MARKETPLACE TERMS OF USE
Last modified: May 7, 2024
Introduction
The Marketplace Terms of Use are entered into by and between you, whether as a Consignor, Seller, Buyer, or User (“You,” “you,” “User,” or “user“) and MBSD Family Corp (“MBSD,” “mbsdpipes.com,” “We,” “we,” “Our,” “our,” “Us,” or “us“).
Acceptance of the Marketplace Terms of Use
The following Terms of Use, together with any documents expressly incorporated by reference (collectively, these “Marketplace Terms“), govern your access to and use of MBSDpipes.com, all affiliated websites, including mobile websites and applications, owned and operated by MBSD, our successors in interest, or our affiliates, including any content, functionality, and services offered on or through MBSDpipes.com and affiliated websites and applications (the “Marketplace“).
The purpose of the Marketplace is to bring together Buyers, Sellers, and Consignors for the purchase and sale of tobacco-related products (the “Purpose“). MBSD does not offer The Marketplace for any other purpose. You acknowledge and agree not to use, or assist another User to use, the Marketplace for any reason other than the Purpose.
Please read these Marketplace Terms carefully before you start using the Marketplace. Your use of the Marketplace, or by clicking to accept or agree to these Marketplace Terms when this option is made available to You, you accept and agree to be bound and abide by these Marketplace Terms and our Privacy Policy, found at https://MBSDpipes.com/marketplace-privacy-policy/ (the “Marketplace Privacy Policy”), incorporated herein by reference. If You do not want to agree to these Marketplace Terms or the Privacy Policy, You must not access or use the Marketplace.
The offer by MBSD of the Marketplace is for users 21 years or older residing in the United States or any of its territories or possessions. By using the Marketplace, You represent and warrant that You are of legal age to form a binding contract with MBSD and meet all the previous eligibility requirements. If You do not meet these requirements, You must not access or use the Marketplace. MBSD does not knowingly collect information from anyone under thirteen (13). When browsing the Marketplace, you agree to follow our guidelines or instructions and that these Marketplace Terms apply to any use of the Marketplace whether you are registered or not with the Marketplace.
PLEASE BE ADVISED THAT THESE MARKETPLACE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND MBSD MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND LEGAL DISPUTES PROVISIONS BELOW). IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST MBSD OR OUR REPRESENTATIVES TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (SEE THE “ARBITRATION” SECTION BELOW). UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MBSD OR OUR REPRESENTATIVES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Defined Terms
Changes to the Marketplace Terms
Digital Signature
By registering an account with MBSD for use of the Marketplace (an “Account“) and clicking to accept the Marketplace Terms of Use when prompted, You are deemed to have executed these Marketplace Terms electronically, effective on the date You register an Account or click to accept the Marketplace Terms, according to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.).
Consent to Use Electronic Records
In connection with these Marketplace Terms, You may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Marketplace, you permit MBSD to provide these records to You electronically instead of in paper form.
Accessing the Website and Account Security
MBSD reserves the right to withdraw or amend these Marketplace Terms and any service or material provided on or through the Marketplace at MBSD’s sole discretion, without notice. MBSD will not be liable if, for any reason, all or any part of the Marketplace is unavailable at any time or for any period. From time to time, MBSD may restrict access to some parts of the Marketplace, or the entire Marketplace, to Users, including Buyers, Sellers, and Consignors.
You are responsible for:
You may be asked to provide specific registration details or other information to access the Marketplace or some of its resources. It is a condition of your use of the Marketplace that all the information You provide on, to, or through the Marketplace is correct, current, and complete. You agree that all information You provide to register with the Marketplace or otherwise, including but not limited to through the use of any interactive features on the Marketplace, is governed by MBSD’s Marketplace Privacy Policy, and You consent to all actions MBSD takes concerning your information consistent with the Privacy Policy. You must not provide false or misleading information about You or related to You, including false or misleading information about your goods listed on the Marketplace. You must not register for more than one Account without express written permission from MBSD. You must not ask or allow another person to create an Account on your behalf, whether for your use, benefit or otherwise.
