Terms of ServiceLast Updated April 28th 2020
Doorstep Market LLC and BADM LLC, a licensee of Doorstep Market LLC (collectively, “Doorstep Market” or “we”), provide an online marketplace that allows you (“user” or “you”) to market, discover, buy and sell goods and services. Please read these Terms of Service carefully prior to using our online marketplace as it governs your use of the Doorstep Market platform (the “Platform”), whether as a “Buyer” or a “Maker” (as each is defined below).
Importantly, these Terms of Service contain waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Section 4 below. If you do not agree to all the terms and conditions of this Usage Agreement, including those governing disputes in Section 4, you may not use the Platform.
OverviewThese Terms of Services constitute a contract between Doorstep Market and you, the user of the Platform. These Terms of Service describe the terms and conditions that apply to your use of the Platform, including to buy and sell goods and services via the Platform. It establishes the obligations owed between you and Doorstep Market, and between you and other users.
Throughout these Terms of Service, the term “Service” means the service allowing you to buy, sell, or advertise products and services with others through the Platform. The term Service does not include any services provided by third parties.
The term “Maker” refers to a person or entity that advertises or sells products through the Platform and the term “Buyer” refers to a person or entity that requests to purchase products or services from a Maker via the Platform.
After registration, a user may be granted permission to create, as a Maker, a post or listing of a good or service for sale (a “Listing”). The Listing may contain images and a description of the product, its price, condition, and other terms for purchase and use, and shipping or pickup options available.
Upon publication of a Profile Page or Listing, the publishing Maker may fix typographical errors or edit the Profile Page or Listing, but must at all times strictly comply with these Terms of Service.
Doorstep Market reserves the right to modify, remove, or de-list any Profile Page or Listing at any time, in its simple and sole discretion, including if the Profile Page or Listing is in violation of these Terms of Service or otherwise disrupts Doorstep Market in any way at any time. Unless otherwise cancelled, removed or de-listed, as consistent with these Terms of Service, each Listing will be posted to the Platform in accordance with Doorstep Market’s ordinary business practices and in Doorstep Market’s simple and sole discretion; and will remain visible to Buyers without preference or exclusivity until sold or removed or de-listed, unless otherwise agreed to.
A Buyer may request to purchase a Maker’s product or service through the Platform using one of the specific methods of payment accepted (an “Order”). After an Order is completed, the Maker will make, pack, and ship the product directly to the Buyer. Doorstep Market does not store, hold, retain, or ship any physical products. Order fulfillment is done exclusively by or on behalf of the Makers themselves.
If you have questions about these Terms of Service, please contact us at email@example.com. Your use of the Platform or Services constitutes your ongoing acceptance of these Terms of Service, as amended.
Section 1: General Terms
The Platform is solely a communications platform and does not facilitate any contractual agreements, collection of payments, distribution of goods or services, or guarantees. Doorstep Market is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services.
We are continuously improving the Platform for all users and reserve the right to make changes at any time. Changes we make to the Platform or Service, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform or Service adversely affect how you use them.
1.2 Your Account
Before using certain features or functions of our Platform or Services, you must create an account with Doorstep Market (“Account”) and provide us with information about yourself and, if applicable, your company. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about products being offered through the Platform. Any employees, contractors, or third-parties opening a new or using an existing account (collectively, “Agents”) represent and warrant that they have authorization to act on behalf of the person or entity they claim to represent; and if such authorization is not provided by the person or entity, such Agents acknowledge personal liability for all obligations and liabilities arising from or related to use of the Account by such Agents.
You will be required to provide an email address and password to keep your Account secure (“Credentials”), and agree to keep your Credentials private and secure. You are responsible for any actions taken on your Account using your Credentials whether or not authorized or taken by Agents to advertise, buy or sell products. You are solely responsible for the actions or communications of your Agents. We are not responsible for and disclaim all liability for use of your Account by your Agents.
When creating or using your Account, you may be required to provide information about yourself or your products or services (“Content”). You will only provide Content to us that you own or have authorization to provide, and ensure that Content is accurate and complete. You must keep all Content current, including, as applicable, your contact, pricing, payment, and shipping information. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information, or verifying information about Makers. You will provide us any additional information to verify the accuracy or completeness of any Content that you provide and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us as and when we request it, we may suspend or terminate your Account.
