Meet Market Makers Inc. welcomes you. Meet Market Makers provides services subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.MeetMarketMakers.com.
In addition, when using particular Meet Market Makers owned or operated services, you and Meet Market Makers will be subject to any posted guidelines or rules applicable to such services, which may be updated from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. About Meet Market Makers
Meet Market Makers is a location-based market exchange for individuals and businesses to promote and market Services, Products and Jobs.
We enable people to transact in an open market to pursue financial independence without the burden of hidden fees, payment processing or purchase protection charges. Content is arranged in multilevel category directories to facilitate fast and easy access to the offered or wanted listings, as well as to grant users on-the-fly communication with the listing party via an autonomous email system. Registered users are able to express interest, make an offer, accept or counter an offer, participate in auction bidding, and complete secure payment transactions for free.
In summary, we work hand in hand with individuals and businesses to help them gain greater visibility and unlock their full marketability in or outside their geography so they can develop productive interactions and vibrant transactions leading to a better quality of life for themselves and each other. Our goal is to put unique talents, expertise and commerce to work in communities, and enrich lives in the process.
3. Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or Meet Market Makers has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Meet Market Makers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Meet Market Makers is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Meet Market Makers account for those children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
5. User ID and Password Securityt
To use the services and products available from the Site, you must register for an "Account". You need to enter a unique User ID/name and password while registering. You are responsible for maintaining the confidentiality of the password and User ID/Name and are fully responsible for all activities that occur under your password or User ID/Name. You agree to: (a) immediately notify Meet Market Makers of any unauthorized use of your password or User ID/Name or any other breach of security, and (b) ensure that you log out of your Account at the end of each session. Meet Market Makers cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6. User Conduct
You understand that all information, data, text, software, sound, photographs/images, graphics, artwork, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Meet Market Makers, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Meet Market Makers does not control the Content posted via the Service and, as such, cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances shall Meet Market Makers be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, unethical, hateful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive, racially or ethnically offensive, or otherwise objectionable;
b. harm or deceive minors in any way;
c. impersonate another person or entity, including, but not limited to, a Meet Market Makers official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. provide material posting support or resources (or conceal or disguise the nature, location, source, or ownership of material posting support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k, above.
You acknowledge that Meet Market Makers and its designees may pre-screen Content and, based on TOS breaches or violations, has the right (but not the obligation) to pre-screen, refuse, or move any Content that is available via the Service at its sole discretion. Without limiting the foregoing, Meet Market Makers and its designees have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent, and agree that Meet Market Makers may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Meet Market Makers, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Meet Market Makers and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the Service, in whole or in part, is strictly prohibited.
7. Interstate Communications
When you register with Meet Market Makers, you acknowledge that by using Meet Market Makers services to send electronic communications (including but not limited to email, search queries, sending messages, uploading images and files to Meet Market Makers storage devices while registering, and other Internet activities), you will be causing communications to be sent through Meet Market Makers' computer networks, portions of which are located in California and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Meet Market Makers' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications, regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of electronic data exported from the United States or the country in which you reside.
9. Content for Inclusion in the Service
Meet Market Makers does not claim ownership of Content you submit or make available for inclusion in the Service. However, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Service, you grant Meet Market Makers the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Meet Market Makers’ network of properties that are intended by Meet Market Makers to be available to the general public. By way of example, publicly accessible areas of the Service would include Meet Market Makers User Profile Listing Section, and Meet Market Makers Products and Auction Listing Sections that are open to Users and Visitors. However, publicly accessible areas of the Service would not include portions of Meet Market Makers Automated Email Communication System that are limited to Users, or areas of the Meet Market Makers network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Meet Market Makers.
