Member Marketplace Agreement – Member Marketplace Inc.

Upon submission of this agreement, we will finalize your account and send you a link to your Member Marketplace (if you haven’t already received it), as well as a Launch Guide to help you get started.

We are thrilled to work with you to provide a member marketplace to your community. We look forward to witnessing the growth of your marketplace as it works to better connect your businesses with other businesses, and, make it easier for members and local residents to find and support your member businesses.

Please fill out the form below to begin your free member marketplace resource:

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Business Terms of Use(Required)

I agree to the terms of use

Below, find the basic terms and conditions businesses agree to once they begin using our Member Marketplace.

These Terms of Service (“Terms”) are a binding legal agreement ("Agreement") that govern your access to and use of the marketplace platform ("Platform") provided by Member Marketplace, Inc. ("Provider"), a company incorporated under the laws of Delaware with a registered office in Marion, Iowa. The Terms govern your use of our software applications and resources that enable customers ("Users") and member businesses ("Businesses") of our partnering organization (“Partner Organization”) to find each other, communicate with each other, and arrange for the provision of services, and any other services or products we may offer from time to time (collectively, our “ Service”). By accessing or using the Platform, you agree to be bound by this Agreement.
Platform Usage

1.1 Eligibility: To use the Platform, you must be at least 18 years old and have the legal capacity to enter into a contract. By using the Platform, you represent and warrant that you meet these eligibility requirements.

1.2 User Accounts: You may need to create a user account to access certain features of the Platform. You are responsible for maintaining the confidentiality of your account credentials and agree to be solely responsible for all activities that occur under your account.
Platform Functionality

2.1 Connection to Member Businesses: The Platform facilitates the connection between Users and Businesses. It provides information about local service providers, products, events, and promotions offered by the Businesses.

2.2 Direct Messaging and Service Requests: The Website enables Users to communicate with Businesses through direct messaging, email notifications, and service requests. These features aim to facilitate communication and facilitate service inquiries or bookings.

2.3 No E-Commerce Transactions: The Platform does not facilitate e-commerce transactions or financial transactions of any kind. Any transactions, including payments, between Users and members of the Partner Organization are conducted outside of the Platform and are solely the responsibility of the parties involved.
User Responsibilities

3.1 Accurate Information: You agree to provide accurate, complete, and up-to-date information when using the Platform. It is the Businesses responsibility to keep their profile information and listings accurate and current. It is the Users responsibility to verify the accuracy and suitability of the information provided by Businesses.

3.2 Compliance with Laws: You shall comply with all applicable laws, regulations, and third-party rights when using the Platform. You are solely responsible for your interactions with other Users and Businesses and any transactions or agreements entered into with them.

3.3 Prohibited Conduct: You shall not use the Platform for any unlawful, harmful, or abusive purposes. This includes, but is not limited to, transmitting any content that is defamatory, offensive, or violates the rights of others.
Intellectual Property

4.1 Platform Ownership: The Platform, including all content and intellectual property rights, remains the property of the Provider. You agree not to use, reproduce, modify, or distribute the Platform or its content without the Provider's prior written consent.

4.2 User Content: By using the Platform, you grant the Provider a non-exclusive, royalty-free, worldwide license to use, display, and reproduce any content you post or provide on the Platform for the purpose of operating, marketing, and improving the Platform.
Limitation of Liability

5.1 No Warranty: The Platform is provided on an "as is" and "as available" basis without any warranties or representations. The Provider disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 Limitation of Liability: In no event shall the Provider be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Platform, even if advised of the possibility of such damages.
Excluded Post Types.

6.1 At no time are the following types of listings to be allowed on the Marketplace. In addition, the Company reserves the right to deny any listings that do not serve the Marketplace and other businesses in a positive way or cause harm to other businesses.

- Pornography and mature content.
- Illegal items: illegal activity, illegal drug-related items, or illegal weapons.
- Hate or violence items. Items that promote, support, or glorify hatred, violence, or racism. Items with profanity are published at our discretion.
- Political divisiveness. No products displaying overtly political messages of any kind, including endorsement of a particular political candidate’s campaign or policies.
- Used items. We do not accept the posting of previously used items unless those products are directly associated with the business and business brand (antiques, consignment, etc.), and/or determined as collectables/memorabilia with increasing in value, and/or are old items made new again by painting/repurposing, etc.
Termination

7.1 Termination Rights: The Provider may terminate or suspend your access to the Platform at any time, with or without cause and without prior notice.

7.2 Effect of Termination: Upon termination, your right to use the Platform will cease immediately. Any provisions of this Agreement that should reasonably survive termination shall continue to apply.
General Provisions

8.1 Acceptance of Terms: BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SERVICE.

8.2 Modifications: The Provider reserves the right to modify or update this Agreement at any time. The most current version of the Agreement will be posted on the Platform. Your continued use of the Platform after we post the modified Terms will constitute your consent to be bound by the modified Terms.
Your Interactions with Other Users.

9.1 User Interactions: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, THEIR POSTED CONTENT AND INFORMATION, OR THEIR GOODS OR SERVICES. FURTHERMORE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES.

The Company is not responsible for the conduct of any user or their goods and services. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or transactions with other users or persons you engage through the Service. You agree to take all necessary precautions in all interactions with other users.

You assume all risk when using the Services. The Company also does not verify the statements of its users and take listings from businesses in good faith. In no event, shall the company be liable, directly or indirectly, for any losses or damages whatsoever, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting in from communications or meetings with other users through the Service.
Prohibited Activities

10.1 Prohibited Activites: The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not: impersonate any person or entity; use the Service in an illegal manner or to commit an illegal act; access the Service in a jurisdiction in which it is illegal or unauthorized; ask or use users to conceal the identity, source, or destination of any illegally gained money or products; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service; interfere with or disrupt the Service or the servers or networks connected to the Service; email or otherwise transmit 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; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software). Y
ou agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
Modifications to Service

11.1 Modifications to Service: The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

Links to Other Websites or Resources

12.1 Links to Other Websites or Resources: The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

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