If you are not at least 18 years old, you may not open an Account, access the Platform, or use the Services. Users (including Agents) who use the Services or the Platform to advertise, buy or sell product, to advertise, buy or sell products on behalf of individuals under 18 years old, or provide access or use of the Services or Platform by individuals under 18 years old, accept personal liability for all acts or omissions of such individuals.
Additionally, as set forth below in Section 3.4, certain products, such as those containing alcohol or other restricted substances, may require you to be at least 21 years old to purchase. If you are not at least 21 years old, you may not purchase these products. Please see Section 3.5 for more details.
You may close your Account at any time via the “Delete Account” feature in the “Account” subsection of the Settings page on the Platform, or by emailing us at firstname.lastname@example.org. You are responsible for all activity associated with your Account made before it is closed including any liabilities caused by or resulting from use of the Platform or Service. You understand that we may retain Content and continue to display and use any public Content (including reviews of products) provided to us prior to closing your Account.
At our sole option, we may suspend or terminate your Account.
1.3 Compliance with Laws
As used in these Terms of Service, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements. You will comply with all Laws applicable to your use of the Services and Platform, whether as a Maker or Buyer. While we may provide information to help you understand certain obligations of using the Platform, listing products for sale, or purchasing products through the Platform, we are not authorized to provide and do not provide any legal advice. You are solely responsible for your compliance with all Laws and may use the Platform or Service only in compliance with all Laws. If you are unsure how to comply with Laws, you should seek legal advice regarding your use of the Platform.
1.4 Payments, Fees, and Taxes
Makers shall disclose to Buyers all applicable fees in connection with an Order, including the purchase price, delivery fee, and any other fees (collectively, “Fees”), prior to finalizing any Order. These are fee parameters set by the Maker. With each Order, the Buyer agrees to pay the Fees.
The Maker is solely responsible for collecting payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to sales originating from our Platform, including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”).
For the avoidance of doubt, the formation of any binding legal contract is outside the scope of our Services. Doorstep Market does not collect or process any fees, payments, or taxes relating to contracts between members, other than our referral fees, which are described in more detail on our How it Works page. For the avoidance of doubt, each Maker shall pay to Doorstep Market all referral fees due and owed to Doorstep Market in connection with each Order and hereby authorizes Doorstep Market and its vendors, including any payment processor integrated with the Platform, to automatically transmit such referral fees to Doorstep Market during the course of processing any payments in connection with an Order. To the extent that any referral fees due to Doorstep Market are not automatically paid to Doorstep Market, you (as a Maker) agree to pay such referral fees to Doorstep Market within five (5) days of Doorstep Market’s notice to you of any missed automatic payment.
All payments to Makers will be made through a third party payment processor, such as PayPal or Stripe. Doorstep Market reserves the right to add, remove, or otherwise alter the payment processes and processors used by the Service in any way. If you (as a Maker) cannot acquire an account with an approved payment processor, we may consider an alternative form of payment on a case-by-case basis. We make no representation regarding the services provided by any payment processors, and are not responsible for delays in payment caused by them.
Any monetary amounts described in these Terms of Service will be in USD and “$” will be read to mean United States Dollars.
1.5 Communication and Notices
We may communicate with you and provide you information or notices regarding your Account or transactions through email or through messaging on the Platform. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to buy or sell products, or use the Platform or Services.
We may send you notices to the email address or physical address included in your Account, through messaging on the Platform. You may send any notices to us at email@example.com. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.
You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close your Account.
If you have problems communicating via the Platform or receiving messages, please contact us at firstname.lastname@example.org.
1.6 Communication with Other Users
The Platform allows you to communicate with other users without disclosing sensitive personal contact information. It is your responsibility to use good judgment in the information you provide to other users. You may use the Platform only to advertise, buy, or sell products, or communicate with us or other users, or use other functionality we provide to you through the Platform. You may not use the Platform to send messages that are unwanted or unrelated to a Listing through the Platform, use the Platform to harass or attempt to market other services to users, or send spam.
