Website Owner Customer’s property due to the use of third-party software or hardware installed or recommended by Company.
Website Owner represents and warrants that any Content provided to Company so that Company may carry out the terms of this Agreement does not violate the rights of any third party, whether arising by agreement or by operation of law. Website Owner hereby: (i) grants to Company a license to use any such works or intellectual property attaching to such works; and (ii) waives any and all moral rights in association with any such works provided to Company. Website Owner further represents and warrants that such license and waiver of moral rights does not violate any rights of any third party.
Customer Indemnification and Liability
You agree to indemnify, save and hold harmless My MarketPlace Builder from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations, representations or warranties under this Agreement.
You waive any claim for damages of any kind or nature against My MarketPlace Builder and agree that Your sole and exclusive remedy for damages (either in contract or tort) is the return of the price paid to My MarketPlace Builder limited to a total value.
Each Party acknowledges that in connection with this Agreement it may have access to proprietary information of the other Party, including but not limited to trade secrets, data, processes, technical information, business knowledge, pricing, service providers, hosting providers, technology partners, research and development and marketing strategies (hereinafter collectively referred to as “Confidential Information”). Website Owner acknowledges that the disclosure of Confidential Information in any manner would be highly detrimental to the interest of Company. Website Owner agrees that the right to maintain such Confidential Information constitutes a proprietary right, which Company is entitled to protect. Accordingly, Website Owner, Website Owner’s agents and Website Owner’s employees agree that they cannot disclose or permit the disclosure (either during this Agreement or thereafter) any Confidential Information to any person, or use or permit the use of same, for any purposes other than those of the owner of such information. Website Owner shall not use any Confidential Information of Company except as may be necessary to perform Website Owner’s obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of Website Owner.
Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that My MarketPlace Builder uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, reverse-engineer, decompile or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other My MarketPlace Builder Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by My MarketPlace Builder.
My MarketPlace Builder may, but has no obligation to, remove Content and Services containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any My MarketPlace Builder customer, employee, member, or officer will result in immediate Service termination.
You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Parties agree that all issues concerning applicable privacy legislation compliance are for the Customer.
Company may assign all of its rights, interests and obligations pursuant to this Agreement to any person or Company without Website Owner’s consent. Website Owner shall not assign or transfer any of Website Owner’s right or obligations pursuant to this Agreement without the prior express written consent of Company.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
Website Owner shall be responsible for expenses resulting in the business operations and/or incurred by Website Owner, Website Owner Customers and SMBs.
The Parties shall not prior to, during or after the term of this Agreement, reveal or otherwise make available to any other person any Confidential Information regarding the other party’s products, services, business, customers, or methods of operation learned by the other party while providing, or receiving Services hereunder. Any specifications, drawings, sketches, models, samples, tools, computer programs, technical or business information, or data, in written, oral, or graphic form or otherwise, furnished to either Party hereunder or in contemplation hereof shall remain the property of Company, or Website Owner, as the case may be.
Website Owner shall not be deemed an employee of Company for any purpose whatsoever. Website Owner shall remain at all times an independent contractor.
Parties Not Partners
This Agreement does not constitute an agreement for a partnership or joint venture between the parties. All expenses and costs incurred by Website Owner in meeting its obligations under this Agreement shall be solely those of Website Owner, and Company shall not be liable for their payment. Website Owner can make no commitments with third parties that are binding upon Company without Company’s written consent.
Website Owner will not have an exclusive right to market, sell or resell Company’s Solutions, and no franchise is granted to Website Owner. Company expressly reserves the right to market, sell and resell Solutions itself and to contract with others to market, sell and resell Company’s Solutions
Failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstances.
Independent Legal Advice
You acknowledges that You have had the opportunity (whether taken or not) to seek independent legal advice with respect to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Las Vegas, Nevada and the federal laws applicable therein.
This Agreement constitutes the entire Agreement between Website Owner and Company with respect to the subject matter hereof and cancel and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written (including, but not limited to, any prior versions of this Agreement) between Website Owner and Company with respect thereto.
Agreement Assignable; By Whom
This Agreement is personal to Website Owner, and Website Owner cannot assign or delegate Website Owner’s rights or duties to any third party, whether by contract, will, or operation of law, without Company’s prior written consent. Any attempt to do so shall be void. This Agreement shall inure to the benefit of the successors and assigns of the parties.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Las Vegas, Nevada and the federal laws applicable therein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written.
EXHIBIT 1 WILL BE PROVIDED SPECIFIC TO EACH Website Owner
Questions about the Terms of Service should be sent to email@example.com.