When you register for an Account and from time to time after that, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize MBSD, directly or through third parties, to make any inquiries necessary to validate your identity and verify your ownership of your email address or financial accounts, subject to applicable law. You must provide MBSD with information about You and your business when requested.
If You choose or are provided with a username, password, or any other information as part of MBSD’s security procedures, You must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to the Marketplace or portions of it using your username, password, or other security information. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You agree to notify MBSD immediately of any unauthorized access to or use of your username, password, or any other security breach. You also agree to ensure that You exit your account at the end of each session. It would be best to use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
MBSD has the right to disable any username, password, or other identifiers, whether chosen by You or provided by MBSD, at any time in MBSD’s sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Marketplace Terms.
Registration is free. Registering as a User gives you an Account to house your information, profile, rating, and content. Your membership will allow you to buy goods listed on the Marketplace, participate in the Marketplace’s online forums (as applicable), and contribute to the Marketplace. Registration also allows you to become a Buyer, Seller, or Consignor.
Purchasing & Listing Goods in the Marketplace
The Marketplace is designed solely for the Purpose. The Marketplace does not allow MBSD, the Seller, or the Consignor to lease goods to Buyers. Anything You do in contravention of these Marketplace Terms and, specifically, the Purpose, will subject You to removal from the Marketplace entirely at MBSD’s sole discretion. Unless otherwise provided in any Terms of Sale provided by MBSD, all sales are final. MBSD will not be responsible for or involve itself in any disputes between Buyers and Sellers or Consignors or other Users regarding any purchase and sale of goods in the Marketplace. You are responsible for paying all fees, duties, and taxes associated with using the Marketplace wherever levied or required. Your responsibility includes withholding tax if it applies. MBSD may collect geographical location information to determine your location, which may be used for tax purposes.
Listing Conditions. When listing any goods for sale or consignment on the Marketplace, You agree to comply with all MBSD’s rules for listing, for auction or outright purchase, and MBSD’s selling practices, and also acknowledge and agree that:
Purchase Conditions. When buying an item on the Marketplace, You agree to all MBSD rules for Buyers and also acknowledge and agree that:
Payment. Regarding your use of the Marketplace as a Seller or Consignor, there is no fee to list any goods for sale or consignment. If a Buyer purchases a Seller’s or Consignor’s item, MBSD will receive payment as described in the Consignment Terms section of this document.
For Vendors using the Marketplace’s Consigned Item service, you must have a PayPal account or a bank account for MBSD to make payments to you (“Payment Method”). MBSD will transfer the vendor’s share of the proceeds of the sale of a Consigned Item to you via PayPal (USA and International), Bank Transfer (International), or Check (USA).
Buyers and Vendors: You authorize MBSD and its affiliates, including but not limited to PayPal and other payment processing partners, to run credit card authorizations on all credit cards provided by You, to store credit card and banking or other financial details as your method of payment for goods on the Marketplace, and to charge your credit card (or any other Payment Method). Third parties may charge credit cards and PayPal accounts. When You authorize the payment for the purchase of goods on the Marketplace, You automatically and irrevocably authorize and instruct the relevant payment processing partner to charge You based on the Payment Method for the goods listed there.
Buyers and Vendors: By providing Payment Method information through the Marketplace (via your Account), You represent, warrant, and covenant that (a) You are legally authorized to provide such information; (b) You are legally authorized to perform payments using such Payment Method; and (c) such action does not violate the Terms of Use applicable to your use of such Payment Method or applicable law. When You authorize a payment using a Payment Method via the Marketplace, You represent a warrant and covenant that sufficient funds or credit are available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Marketplace Terms cannot be collected from You via your chosen Payment Method, you may not receive the item or be forced to return the purchased item.
Completion of Transaction. It may take one to five business days (or more) to process and complete transactions between Buyers and MBSD. Please allow at least one to five business days before expecting the transaction details to appear in the account using the applicable payment method.
Buyer Acceptance of Item. Marketplace Sellers should expect to receive payment on items sold within three (3) business days after the buyer acceptance period has expired, which is three days after confirmation of delivery of said item. Buyers shall have three (3) calendar days to accept or reject the item purchased if the seller misrepresented it. No claims can be made after the expiration of the three-day acceptance period.
