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Terms of Use Sale - Josephmarc.com




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Terms of Use

1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through JosephMarc Inc.’ website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy , which is incorporated into this Terms of Use by reference. The terms, “we”, “us”, and “our” refer to JosephMarc Inc. and its related websites. The words “you”, and “your”, may refer to either the buyer or seller of an Item or property through JosephMarc Inc.

2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. The JosephMarc websites are a means to bring buyers and sellers together. We do not get involved in the transaction between the buyer and the seller except to facilitate initial communications between the two parties. We assume no liability or obligation in connection with disputes between the buyer and seller. We encourage the buyer and seller to try their best to agree on terms before actual purchase takes place. We also encourage sellers to disclose all terms prior to sale.

There is no fee charged by JosephMarc to browse or to purchase from any seller on the JosephMarc website. The only charges to the buyer are those initiated by the seller for the price of the item sold and any other incidental fees for shipping, crating, taxes or other fees associated with the purchase and delivery of the item. The seller is responsible for collecting the purchase price, taxes and incidental fees.

We do not screen or confirm the validity of items listed within our showcases for sale by sellers.

Memberships may be cancelled at any time, but we require members to send an email to customerservice@josephmarc.com, at least two weeks before the end of your billing cycle, requesting that your account be cancelled. If received within two weeks of your billing cycle you may be charged for an additional month of membership. There are no additional penalties for ancellation.Your items will be subsequently removed from JosephMarc.com.

You will be charged the same rate for your membership for as long as you remain an active member of JosephMarc.com.Even if JosephMarc.com raises the fee for new members, your membership amount will remain in effect.

3. Your Responsibilities and Registration Obligations.
A seller, in order to use our web site, must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older, or the minimum age to enter into contract for your jurisdiction and or applicable laws. Generally minors are not allowed to enter into a sales contract.When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here. A buyer is not required to register and may browse our showcases and contact seller without need for registration.

A buyer agrees that they are granted a limited license to make personal use of this site only to purchase and browse items offered by our members and for other purposes strictly related to the purchase of items on this site. A buyer does not have to register as a user of this site.Once made, sales are binding on the buyer and cannot be retracted.By purchasing an item through this site you agree to all terms and conditions stated herein. We are not responsible for any problem caused by email or the e-commerce system or other problem with communication between buyer and seller or between any other related sites.

4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, Spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

Law enforcement agencies will be notified of any conduct that is believed to be a violation of state, federal or international law.We will fully cooperate with law enforcement investigations to ensure violators are prosecuted to the fullest extent of the law.

7. Submission of Content on this Web Site.
By providing any Content to our web site:

(a) You agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

(d) you acknowledge and agree that each individual item placed on the site by you the seller will be at a price of no less the three ($3) US dollars.

8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Conditions of Sale
(a) The role of JosephMarc, Inc.: We provide a means for a seller to showcase their items for sale. We facilitate the initial communication between the buyer and the seller. We provide a means for buyers to browse a seller’s items for sale and enable the buyer to contact the seller for information or payment instructions. We do not act as agent for either the seller or the buyer of items on our site. We are not in anyway responsible or liable in any respect for the actions, inactions, or omissions of either the buyer or the seller.

JosephMarc.com has not seen or evaluated any of the items offered for sale. We have not confirmed the accuracy of any statements made on items offered for sale on this site. The seller is solely responsible for the all aspects of items shown for sale on this site including description, condition, price, shipping, taxes, other fees, title, and ownership. The buyer agrees to assume the risk that any item description or value or any other aspect of the item may be inaccurate or incomplete. All property is sold as-is. All warranties express or implied, including without limitation, the implied warranties of merchantability and fitness for purpose are specifically disclaimed by the seller, except those mandated by law.

(b) Purchasing: Minors and others not permitted under their state laws to enter into legally binding contracts or participate in online buying are not permitted to use this site. The buyer who wants to buy and item through JosephMarc.com agrees to pay the sellers price plus shipping and any other taxes and fees that are required or mutually accepted by both the buyer and the seller. The seller must clearly specify the terms of sale, description and condition of the item. The terms of sale should state the sellers return policy and any fees for returning items, refund policy, as well as timeframes for the return of funds. No refund will be issued until the sale item has been returned to the seller, in the same condition as sent. The buyer and seller must agree on all prices, fees and taxes before consummating a sale. The payment of taxes and collecting the correct amount are the sole responsibility of the buyer and seller. The original buyer shall have 48 hours from the time item is received from the seller to inspect the merchandise. The buyer has this same 48 hours to rescind the transaction by notifying the seller and returning the item within 3 business days of receiving it. The item shall be returned at the buyers own cost and risk. In order to rescind the purchase, themerchandise received must be materially different from the way it was represented on this site. The seller must refund the purchase price and taxes charged within 48 hours of receiving back the merchandise from the buyer.

