MARKETBOX INC. (“MarketBox”/ “WE” / “US”/”OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT GOMARKETBOX.COM (“WEBSITE”), AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE MARKETBOX MOBILE APPLICATION (THE “APP”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
BY ACCESSING, BROWSING AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU”OR “YOUR” OR “USERS” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
1. The Service. MarketBox provides a business management platform for businesses and enterprises to run a service marketplace or mobile service business including without limitation CRM, scheduling, billing, and payment integration functions, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage and related technology required to run the Service is provided by MarketBox and its third party vendors and hosting partners.
3. Registration Data. Account Security. If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to MarketBox, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to MarketBox.You are responsible for all activity on your MarketBox account, so please select a strong password and do not share it with any other individual or entity. MarketBox is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.
4. No Endorsement. MarketBox is not a provider, broker or vendor of Products appearing on the Website or MarketBox Service. Any and all Products that are listed or referred to on the Website or MarketBox Service are provided by third party vendors. MarketBox is not affiliated with any of the Vendors and does not endorse any of the products of any Vendor whose products appear on our Website. Any reference to the word “partner”should not be interpreted as MarketBox endorsing any Vendor appearing on, advertised on, or using our Service.
5. User Eligibility for Products. User understands and agrees that any transaction for any Products is between User and Vendor. The Vendor, and not MarketBox, is responsible for approving or denying any request for purchasing Products in its sole discretion.
6. Fees, Charges, Taxes. Fees and any other charges for the use of the Service, App and for any Add-ons are described on the Service Proposal. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Service, Application or the Add-ons, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
7. User Content. All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not MarketBox, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. MarketBox does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will MarketBox be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
In using the Website and/or Service You shall not:
1. copy any content unless expressly permitted to do so herein;
2. upload, post, email, transmit or otherwise make available any material that:
a. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
b. you do not have a right to make available under any law or under a contractual relationship;
c. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
d. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials,"junk mail," "spam," "chain letters,""pyramid schemes," or any other form of solicitation;
e. 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
f. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
4. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to theWebsite or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
5. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
6. collect or store personal data about other users or viewers;
7. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit theWebsite;
8. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
9. register for the Service on behalf of a group or corporate entity.
9. License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
10. Your Limited License of Your User Content to MarketBox. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future.
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services (for example, comments shared by one user may be displayed in the notifications section of another user).
11. Our Limited License of Content to You. MarketBox grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by MarketBox at any time.
Your use of Add-ons may be governed by the End User License Agreement that applies to that Add-on, and not by this Section of the Terms. That End User License Agreement is an agreement between you and the provider of that Add-on, and you acknowledge that that End User License Agreement is a binding agreement between you and that provider. Your use of the Service through an Add-on, including any Content that may be delivered to you through the Add-on, is subject to this Section of the Terms.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact MarketBox at firstname.lastname@example.org
12. Feedback. If You provide MarketBox with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), MarketBox may use such Feedback in the Website or in any other MarketBox products or services (collectively, "MarketBox Offerings"). Accordingly, You agree that: (a) MarketBox is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MarketBox, (c) MarketBox (including all of its successors and assigns and any successors and assigns of any of the MarketBox Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MarketBox Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from MarketBox or any of the other users of the Website in respect of the Feedback.
13. Advertising. You acknowledge and agree that the Website may contain advertisements for Products and other third party products. If You elect to have any business dealings with a Vendor or other third party whose products may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that MarketBox shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
14. Links & Third-Party Websites. This Website (including User Content) contains links to other websites that are not owned or controlled by MarketBox, such as businesses and marketplaces that license the MarketBox Service. In no event shall any reference to any third party, third party product, including Vendor Products, be construed as an approval or endorsement by MarketBox of that third party, or third party product. MarketBox is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that MarketBox endorses or accepts any responsibility for the content or use of such websites, and You hereby release MarketBox from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
15. Release. Because we do not supervise or control interactions between Users and Vendors, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website or Services, You agree that You bear all risk and You agree to release MarketBox (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, Your interactions and transactions with Vendors, Your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
16. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, MARKETBOX APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED"AS IS." MARKETBOX SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. MARKETBOX DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR INRESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MARKETBOX SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. MARKETBOX WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MARKETBOX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, MARKETBOX APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR MARKETBOX APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR MATERIALS PROVIDED BY THIRD PARTIES, INCLUDING VENDORS, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF MARKETBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MARKETBOX’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MARKETBOX IN THE PRIOR 3 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BECAUSE THE MARKETBOX PAYMENTS FEATURE IS PROVIDED AND HOSTED BY A THIRD PARTY SERVICE PROVIDER, WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ALL DIRECT AND INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES IN CONNECTION WITH (I) ANY TECHNICAL ISSUES, ERRORS, UNAVAILABILITY OR FAILURES, LOSSES, DAMAGES, LOSS OF DATA, LOST PROFITS OR OTHER LOSSES OR CLAIMS ORIGINATING FROM OR ARISING IN CONNECTION WITH THE STRIPE CONNECTED ACCOUNT PLATFORM; (II) ANY UNAUTHORIZED ACCESS, HACKING, TAMPERING WITH OR TO YOUR ACCOUNT OR THE STRIPE SERVICES BY THIRD PARTIES; OR (III) ANY SOFTWARE, BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL AND MALICIOUS CODE THAT MAY BE TRANSMITTED VIA THE STRIPE PLATFORM. IN CERTAIN CIRCUMSTANCES DETAILED IN THE STRIPE SERVICES AGREEMENT, LOCATED AT HTTPS://STRIPE.COM/EN-CA/LEGAL (FOR CANADA) AND HTTPS://STRIPE.COM/GB/LEGAL (FOR THE UK), (WHICH IS INCORPORATED BY REFERENCE INTO THE STRIPE CONNECTED ACCOUNT AGREEMENT), STRIPE MAY WITHHOLD OR DELAY PROCESSING TRANSFERS AND TRANSACTIONS AND MARKETBOX SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY SUCH ACTION TAKEN BY STRIPE.
20. Availability & Updates. MarketBox may alter, suspend, or discontinue this Website at anytime and for any reason or no reason, without notice. The Website, Service maybe unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. MarketBox may periodically add or update the information and materials on this Website without notice.
21. Security. Information sent or received over the Internet is generally unsecure and MarketBox cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MarketBox will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the MarketBox App or Service, please contact us at: email@example.com.