No Refunds. As a Marketplace Buyer, You acknowledge and agree that a third-party payment processing company may charge your designated Payment Method for the price of the item listed on the Marketplace immediately upon your click to purchase. Therefore, considering the provision of the Marketplace by MBSD, You agree that once your designated Payment Method is charged for the price of the chosen item listed on the Marketplace, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, you agree not to ask your credit card company, bank, or other Payment Method provider to charge back any charges charged according to these Marketplace Terms for any reason. A chargeback in breach of the preceding obligation is a material breach of these Marketplace Terms. If You initiate a chargeback violating these Marketplace Terms, You agree that MBSD or applicable MBSD partner may dispute or appeal the chargeback and institute collection actions against You.
Consignment Terms
By consigning your item (the “Consigned Item”) to MBSD Family Corp (the “Consignee”), you (the “Consignor”) accept and agree to be bound by these Consignment Terms.
1. The consignor represents and warrants that it holds full title to the Consigned Item and grants the Consignee the right to take possession of it and sell it to a third party (“Buyer“).
2. The Consignor agrees and acknowledges that the Consigned Item shall be shipped to and stored in the Consignee’s physical possession for the Duration unless the Consignor has been granted permission by the Consignee of the Consigned Item shipping process.
3. Duration: The Duration is twelve (12) months from the receipt of the Consigned Item unless otherwise agreed to by both parties in writing.
4. Listing and Selling
4.1 The Consignee shall be entitled to 25% of each item purchase price of the Consigned Items (collectively, the “Consignment Fee”) (Unless otherwise agreed to in writing by both parties) when the Consigned Item sells to a Buyer, the Consignee collects the Buyer payment, the Consignee ships the item, and the Consignee handles any item return activity. The Consignee is entitled to the Consignment Fee immediately upon selling the Consigned Item to a third party.
4.2 The Consignee shall be entitled to 15% of each item purchase price of the Consigned Items (collectively, the “Consignment Fee“) (Unless otherwise agreed to in writing by both parties) when the Consigned Item sells to a third party, the Consignee collects the Buyer payment, the Consignor ships the item, and the Consignor handles any item return activity. The Consignee is entitled to the Consignment Fee immediately upon selling the Consigned Item to a third party. If the item is returned for any reason by the Buyer to the Consignor, the Consignee is entitled to keep 100% of the Consignment Fee. Any returned relisted Consigned Item is considered a new listing for all purposes.
4.3 If the Consigned Item does not sell to a third party within the first thirty (30) days of being listed on the website, the Consignee will reduce the Consigned Item price by 5% of the original listing price every thirty (30) days for the first six (6) months.
4.4 If the Consigned Item has not been sold to a Buyer after six (6) months, the Consignee may lower the Consigned Item price to 50% of the original listing price.
4.5 If the Consigned Item has not been sold to a Buyer after nine (9) months, the Consignee may lower the Consigned Item price to 25% of the original listing price.
4.6 If the Consigned Item does not sell to a Buyer within the Duration, the right to possession of the Consigned Item shall immediately revert to the Consignor at the end of the Duration. Example: Suppose the Consignee takes possession of the Consigned Item and it does not sell to a Buyer within the Duration. In that case, the Consignee shall ship the Consigned Item to the Consignor within seven (7) days of the end of the Duration, with the shipping and handling expense being prepaid by the Consignor. If the Consignor refuses or ignores the requirement to prepay the shipping and handling expense within seven (7) calendar days of such a request by the Consignee, the ownership of the Consigned Item is fully transferred to the Consignee with no payment due to the Consignor.
4.7 At any time before the Consigned Item sale, the Consignor may request in writing that the Consigned Item(s) be returned, with the Consignor agreeing to pay shipping and handling costs to the Consignee before the item is returned.
5 Auctions
5.1 The Consignor grants the Consignee the exclusive right to display and auction the Consigned Items according to the terms and conditions of this Agreement.
5.3 The Consignor shall set the Starting Bid, Buy-It-Now Price, and Reserve Price at which the Consignor will auction the Consigned Item.
5.3 The Consignor shall set the duration for bidding (the “Duration” ): one day, three days, five days, seven days, ten days, or thirty days.