10. Service Use and Storage Practices and Limits
You accept that Meet Market Makers may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, non-active Registered User data, services profile postings, product postings, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum disk space that will be allotted on Meet Market Makers' servers on your behalf, and the maximum duration you may stay connected to the Service in a given period of time. You accept that Meet Market Makers reserves the right to log off accounts that are inactive for an extended period of time for your and our protection. You agree that Meet Market Makers has no responsibility or liability for the deletion or failure to store any communication messages or other Content maintained or transmitted by the Service. You further accept that Meet Market Makers reserves the right to modify these general practices and limits from time to time.
11. User Fees
You agree to pay all fees applicable to your use of the Meet Market Makers Services, and you agree not to circumvent Meet Market Makers' fee structure, all in accordance with the Site Policies and the Pricing Terms.
Meet Market Makers makes the Site available as an online venue for Registered Users and Visitors to search Services, Products and Jobs listings and transact honorably, all in accordance with the Site Policies and the Payment Terms. With the exception of the deposit function and responsibility towards Buyers, Meet Market Makers is not involved in any other dealing with Buyers besides the title-controlled delivery of the physical products or services to Buyers. Meet Market Makers has no control over and does not guarantee the quality, safety or legality of content advertised, the truth or accuracy of postings, the qualifications, background, or abilities of Users, the ability of Sellers to deliver the advertised products or services to Meet Market Makers timely, or that Buyers or Sellers can or will actually complete a transaction.
Buyer and Seller Performance Agreement
Upon acceptance of a bid, Seller agrees to sell and transfer product ownership title to Meet Market Makers in exchange of the final bid amount payment, and Buyer agrees to purchase the item for the final bid amount from Meet Market Makers in accordance with the TOS, and any other provisions made between the parties. Buyer and Seller agree not to enter into any contractual provisions in conflict with the TOS. Any provision of a transaction in conflict with the TOS is void. The Buyer and Seller each covenants and agrees to act with good faith and fair dealing with Meet Market Makers to perform its duties of the accepted transaction promptly. Furthermore, Buyer and Seller each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Buyer and Seller therefore agree that Meet Market Makers has the right to take such actions with respect to the performance of each, including without limitation suspension, termination, or legal actions, as Meet Market Makers in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
Meet Market Makers has no editorial control over content posted by Users on this Site, and is not responsible for and does not monitor content for accuracy or reliability. Any products or services statements, offers or other information or content entered are those of the respective author(s) or distributor(s) and not of Meet Market Makers. Meet Market Makers neither endorses nor is responsible for the accuracy or reliability of any information or statement made on this Site by anyone other than authorized Meet Market Makers employees acting in their official capacities. Meet Market Makers does not confirm or verify if Users claiming to be a professional or claiming to be qualified to provide professional services are in fact licensed or otherwise qualified to provide the services being offered.
The content placed by Users of products and services may contain links to other Web sites or resources. You agree and accept that Meet Market Makers is not responsible or liable for: (i) the availability or accuracy of such Sites or resources; or (ii) the content, advertising, products or services on or available from such Sites or resources. The inclusion of any link in content postings by the authoring party does not imply that we endorse the linked Site, which, when used, is at your own risk.
The TOS and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Meet Market Makers, except and solely to the extent expressly stated.
Access and Interference
You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site without the prior express written permission of Meet Market Makers and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
13. Warranty Disclaimer
THE SERVICES PROVIDED BY MEET MARKET MAKERS HEREUNDER ARE PROVIDED "AS IS", AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOY APPLY TO YOU.
14. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USERS FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
If you have a dispute with another User, you release Meet Market Makers (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such dispute. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION), WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold Meet Market Makers and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Meet Market Makers: (a) in connection with your use of the Services, including any payment obligations incurred through use of the Services; (b) due to or arising out of Content you submit, post, transmit or otherwise make available through the Service; (c) in connection with your use of the Service, including any payment obligations incurred through use of the Services; or (d) resulting from: (i) your use of the Site; (ii) your decision to submit postings and accept offers; (iii) your breach of contract or other material negligence caused while conducting business through the Site; (iv) your breach of any provision of the TOS; (v) any liability arising from the tax treatment of payments or any portion thereof; (vi) any negligent or intentional wrongdoing by any User; (vii) any act or omission of yours with respect to the payment or other obligations to Meet Market Makers you entered a binding contract with; (viii) your dispute of or failure to pay the purchase price for products agreed to acquire or any other payment; and/or (ix) your obligations to Meet Market Makers. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any kind; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at your cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
17. Intellectual Property
License and Site Access
Subject to and conditioned on compliance with the TOS, Meet Market Makers grants you a limited license to access and, if you are a User, to use this Site internally for the purpose of accessing and receiving the Services available and authorized from this Site. You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your Meet Market Makers ID), use of the Service, or access to the Service. You agree not to use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You agree not to attempt to reverse engineer or attempt to interfere with the operation of any part of this Site, unless expressly permitted by law.
Reservation of Rights
Meet Market Makers and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Meet Market Makers logo and name are trademarks of Meet Market Makers, and are registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the TOS confers any license under any of Meet Market Makers' or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
18. Customer Service
If you have any questions, suggestions, reports of problems or complaints regarding any Meet Market Makers Services, your use of the Site, the conduct of or purchase , sale, delivery, or payment of or for Services by or from any Registered User, please contact us at Contact Us and state your concern.
19. Notices and Communications
Meet Market Makers will communicate with you by email unless you request otherwise in writing to Customer Service. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Meet Market Makers sends it to the email address you have provided to Meet Market Makers on this Site. You must keep your email address updated on this Site. All notices to Meet Market Makers intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
Meet Market Makers, Inc.
17046 Saddlewood Trail
Minnetonka, MN 55345
Such notices to Meet Market Makers are deemed effective upon receipt.
20. Resolution of Disputes between Users and Meet Market Makers
If a dispute arises between you and Meet Market Makers, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and Meet Market Makers agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Meet Market Makers Services (a “claim”) in accordance with this section entitled “Resolution of Disputes between Users and Meet Market Makers”. Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Contact Us and state your concern.
Law and Forum for Disputes
The TOS are governed in all respects by the laws of the State of California without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Meet Market Makers must be resolved by a court located in Santa Clara County, California, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
For any claim arising between you and Meet Market Makers (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider, mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner being chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award, the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes between User and Meet Market Makers," Meet Market Makers will be entitled to recover all attorneys' fees and costs, provided that Meet Market Makers has notified you in accordance with the TOS of the improperly filed claim, and you have failed to promptly withdraw the claim.
This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Meet Market Makers or you as provided for under the terms of this Section.
Either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) Meet Market Makers shall continue to perform the services necessary to complete any open transaction between you and Meet Market Makers; and (ii) you shall continue to be obligated to pay Meet Market Makers for any binding contract entered into and complete any such transactions.
Without limiting Meet Market Makers' other remedies, to the extent you engage in actions or activities which circumvent the Meet Market Makers Site or otherwise reduce fees owed to Meet Market Makers under the TOS, you will pay Meet Market Makers for all fees owed to Meet Market Makers and reimburse Meet Market Makers for all losses and costs (including any and all Meet Market Makers employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
You agree that Meet Market Makers may, under certain circumstances and without prior notice, immediately terminate your Meet Market Makers account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Meet Market Makers account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made at Meet Market Makers' sole discretion and that Meet Market Makers shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
When your account is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Users and Meet Market Makers," "General," and "Payment Services Terms and Conditions" will survive termination of this Agreement.
Meet Market Makers, located in Nevada, is the provider of the electronic commercial services on this Site. Users are notified in advance via this Site of any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department Consumer Affairs in Nevada may be contacted in writing at 1850 East Sahara Avenue, Suite 101, Las Vegas, NV 89104, or by calling 1-800-326-5202 or by emailing NCAD@fyrconsumers.org. Upon request you may have this Agreement sent to you by email. Please feel free to contact Meet Market Makers to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or contacting is at Contact Us and state your concern.