We strongly recommend that you should use the Platform to communicate with other users. If you use other means of communication, you understand that you may be putting your personal contact information at risk of misuse. You also understand that any communications made outside of the Platform may impair your ability to recover all or some amounts owed to you in the event of a dispute between you and another user.
We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users, or communicating or engaging with users outside of the Platform.
Doorstep Market, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.
Section 2: Platform and Service
2.1 Ownership, License, Restrictions
Doorstep Market owns all right, title, and interest in the Platform, Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this Agreement and only as provided to you through the Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.
(a) Posting Content. You represent and warrant that you are authorized to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any Content that is copyrighted by third parties without their express permission. You grant Doorstep Market a fully paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or online advertising). If you cannot provide us the above grant, then you may not provide Content to us. You agree to indemnify, defend and hold us harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.
(b) Restrictions on Certain Content. You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a user, product, or service; (v) contains marketing or promotional content unrelated to the details of a product or service; or (vi) includes sensitive personal information, including payment, contact information, or personal account details.
2.3 Privacy and Data Usage
Section 3: Doorstep Market Services
3.1 Listing Products and Services (This Section applies to Makers)
(a) Listings. When you List a product or service, you must provide details about the product or service, including a description, price, current pictures, and other details about its potential uses and condition (collectively, “Description”). While it is important to communicate the benefits of your product or service, the Description must be accurate and give potential Buyers a reasonably good understanding of how they may use the product or service. Descriptions may not include any additional contractual obligations or alter Buyers’ legal liabilities from those described in these Terms of Service.
(b) Communicating with Buyers. All Makers must comply with these Terms of Service when publishing a Profile Page or Listing, providing a Description of a product or service, and when communicating with Buyers. You are responsible for maintaining the Profile Page and Listing so that Buyers may reasonably use them as provided in the Description and Order.
(c) Conduct and Fees. As a Maker, you are solely responsible for ensuring that your products and services comply with all applicable Laws including any local ordinances related to the condition, licenses, or registration. Makers are also responsible for payment of Taxes for any sales that originate from our Platform. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time.
(d) Insurance. Each Maker shall acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, those purchasing your products and services, third parties, and deciding what coverage, limits and providers are appropriate for you.
3.2 Purchasing Products and Services (This Section applies to Buyers)
(a) Purchases. As a Buyer, you should review the Description and availability to confirm they are appropriate before purchasing any products or services from any Maker. The Platform allows you to confirm any details or ask the Maker any specific questions about the products or services, or confirm details of a product or service, without sharing your personal contact information.
(b) Contracts. Doorstep Market acts solely as a communication platform and is not liable for any actions of users. When you purchase a product or service from a Maker, you are entering a contractual agreement with the Maker, not with Doorstep Market. This transaction is between you and the Maker, and not you and Doorstep Market.
3.3 Cancellations and Refunds
Doorstep Market allows Makers to identify their cancellation or refund policy on their Listing directly for informational purposes and reference. By using the Platform, you must communicate and agree to any cancellation or refund policy that is identified on a Listing, through direct messaging, or as otherwise communicated outside of our platform as it may apply to any Order that is eventually made. Doorstep Market is not responsible to provide any refunds to either party for any payments made or received.
3.4 Transactions Involving Food and Alcohol
(a) Transactions Involving Food and Food-Related Products. The statements made regarding food or food-related products and services may not have been evaluated by the Food and Drug Administration. The efficacy of these products and services may not have been confirmed by FDA-approved research. All information presented on the Platform is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice. For the avoidance of doubt, all issues relating to Orders and products or services purchased via any Order are between the Buyer and the Maker and Doorstep Market hereby disclaims any responsibility or liability for those issues.
(b) Transactions Involving Alcohol and Alcohol-Related Products. You may have the option to request to purchase and receive delivery of alcohol products in some locations and from certain Makers. You agree that you will order alcohol products only if you are 21 years of age or older. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Maker delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol products, you understand and acknowledge that Doorstep Market cannot receive delivery of your shipment and that the Order will be fulfilled only if the Maker accepts your Order. The Maker reserves the right to refuse delivery for any reason, including but not limited to, if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your Order, if you are visibly intoxicated or if the Maker is unable to access the delivery location due to safety reasons. If the Maker is unable to complete the delivery of alcohol products for one or more of these reasons, you may be subject to a surcharge from the Maker and/or the Maker may not issue a refund, as specified in the Listing.