5.4 All terms in the Listing and Selling subsection apply to Auctions unless otherwise agreed to in writing by both parties.
6. Taxes
6.1 The Consignee shall charge, collect, and file taxes for the Consigned Item(s) based on the Buyer’s Shipping or Billing address.
7. Shipping & Handling
7.1 If the Consignee is shipping the Consigned Item(s) to the Buyer, the Buyer shall pay the shipping and handling fees set by the Consignee.
7.2 If the Consignor is shipping the Consigned Item(s) to the Buyer, the Buyer shall pay the shipping and handling fees set by the Consignor.
7.3 If the Consignor offers free or discounted shipping of the Consigned Item(s) to the Buyer, the Consignee shall deduct the shipping and handling fees from the Consignor’s payout portion.
8. Returns
8.1 If the Consignee shipped the item to the Buyer, the Buyer will adhere to the Consignee’s Return Policy. The Consignee will make no refunds of shipping and handling costs for the returned Consigned Item(s) to the Buyer except as defined in the Consignee Return Policy.
8.2 If the Consignor shipped the item to the Buyer, the Buyer will adhere to the Consignor’s Return Policy. The Consignee will not refund shipping and handling costs for the returned Consigned Item(s) to the Buyer or the Consignor.
9. Coupons and Discounts
9.1 At their sole discretion, the Consignee shall have the right to offer any Consigned Item a Coupon with up to (five) 5% off.
9.2 At their sole discretion, the Consignor shall have the right to offer any Consigned Item a Coupon with up to (fifty) 50% off.
10. Minimum Initial Consigned Item Price
10.1 The minimum initial Consigned Item price shall be $75 unless both parties agree otherwise in writing.
This Agreement may not be modified, amended, altered, or supplemented except by an agreement in writing executed by the parties hereto.
This Agreement and the interpretation of its terms shall be governed by and construed per the laws of the State of Georgia and subject to the exclusive jurisdiction of the federal and state courts located in the State of Georgia.
Relationship with MBSD
MBSD makes no representations about and does not guarantee the quality, safety, or legality of the goods listed on the Marketplace, the truth or accuracy of Sellers’ or Consignors’ listings on the Marketplace, or the qualifications, background, or identities of any Users.
MBSD is not required to and may not verify any feedback or information given to MBSD by Users, nor does MBSD perform background checks on Users.
You acknowledge and agree that MBSD may provide information about you on the Marketplace, such as feedback, composite feedback, a rating tool, or verification of identity or credentials. However, such information is based solely on data that Users voluntarily submit to MBSD and does not constitute and will not be construed as an introduction, endorsement, recommendation, or other representation by MBSD; MBSD provides such information solely for Users’ convenience.
Intellectual Property Rights
Excluding the goods listed on the Marketplace and any Seller or Consignor trademarks or works of authorship (e.g., copyrightable content), the Marketplace and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, designs, names, photographs, illustrations, graphics, images, video and audio, and the design, selection, and arrangement thereof), are owned by MBSD, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Marketplace Terms permit You to use the Marketplace for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Marketplace, except as follows:
You must not:
You must not access or use any part of the Marketplace or any services or materials available through the Marketplace for commercial purposes.
If You wish to use material on the Marketplace other than that set out in this section, please address your request to ma*********@MB*******.com .
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Marketplace in breach of the Marketplace Terms, your right to use the Marketplace will cease immediately. You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Marketplace or any content on or provided through the Marketplace is transferred to You, and MBSD reserves all rights not expressly granted. Any use of the Marketplace not explicitly permitted by these Marketplace Terms is a breach of these Marketplace Terms and may violate copyright, trademark, and other laws.
Trademarks. The MBSD name, the MBSD logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MBSD or its affiliates or licensors. You must not use such marks without MBSD’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Marketplace are the trademarks of their respective owners.
Prohibited Uses
You may use the Marketplace only for lawful purposes per these Terms. You agree not to use the Marketplace:
Additionally, You agree not to:
User Contributions and Marketplace Feedback
The Marketplace may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other Users or other persons (“Post”) content or materials (collectively, “User Contributions”) on or through the Marketplace.