"Buyer" means a User or Registered User who investigates and purchases services or products offered.
"Meet Market Makers Services" means any of the above Services that are delivered by Meet Market Makers.
“Registered User” means a person or legal entity who registers for an Account to buy, sell or trade products.
"Seller" means a Registered User who offers and delivers products for sale or rent.
"User" means (1) a person or legal entity who registers for an Account to post a personal user or professional user profile listing, (2) a person who is a User or Registered User using the Site for its own interest, or (3) a person who uses the Site on behalf of a User or Registered User being a company or organization.
"Visitor" means a person who is visiting the Site, but is not a Registered User.
"You" means a Visitor, Registered User accessing the Site or using the Services for its own interest or if the Services are used on behalf of a company or organization, "you" means the User who accesses the Site on behalf of a Registered User (and such User represents that he or she has the formal and legally binding authority to do so on the Registered User's behalf).
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Meet Market Makers will not be considered to have modified or waived any of our rights or remedies under the TOS unless the modification or waiver is in writing and signed by an authorized representative of Meet Market Makers. No delay or omission by Meet Market Makers in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the TOS is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign, or delegate your rights or obligations (including your Account) under the TOS to anyone without the express written permission of Meet Market Makers, and any attempt to do so will be null and void. Meet Market Makers may assign this Agreement in its discretion.
Except for the payment of fees or commissions to Meet Market Makers, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in the TOS are included for ease of reference only and have no binding effect. The TOS and all documents referenced in the TOS (including the Site Policies listed and available by hyperlink below) comprise the entire agreement between you and Meet Market Makers with respect to the use of this Site. They supersede all prior agreements between the parties regarding the subject matter contained herein, as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
The Agreement hereby incorporates all terms and conditions, rules, policies, and guidelines on the Site, including:
Payment Service Terms and Conditions
Safeguarding Your Password and User ID
Posting Information or Content
User Profile Posting
Posting Fee Programs
Enforcement of Terms of Service
Contacting Customer Service
Meet Market Makers' mandatory requirement to access and use the Payment Service (the "Payment Service") is that you must register and establish an Account.
To pay for services using the Payment Service, you must have an Account that holds information regarding a valid credit card or debit card issued by a reputable financial institution, or a bank account in the name of the person or legal entity registered.
Deposit Holding Account
Funds in a Deposit Holding Account may be used to pay Meet Market Makers for User Profile posting fees, transaction fees, wire transfer fees, and buyer's purchase payment settlement after receipt of buyer's transaction acceptance email confirmation.
A Buyer may add funds to its Deposit Account by any of the methods available on the Payment Service web pages. The Buyer must reasonably intend that such amounts will be used to pay Meet Market Makers for products sold or rented to Buyer through the Site. THE DEPOSIT HOLDING SERVICE IS AN INTEGRAL PART OF THE PAYMENT SERVICE AND IS AVAILABLE FREE OF CHARGE.
Meet Market Makers provides the Payment Service and requires you to use it to make all payments to Meet Market Makers for purchase transactions entered into through the Site. Solely for purposes of the Payment Service, and not for any other Services available through the Site, Meet Market Makers acts as your custodian based upon your instructions and your requirements to perform tasks on your behalf. Meet Market Makers shall at all times hold your deposit funds separate from its corporate operating accounts and will not voluntarily make your funds available to its creditors in the event of bankruptcy or for any other purpose.
As a Buyer, you agree to pay payment requests for purchase transactions when the requests originate from the Meet Market Makers Payment Service, and as a Buyer you acknowledge that you are obligated to satisfy payment requests when purchase transactions originate from the Meet Market Makers Payment Service.
You acknowledge that: (1) Meet Market Makers is not a bank and the Payment Service is not a banking service; and (2) Meet Market Makers is not acting as a trustee or fiduciary with respect to your funds, but is acting only as a custodian. (3) MEET MARKET MAKERS IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE DEPOSIT HOLDING ACCOUNT ARE NOT INSURED DEPOSITS IN THE EVENT OF A BANK FAILURE OR FINANCIAL MARKET CRISIS.