The seller is not obligated to refund his cost for shipping, additional fees, or insurance. Furthermore the seller may charge a restocking fee. Shipping must be done in a manner that offers tracking of the item. The seller may post their own policies that will supercede these as long as they are equal to or give the buyer more time than specified herein. In no event shall the liability of the seller extend beyond the payment of a refund. Neither the Seller nor Josephmarc.com shall be liable for any damages of any kind. The buyer must contact the seller to pursue any claim. All refunds are to be paid by the seller. The title and risk of loss are transferred to the buyer as soon as the seller delivers the item to the shipper. The seller is responsible in total for all statements made in connection with items offered for sale on this site. JosephMarc, Inc. shall have no liability to the validity of statements made by the sellers. All statements made by the seller regarding the value, description, condition and any other aspect of an item for sale on this site is the sole responsibility of the seller. The buyer and the seller agree to assume the risk of any inaccurate, incomplete or erroneous information. All property is sold as is. All warranties express or implied, including without limitation the implied warranties of merchantability and fitness for purpose are specifically disclaimed by the seller. This statement does preclude any applicable laws governing the sale of items by the seller or buyers jurisdiction. Buyer and seller shall offer reasonable assistance to the other in the event of loss or any other problem arising from a transaction.

(c) Selling: The seller agrees not to charge the buyer until such time as all charges including incidental fees for shipping, insurance, handling or taxes are agreed to by the buyer. The seller must clearly specify the terms of the sale. The terms of the sale must be the same as those mentioned in this section or extend the time the buyer has to rescind a sale. The seller has the right to charge a restocking fee as long as it is clearly specified in the item showcase or in writing to the buyer.All terms of sale should be included within the item showcase. Taxes, Shipping and handling charges may be agreed to between the buyer and seller and do not need to be specified within the item showcase as these charges will depend on where the buyer lives and what additional services the buyer has asked for. The Buyer must agree to all prices, fees and taxes before consummating the sale. The seller agrees to collect taxes as required by law and is the sole responsibility of the seller. The seller must give the buyer 48 hours to rescind the sale after they have received the merchandise for inspection. The seller must give the Buyer 72 hours after the item is received, to return the item if they have been contacted by the buyer that they intend to rescind the transaction within 48 hours of receiving the merchandise. The merchandise must be materially different from it’s representation within the JosephMarc.com showcase for you to honor a return. The seller agrees to refund to the buyer the full purchase price, less any restocking fee if specified in the terms of sale, of the item after receiving it back from the buyer as long as it is received in the same condition as sent.

The seller is only obligated to refund the purchase price less any restocking fee not the shipping or any incidental fees. On a return, the title and risk of loss is transferred to the seller as soon as the merchandise is delivered by the buyer to the shipper.In the event the buyer refuses to accept an item, the seller will work directly with the buyer to find a solution to the problem.Seller is solely responsible for the content of there items within our site. JosephMarc, Inc. is not responsible, nor will they evaluate any item being offer for sale. We do not and will not confirm the accuracy or reliability or any statements made by the seller for any items offered for sale on this site. The seller is responsible in total for all statements made in connection with items offered for sale on this site. JosephMarc, Inc. shall have no liability to the validity of statements made by the sellers. All statements made by the seller regarding the value, description, condition and any other aspect of an item for sale on this site is the sole responsibility of the seller. The buyer and the seller agree to assume the risk of any inaccurate, incomplete or erroneous information.All property is sold as is.All warranties express or implied, including without limitation the implied warranties of merchantability and fitness for purpose are specifically disclaimed by the seller. This statement does preclude any applicable laws governing the sale of items by the seller or buyers jurisdiction. You may have certain legal rights that vary from state to state.Buyer and seller shall offer reasonable assistance to each other in the event of loss or any other problem arising from a transaction Seller should make themselves aware of any international shipping issues in particular the need for a license to ship certain items overseas.

10. Indemnification.
You agree to indemnify and hold us harmless, JosephMarc, Inc., our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

12. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

13. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

14. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

Click to contact our webmaster

15. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

16. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.




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