All User Contributions must comply with the Marketplace Content Standards Terms. Any User Contribution You post to the Marketplace will be considered non-confidential and non-proprietary. You grant MBSD and our affiliates and service providers by providing any User Contribution on the Marketplace. Each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contribution, including all information and material therein, for any purpose.
You represent and warrant that:
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute. You, not MBSD, are responsible for such content, including its legality, reliability, accuracy, and appropriateness. MBSD is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Marketplace.
For the benefit of other Users of the Marketplace, MBSD encourages You to leave objective, balanced feedback about Users with whom you have transacted should such functionality be made available to You. You acknowledge and agree that feedback results for You may consist of comments, ratings, and other feedback left by other Users, which MBSD may make available to other Users, including composite feedback based on these individual ratings. A public feedback system is merely a means through which users can share their opinions publicly, and MBSD does not monitor or censor any Users’ views. MBSD does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that MBSD do so. You may be held legally responsible for damages suffered by other Users or third parties due to your remarks if such remarks are defamatory or otherwise legally actionable. MBSD is not legally responsible for any feedback or comments posted or made available on the Marketplace by any Users or third parties, even if that information is defamatory or otherwise legally actionable. To protect the integrity of the feedback system and protect Users from abuse, MBSD reserves the right (but is under no obligation) to remove posted feedback or information that, in MBSD’s sole judgment, violates these Marketplace Terms or negatively affects the Marketplace community or operations.
Monitoring and Enforcement; Termination
MBSD has the right to:
Without limiting the preceding, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Marketplace. YOU WAIVE AND HOLD HARMLESS MBSD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE PRECEDING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, MBSD does not undertake to review User Contributions, including any information or material provided therein or in connection in addition to that, before it is posted on the Marketplace and cannot ensure prompt removal of objectionable User Contributions after they have been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. MBSD has no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Content Standards
The content standards outlined in this section (the “Content Standards“) apply to all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the preceding, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Marketplace Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Marketplace is available solely for general information. MBSD does not warrant this information’s accuracy, completeness, or usefulness. Any reliance You place on such information is strictly at your own risk. MBSD disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Marketplace or by anyone who may be informed of any of its contents.
The Marketplace includes content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, or reporting services through User Contributions. All statements or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by MBSD are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect MBSD’s opinion. MBSD is not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the Marketplace
MBSD may update the content on the Marketplace from time to time, but its content is not necessarily complete or up-to-date. Any material on the Marketplace may be outdated at any given time, and MBSD is not obligated to update such material.
Information About You and Your Visits to the Marketplace
All information MBSD collects on the Marketplace is subject to our Marketplace Copyright Policy. By using the Marketplace, you consent to MBSD’s actions concerning your information in compliance with the Marketplace Copyright Policy.
Online Purchases and Other Terms of Use
These Marketplace Terms govern all purchases through the Marketplace or other transactions for the sale of goods, services, or information formed through the Marketplace or as a result of your visits. Additional terms and conditions may apply to specific Marketplace portions, services, or features. This reference incorporates all such additional terms and conditions into these Marketplace Terms.
Linking to the Marketplace and Social Media Features
You may link to the Marketplace homepage, provided you do so fairly and legally and do not damage MBSD’s reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on MBSD’s part without our express written consent.
The Marketplace may provide certain social media features that enable You to:
You may use these features solely as they are provided by MBSD, solely for the content they are displayed with, and otherwise per any additional terms and conditions MBSD delivers for such features. Subject to the preceding, You must not:
The website from which you link or make certain content accessible must comply with the Content Standards in these Marketplace Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. MBSD reserves the right to withdraw linking permission without notice.
MBSD may deactivate all or any social media features and links at any time without notice in MBSD’s sole discretion.
Links from the Marketplace
If the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, banner advertisements, and sponsored links. MBSD has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Marketplace, you do so entirely at your own risk and are subject to such website’s terms and conditions of use.