By initiating payment requests and sending payments through the Payment Service or adding funds to your Deposit Holding Account, you appoint Meet Market Makers as your custodian to accept and hold the funds on your behalf and to transfer the funds to Meet Market Makers, subject to the terms and conditions of this Agreement.
Payment Service Provider
Meet Market Makers acts as a payment service provider by creating, hosting, maintaining, and providing the Payment Service to you via a highly secure and first class online payment processing gateway. Nothing in the Payment Service will be deemed to constitute Meet Market Makers your agent with respect to any products offered on the Site, or expand or modify any warranty, liability or indemnity stated in the TOS.
You agree that you will not receive interest or other earnings on the funds in your Deposit Holding Account or that Meet Market Makers otherwise handles as your agent. Meet Market Makers may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking Services or other compensation in respect of any balances in Accounts.
How to Pay for Products using the Payment Service
To pay for a purchase transaction, Buyers must use the Payment Service, follow the instructions and Payment Service links on the Site, and provide the information requested. Unless you have a balance in your Deposit Holding Account, Meet Market Makers shall charge your credit card, debit card or your bank account for the necessary amount. By providing us with your credit card, debit card and bank account information, you authorize us to charge such credit card or debit card, or such bank account for the amounts stated on the applicable Payment Service web page.
As a Buyer, you acknowledge and agree that when you complete a purchase transaction by sending Meet Market Makers an email acceptance confirmation, you instruct Meet Market Makers to release payment from the Deposit Holding Account for the payment settlement with Meet Market Makers for that specifically accepted transaction amount. Such instruction: (1) is an acknowledgement that the transaction is completed fully and satisfactorily. Once Meet Market Makers received Buyer's instruction to release funds from the Deposit Holding Account, Buyer may not be entitled to demand return of the funds. You therefore agree, as a condition of using the Payment Service, NOT to ask your card company to charge back any amount to Meet Market Makers for any reason. In the event you do, you hereby agree to repay Meet Market Makers for such amounts, plus reasonable attorney fees and costs of collection, and Meet Market Makers reserves the right to terminate Service to you in addition to all other rights available to Meet Market Makers.
Authorized Payments are Final
Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize us to charge against your Deposit Holding Account and, as appropriate, your credit card, debit card or bank account. Such payments, once authorized, ARE FINAL.
The Payment Service operates in US Dollars and therefore Meet Market Makers is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Meet Market Makers responsible for currency fluctuations that occur when receiving or sending payment via wire transfer to and from your Escrow Account.
Agreement to Pay
If, for any reason, Meet Market Makers does not receive full payment for any purchase that you have agreed to acquire through your use of the Site Service and the Payment Service, you agree to pay such amount immediately upon demand by Meet Market Makers. You also agree to pay any interest charges, attorney's fees and other costs of collection incurred by Meet Market Makers in collecting from you the authorized but unpaid amount. In such case, Meet Market Makers may, at its option, stop processing any further payments made by you and apply any amounts then held by Meet Market Makers on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other Meet Market Makers Service. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Disputes between Meet Market Makers and Sellers or Buyers
Any disputes in connection with purchase transactions between Meet Market Makers and Sellers or Buyers remain between Meet Market Makers and such Sellers or such Buyers. You further acknowledge that Seller and Buyer together will not be a party to any such dispute. Meet Market Makers will attempt to work with either party independently to reach settlement of a dispute, but Meet Market Makers will not be obligated to take any other action or refrain from taking any other action toward resolving any dispute. Meet Market Makers may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute with a Seller or a Buyer until a mutual resolution has been reached.
Reservation of Rights
Meet Market Makers reserves the right to seek reimbursement from any Seller and Seller will reimburse Meet Market Makers if Meet Market Makers discovers erroneous or duplicate transactions or receives a charge-back from any Buyer's credit or debit card issuer for the amount of such Buyer's purchase from Meet Market Makers. Meet Market Makers may obtain such reimbursement by reversing any credits to such User's bank Account, by charging such User's credit or debit card or by seeking reimbursement from such User by any other lawful means.