Section 4: Termination, Disputes, and Binding Arbitration
4.1 Term, Termination, and Survival
(a) Term and Termination By User. You consent to these Terms of Service when you first access or use the Platform or Services, and your continued use of the Platform and Services constitutes your ongoing consent to these Terms of Service as amended from time to time. You may terminate these Terms of Service by closing your Account with us, however this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any liabilities that you incurred prior to termination.
(b) Suspension or Termination by Doorstep Market. We may suspend your Account (including your ability to communicate with other users and request to purchase any product or service) or terminate these Terms of Service and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Doorstep Market, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with these Terms of Service or applicable Law.
(c) Survival. The following provisions will also survive termination of these Terms of Service: Sections 1.3 (Compliance with Laws), 1.4 (Payment, Fees, and Taxes), 1.5 (Communication and Notices), 1.6 (Communication with Other Users), 2.1 (Ownership, License, Restrictions), 2.2 (Content), 2.3 (Privacy and Data Usage), 3.1 (Listing Products and Services), 3.2 (Purchasing Products and Services), 3.3 (Cancellations and Refunds), 3.4 (Transactions Involving Food and Alcohol), 4 (Termination, Disputes, and Binding Arbitration), and 5 (Additional Legal Terms).
4.2 Binding Arbitration
(a) Notice of Arbitration. This section describes how disputes or claims arising under these Terms of Service between you and Doorstep Market or between you and another user (not resolved through the process set forth in Section 4.3) will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting these Terms of Service—you may not use the Platform or Services if you do not agree to this section.
(b) Agreement to Arbitrate. You and Doorstep Market each agree that all disputes and claims that have arisen or may arise between you and Doorstep Market relating in any way to or arising out of these Terms of Service, or your use of or access to the Platform, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also strictly follow the terms of these Terms of Service, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms of Service, including, but not limited to, any claim that all or any part of this agreement to arbitrate or these Terms of Service is void or voidable.
(c) Arbitrator. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1.800.778.7879, or other phone number made available through the AAA website. Arbitration shall be venued in New York, New York, unless Doorstep Market, in its sole and simple discretion, elects otherwise. If the value of the relief sought is $10,000 or less, you or Doorstep Market may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Doorstep Market subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Doorstep Market may attend by telephone, unless the arbitrator requires otherwise.
(d) Class Action Waiver. YOU AND DOORSTEP MARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DOORSTEP MARKET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DOORSTEP MARKET USERS.
(e) Notice of Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to Doorstep Market should be sent to Doorstep Market LLC, Attn: Legal, Re: Doorstep Market Notice of Dispute at 21 North 7th Street Hudson, NY 12534. Doorstep Market will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address and all information provided to Doorstep Market up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Doorstep Market are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Doorstep Market may initiate arbitration proceedings. If you initiated the arbitration proceeding prior to the end of that thirty- (30-) day period without attempting, in good faith, to resolve the dispute with Doorstep Market, you hereby, effective automatically under such circumstances, waive any right to seek attorneys’ fees or other costs associated with the proceeding or action or arbitration. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event Doorstep Market initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Doorstep Market account. Any settlement offer made by you or Doorstep Market shall not be disclosed to the arbitrator.
(f) Applicable Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Doorstep Market users, but is bound by rulings in prior arbitrations involving the same Doorstep Market user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules and, unless otherwise stated, the parties shall bear their own costs and fees for arbitration of any dispute. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Doorstep Market for all fees associated with the arbitration paid by Doorstep Market on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
(g) Opt-Out Notice. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”) via certified mail. The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms of Service for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the Doorstep Market account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate and it shall be your obligation to retain the mailing receipt relating to the mailing of your Opt-Out Notice in order to establish that you have opted out of this agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Service will continue to apply and remain in force. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Doorstep Market prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Doorstep Market. We will notify you of amendments to this agreement to arbitrate by posting the amended Terms of Service on the Platform at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us and/or via notice on the Platform. If you do not agree to the amended Terms of Service, you may close your account within the thirty- (30-) day period and you will not be bound by the amended Terms of Service.