Geographic Restrictions
The owner of the marketplace is based in Ohio, United States. We provide the Marketplace for use by persons located in the United States. MBSD makes no claims that the Marketplace or any of its content is accessible or appropriate outside of the United States. Access to the Marketplace may not be legal for certain persons or countries. If You access the Marketplace from outside the United States, You do so on your initiative and are responsible for compliance with local laws. The Marketplace is unavailable to anyone in any U.S.-sanctioned country or on the U.S. Treasury Department’s Specialty Designated Nationals List (S.D.N. list). You must not export or re-export data or information provided on or through the Marketplace to a U.S.-sanctioned country or anyone on the S.D.N. list.
Disclaimer of Warranties
You understand that MBSD cannot guarantee or warrant that files available for downloading from the internet or the Marketplace will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Marketplace for any reconstruction of any lost data. MBSD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
YOUR USE OF THE MARKETPLACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE IS AT YOUR OWN RISK. THE MARKETPLACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MBSD NOR ANY PERSON ASSOCIATED WITH MBSD MAKES ANY WARRANTY OR REPRESENTATION OF THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MARKETPLACE. WITHOUT LIMITING THE PRECEDING, NEITHER MBSD NOR ANYONE ASSOCIATED WITH MBSD REPRESENTS OR WARRANTS THAT THE MARKETPLACE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MARKETPLACE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MBSD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE PRECEDING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL MBSD OR ITS REPRESENTATIVES OR THEIR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MARKETPLACE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MARKETPLACE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE PRECEDING DOES NOT AFFECT ANY LIABILITY THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless MBSD and its Representatives, their licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Marketplace Terms or your use of the Marketplace, including, but not limited to, your User Contributions, engagement with a Buyer, Seller, or Consignor, any use of the Marketplace’s content, services and products other than as expressly authorized in these Marketplace Terms or your use of any information obtained from the Marketplace.
Governing Law and Jurisdiction
All matters relating to the Marketplace and these Marketplace Terms and any dispute or claim arising from there or related to that (in each case, including non-contractual disputes or claims) shall be governed by and construed per the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Marketplace Terms or the Marketplace that is not already covered by and subject to the Arbitration section below shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Rockmart and County of Polk. However, we retain the right to bring any suit, action, or proceeding against You for breach of these Marketplace Terms in your country, state, and county of residence. You waive all objections to exercising jurisdiction over You by such courts and venue in such courts.
Arbitration
PLEASE READ THIS SECTION CAREFULLY. At MBSD’s sole discretion, it may require You to submit any disputes arising from the use of these Marketplace Terms or the Marketplace, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. YOU WAIVE ALL RIGHTS TO A TRIAL IN A COURT BEFORE A JUDGE OR A JURY ON ANY SUCH DISPUTE. YOU ACKNOWLEDGE THAT THE RESULTS OF SUCH ARBITRATION WOULD BE FINAL AND BINDING AND THAT THE ARBITRATOR WOULD NOT HAVE THE AUTHORITY TO CONSOLIDATE THE CLAIMS OF OTHER USERS OR OTHERWISE CERTIFY OR FASHION A CLASS OR COLLECTIVE ACTION TO AWARD RELIEF TO A GROUP OF USERS. YOU ACKNOWLEDGE THAT JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE MARKETPLACE TERMS OR THE MARKETPLACE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by MBSD of any term or condition outlined in these Marketplace Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MBSD to assert a right or provision under these Marketplace Terms shall not constitute a waiver of such right or provision.
If any provision of these Marketplace Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, in that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Marketplace Terms will continue in full force and effect.
Entire Agreement
These Marketplace Terms and Conditions, our Marketplace Privacy Policy, and the Marketplace Copyright Policy constitute the sole and entire agreement between You and MBSD, L.L.C. for the Marketplace and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, for the Marketplace.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our Marketplace Copyright Policy in the manner and by the means set forth.
All other feedback, comments, requests for technical support, and other communications relating to the Marketplace should be directed as defined in the Contact Information section.
Contact Information
To ask questions or comment about the Marketplace Terms of Use, contact MBSD at:
Or write MBSD at:
MBSD FAMILY CORP
130 E. ELM ST
PO BOX #759
Rockmart, GA 30153
Office: +1.706.333.1651
Thank you for reading the MBSD Marketplace Terms of Use. Please also read the MBSD Marketplace Privacy Policy and the MBSD Marketplace Copyright Policy. Check back often for updates!