Termination of Deposit Holding Account
The Deposit Holding Account will terminate automatically upon release of all funds in the Deposit Holding Account. Meet Market Makers reserves the right to terminate the Deposit Holding Account, for any reason, by providing Buyer with 20-day advance written notice.
Survival of Terms following Termination
Upon termination of the Deposit Holding Account, the remaining provisions of the TOS will survive, including, without limitation, obligations to pay Meet Market Makers any amounts, provisions concerning dispute assistance, limitation of liability, and indemnification obligations.
If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Service.
Removal of Material for Which Copyright Infringement is Claimed
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act. Meet Market Makers has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed upon by a user of the Services available at the domain and sub-domains of www.MeetMarketMakers.com, please contact Customer Service at Contact Us and state your concern.
To be effective under this subsection, a notification of claimed infringement must be provided to Meet Market Markers in writing, with mention of the poster causing the infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Meet Market Makers has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Meet Market Makers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Meet Market Makers is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Meet Market Makers account for those children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
You agree to provide true, accurate, and complete information as prompted by the Registration form, and to update this information to maintain its truthfulness, accuracy, and completeness. Meet Market Makers may suspend or terminate your Account if information you provide is not complete or accurate.
You need to designate a unique User name/ID and password when completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and User ID and are fully responsible for all activities that occur under your password or User ID. You agree to: (a) immediately notify Meet Market Makers of any unauthorized use of your password or User ID or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Meet Market Makers cannot and shall not be liable for any loss or damage arising from your failure to comply.
You agree to safeguard the User ID and password you use to access this Site. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act on your behalf. Further, your Meet Market Makers Account (including feedback) and User ID may not be transferred or sold to another party.
You agree to provide true, accurate, and complete information whenever you post any information or content on the Site (including, but not limited to, posting a request for Services, bidding on posted products for sale or rent, posting your profile and providing feedback). You agree to use good judgment when posting information, remarks or other content regarding other Users, Buyers, Sellers, Meet Market Makers or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Service Provider, Buyers, Sellers, Meet Market Makers, or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Meet Market Makers Site. Under federal law (specifically, the Communications Decency Act of 1996), Meet Market Makers is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Meet Market Makers is not responsible for and does not monitor or censor content for accuracy or reliability. Meet Market Makers reserves the right to remove or restrict access to any information, content or products posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if Meet Market Makers considers such information or content to be in violation of the TOS. You agree NOT to do any of the following on the Site:
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to Meet Market Makers or other Users. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, Meet Market Makers must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display, and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology known now or developed later.
You agree to: (a) abide by the TOS and the processes and procedures described throughout the Site; (b) be financially responsible for your use of Meet Market Makers and the purchase or delivery of products offered or requested on the Site; and (c) perform your obligations and complete transactions as specified by the terms of products posted, your bid or offer proposal, whichever is more recent, unless such transaction is prohibited by law or by the TOS. Upon acceptance of a bid or offer proposal, you agree to purchase the product(s) if you are a Buyer in accordance with the terms agreed to by the parties. As a Buyer, you agree to pay the full purchase amount originating from the Meet Market Makers Payment Service.
If you wish to exclusively use the user profile posting services on the Site, you must complete the User registration process and select the appropriate user type and profile entry choices. You agree to provide true, accurate, and complete information and to update such information to maintain its truthfulness, accuracy, and completeness. Misleading information about your identity and location, including, but not limited to, using a satellite location in another country, is not allowed. At the beginning of your user listing application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. Meet Market Makers can suspend or terminate your Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the TOS.