(h) Certain Claims Excluded. Notwithstanding anything to the contrary herein, the parties agree that any claims based on ownership or misuse of the other party’s intellectual property, including patents, copyrights, or trademarks, may be brought before any court of competent jurisdiction and either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.
4.3 Disputes Between Users
You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (“User Dispute”) directly with those other users in good faith through the Platform. If you are unable to resolve the User Dispute, you then will submit the User Dispute to us at email@example.com. In our sole discretion, we may require that you submit additional details regarding any User Dispute. We will review the summary and communications made on the Platform. We may, but are not required to, also review communications made outside of the Platform. Upon review and investigation, we will either (i) provide you and the other user our conclusion based on the summary provided, which you agree to accept as final and binding determination with the same force and effect as if determined through arbitration as provided in Section 4.2; or (ii) require that the dispute is resolved through binding arbitration adjudicated by a third party as provided in Section 4.2(a). The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Doorstep Market. As a part of the User Dispute, you may also seek to recover these costs if you prevail.
4.4 Confidentiality of Proceedings
Any proceedings pursuant to this Section 4 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
Section 5: Additional Legal Terms
5.1 Right to Amend
We may amend or modify these Terms of Service at any time by posting the modified Agreement on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify these Terms of Service constitutes your consent to the revised Agreement.
5.2 No Assignment
You may not assign these Terms of Service or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign these Terms of Service upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
DOORSTEP MARKET PROVIDES THE PLATFORM AND SERVICE. WE DO NOT ENTER INTO CONTRACTS BETWEEN MAKERS AND BUYERS, AND ARE NOT RESPONSIBLE FOR DOING SO NOR DO WE HAVE ANY LIABILITIES ASSOCIATED WITH THOSE CONTRACTS. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY PRODUCT OR SERVICE. USERS ARE INDEPENDENT THIRD PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY DOORSTEP MARKET. MAKERS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND MAY CONDITION SALES OF PRODUCTS AND SERVICES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. DOORSTEP MARKET IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON USERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF PRODUCTS OR SERVICES OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING MAKERS, BUYERS, PRODUCTS, OR SERVICES IS PROVIDED ONLY TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. DOORSTEP MARKET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY PRODUCTS OR SERVICES WILL BE PROVIDED TO YOU AS DESCRIBED. DOORSTEP MARKET DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING THE PLATFORM OR SERVICES.
THE PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE PLATFORM OR SERVICES ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; OR THAT THEY ARE ALWAYS AVAILABLE. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR SERVICE, OR FEATURES OF EITHER, AT ANY TIME.
5.4 Representations and Warranties
By opening your Account, you represent and warrant that (a) you are authorized to use the Platform and Services and have authority to execute these Terms of Service; (b) that you have only one Account with us and have not had an Account terminated by us previously; (c) all information provided to us is accurate and complete; (d) you will not use the Platform or Services in violation of Law, to commit fraud, to deceive other users, or for any other improper purpose; and (e) you are authorized to provide any Content to us.
When using the Platform or Services as a Maker, you further represent and warrant that (f) you are permitted under applicable Laws to List any products or services described; (g) your Listing of a product or service and the product or service itself comply with applicable Laws; and (h) you will reasonably facilitate the sale of each product or service purchased from you by a Buyer.
When using the Platform or Services as a Buyer, you further represent and warrant that (i) you will comply with the terms of any Order; and (j) that any payment Credentials provided to us may be used as described in these Terms of Service.
You will indemnify, defend and hold Doorstep Market and its owners, agents, members, managers, employees, service providers, attorneys, and affiliates harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) arising from or related to (a) sale, shipment, or use of any products or services included in a Listing; (b) Content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your obligations under these Terms of Service, and (f) any contract or other agreement between you and any other user. This indemnification will survive termination of these Terms of Service.
5.6 Limitations of Liability
UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL DOORSTEP MARKET OR ANY OF ITS OWNERS, AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, OR ANY MAKER’S PRODUCT OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
5.7 Entire Agreement; Interpretation
These Terms of Service constitute the entire agreement between you and Doorstep Market relating to your use of the Platform or Services. These Terms of Service supersede all prior understandings or agreements between you and Doorstep Market.