Marketplace Center, LLC Website Terms of Use

These terms of use apply to your use of the Marketplace Center, LLC (the “Company,” “we,” “our,” or “us”) website (our “Website” or the “Site”). The term “you”, “your” and or “customers” refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses the Site. This is a legally binding agreement between you and Marketplace Center, LLC and applies to you as a “User” of the Website.

By accessing and using the Site, you accept and agree to be bound by and comply with:  (1) these Terms of Use (the “Terms”), (2) our Accessibility Statement, Legal Disclaimer and Copyright and Reproduction Notice, and (3) our Privacy Policy.


The Site may contain links to third party Web sites that are maintained, operated and owned by other content providers. Therefore, we do not assume responsibility regarding the content, practices, policies or accuracy of materials on such third-party website or the companies that own them. These links are provided solely as a convenience to you and are not endorsed by the Company. By using our Site, you expressly relieve us from and waive any and all liability arising from your use of any third party website or receipt of services from any third party.


We hereby grant you permission to use the Site, provided that:  (1) your use of the Site is solely for your personal, individual, and non-commercial use; (2) you acknowledge you are solely responsible for the activity that occurs while using the Site; and (3) you agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc. that may access the Site.

We wish to make our Site a good experience for all of our Users, in this regard you agree not to do any of the following:

·        Conduct or promote any illegal activities while using the Site;

·        Upload, distribute or print anything, or attempt to do so, in any case, that may be harmful or publish falsehoods or misrepresentations that could damage us, our Site, or any third party;

·        Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

·        Attempt to gain access to secured portions of the Site to which you do not possess access rights;

·        Upload or transmit or allow to be uploaded any form of virus, worm, Trojan horse, or other malicious code;

·        Use the Site to generate unsolicited email advertisements or spam;

·        Use any automatic or manual process to search or harvest information from the Site, or to interfere in any way with the proper functioning of the Site; or

·        Impersonate another person.

 

Disclaimers of Warranty


YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETPLACE CENTER, LLC, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS.

MARKETPLACE CENTER, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 MARKETPLACE CENTER, LLC.

MARKETPLACE CENTER, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MARKETPLACE CENTER, LLC OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MARKETPLACE CENTER, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability


YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL MARKETPLACE CENTER, LLC, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MARKETPLACE CENTER, LLC, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH MARKETPLACE CENTER, LLC BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR BY MARKETPLACE CENTER, LLC IN RESPONSE TO ANY INQUIRY SENT TO THE EMAIL ADDRESSES MADE AVAILABLE ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MARKETPLACE CENTER, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE SITE IS CONTROLLED AND OFFERED BY MARKETPLACE CENTER, LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA AND WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY VENDORS OR FOR ANY INFORMATION APPEARING ON VENDOR SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL MARKETPLACE CENTER, LLC BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY VENDOR.

Intellectual Property Issues


You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement. We reserve all rights that are not expressly granted to you in this Agreement.

 

The content on the Site, excluding all intellectual property of other sites obtained by way of API and linking, are owned by Marketplace Center, LLC or its licensors. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). They are owned or licensed to Marketplace Center, LLC, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content not owned by Marketplace Center, LLC is provided to you AS IS for your information and non-commercial, individual, personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights.

We respect the intellectual property of others, and we ask and require you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing:  (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Marketplace Center, LLC can be contacted at (585) 394-3380 and at info@marketplacecenter.com. You acknowledge that if you fail to comply with all of the requirements of these Terms, your DMCA notice may not be valid.

Electronic Communications

The communications between you and Marketplace Center, LLC use electronic means, whether you visit the Site or send us emails, or whether Marketplace Center, LLC posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Marketplace Center, LLC in an electronic form when you email information to the email addresses made available to the site and understand that information you email the email addresses in the site cannot be kept confidential or privileged and therefore you are advised not to email us any confidential or privileged information; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Marketplace Center, LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect your non-waivable rights.

Changes to the Terms


We may change the terms of these Terms from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in these Terms. If you do not agree to any changes, if and when such changes may be made to these Terms, You must cease use of the Site. Your use of the Site after any modifications to these Terms indicates that you agree to such modified Terms.

General Terms


These Terms shall be governed by the internal substantive laws of the State of New York. Any claim or dispute between you and Marketplace Center, LLC that arises in whole or in part from Marketplace Center, LLC’s Agreements with you shall be decided exclusively by a court of competent jurisdiction located in the County of Ontario in the State of New York. You agree that prior to initiating any claim or proceeding against Marketplace Center, LLC (or its affiliates, partners, officers, directors, employees or subsidiaries) that you shall first provide notice of the complaint, claim, or proceeding in writing to us at 468 South Pearl Street, Suite A, Canandaigua, NY 14424 and at info@marketplacecenter.com. YOU AND MARKETPLACE CENTER, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, SUBJECT TO THE LAWS OF YOUR JURISDICTION.

You confirm you are legally able to accept these Terms. You affirm that you are either 18 years of age or more, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. And as stated, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please exit from the Site immediately and refrain from using it.