Meet Market Makers offers five (5) posting fee programs for Services User Profile listings with runtimes of one-month, six-month and twelve-month terms. One of the five User Profile programs is strictly dedicated to individual persons’ personal or professional profile listings. The other four programs are designed for legal entities and non-profit organizations. In addition, any Users who wish to increase their visibility on the Site may add a profile listing in up to four (4) other categories of choice, each for a small fee. Another alternative available to optimize greater profile visibility on category pages is the page ranking order. Options to choose from are:
a. Premier order ranking placing profiles ahead of regular listings without ranking, and
b. Top-of-Page order ranking positioning profiles at the top of the page.
See Pricing Terms.
User Listing Fees
All User Profile postings are subject to a user listing fee depending on the selected program and profile listing duration. User listing fees can be paid by credit card, debit card, or bank account. The user listing billing period begins on the date that Meet Market Makers receives your payment. No refunds of fees already paid will be given. If you provide false or misleading information, Meet Market Makers will have the right to cancel your user listing and will not refund the user listing fee already paid.
Automatic User listing Renewal
Meet Market Makers automatically renews your user listing and charges your credit card, debit card, or bank account. However, 14 days and 7 days prior to the automatic renewal date, Meet Market Makers sends an email notification to remind you that your user listing is scheduled for automatic renewal and to provide cancellation instructions in case you want to cancel the user listing. If you choose to change the runtime to a shorter or longer period, the payment obligation will be adjusted accordingly and settled against an active credit card, debit card, or bank account. If your Account is set up to pay by credit card or debit card, Meet Market Makers charges the renewal fee to the credit card or debit card you supplied, and you authorize us to charge such credit card or debit card for the user listing term selected at initial registration or the newly selected runtime. If you are set up to pay via your bank account, Meet Market Makers deducts the appropriate user listing fee from the bank account provided. Automatic renewal occurs on the first day after the expiration date. You can cancel by following the cancellation instructions listed below.
Changes to User listing Program
If you change your user listing program from Individual Personal User Listing to Business Professional User Profile Listing, the unused portion of the lower user listing fee will be credited toward the higher user listing fee. The new billing period will then be based upon the date Meet Market Makers receives payment of the new user listing fee. Upgrading a user listing or adding more categories will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category user listing. Meet Market Makers reserves the right to modify its user listing programs at any time, upon a reasonable notice posted in advance on this Site.
User listing Cancellation Instructions
To cancel your user listing, click on the 'My Account' link and then click "DELETE" to cancel the listing, or contact Customer Support. Your cancellation request will be effective if received before 12:00 p.m. (noon) Pacific Standard Time on the final day of your user listing term. Meet Market Makers will send you an email confirmation once your user listing has been cancelled. You will not be liable for any additional user listing fees after your cancellation is effective. Cancellation goes into effect at the end of the active runtime period. In any notice of cancellation, you must include:
Please note that we will not be able to process cancellation requests unless all of the above information is provided.
We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting Meet Market Makers other remedies, we will suspend or terminate your User Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, for our Users, or for Meet Market Makers. Once suspended or terminated, you may not continue to use the Meet Market Makers service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User engages in actions or activities which circumvent the Site or otherwise reduces User Posting or Product Transaction fees owed under the Terms of Service, that User will be liable to Meet Market Makers for the applicable fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Meet Market Makers user listing. Meet Market Makers reserves the right to terminate any User for any reason, at its sole discretion, and to refuse to provide registration and user listing to you in the future. We will notify you if we cancel your user listing, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your user listing is canceled, you may no longer have access to data, messages, files, and other material you keep on the Site.
If you wish to report a violation of Site Policies, have any questions, or need assistance, please contact Meet Market Makers Customer Service as follows:
Email: Contact Us at http://www.meetmarketmakers.com/help/contactus (Customer Service)
Phone: 1-855-MMM-0920 (Mon-Fri, 8 a.m. - 5 p.m. Pacific Standard Time)
Online Help: FAQs at http://www.meetmarketmakers.com/help/faq
Customer Support at http://www.meetmarketmakers.com/help/customersupport