Terms of Use

Welcome to the www.market.com website where we provide you with information about our ecommerce, epayments and emarketing solutions for online businesses.

The following license and terms of use (jointly: "Terms of Use") govern your access to and use of www.market.com and all information and material (including but not limited to images, software, text, information, articles, graphics, pictures, sounds, solutions, metatags, trademarks and other marks, logotypes as well as the site's general "look and feel" and combinations thereof) contained in the Site (together the "Site").

The Terms of Use are a legally binding agreement between you, (“you”, “visitor” and/or “user”), and Market.com International Limited and its affiliates and subsidiaries (individually and collectively "market.com" or "us" or "we").

Access or using the Site

By accessing or using this Site you consent and agree to comply with these Terms of Use as amended.

IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE STOP USE OF THE SITE IMMEDIATELY.

We reserve the right to change the Terms of Use at our sole discretion with immediate effect and we will post a note as to the last date these Terms of Use were revised. We encourage you to review these Terms of Use carefully and to periodically refer to them so that you understand them and subsequent changes if any.

Users of the Site are not warranted that their use shall be uninterrupted or free of any errors. We reserve the right to temporarily or permanently, entirely or partially, discontinue, suspend, remove and change the Site and any of its contents at any time and in our sole discretion without prior notice. We do not commit to keep the Site up to date or to make the Site or all products or services available at all times, in all territories and/or to all users. We may restrict or limit without notice your access to the Site or parts thereof at our sole discretion and without liability.

The products and services described on our Site (and their respective websites) are each subject to their respective terms and conditions or agreements, where there is a conflict those other terms and conditions or agreements will govern.

Please note that these Terms of Use limit our liability and that we do not provide warranties for the Site or contents. It also limits your remedies.

Allowed use of the Site and contents

The Site, all its contents and functions available to you are provided "as is" and "as available" for your information and personal use only. Subject to your acceptance of and compliance with these Terms of Use, we grant you a personal, non-commercial, revocable, non-exclusive, non-assignable right to use of the Site and its contents solely for your private purposes and always in accordance with the Terms and Use and the applicable law. Without limitation, you are not granted the right to manipulate or in any other way change the Site or the contents.

You are forbidden from using the Site or any of its content for any other purpose except for those explicitly described in the previous paragraph, the Terms of Use or with our prior written consent. Any mis-use of the Site and contents (including but not limited to printed copies thereof) contradictory to these Terms of Use is a violation of this Agreement and intellectual property laws, is strictly prohibited and may lead to termination of your right to access or use the Site and contents, as well as lead to legal action.

You agree that you may not be use, copy, modify, adapt, distribute, transmit, translate, display or otherwise exploit the Site for any other purposes whatsoever without our prior written consent. You may download or print a copy of the Site for personal use only.

You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site.

We reserve all rights not expressly granted in and to the Site.

Intellectual property rights

All information and material contained in the Site, as defined, are owned by us or our licensors and are protected by intellectual property laws and international treaty provisions. You acknowledge that we own or are licensed to use all rights, titles and interests in and to the Site and contents including without limitation all intellectual property rights therein and thereto. "Intellectual property rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights as may be updated and expanded from time to time.

You acknowledge that under no circumstances do you acquire any title or interest to any part of the Site or its contents.

Trademarks

Safecharge, xt:Commerce, MarketNetwork, InstallSmart, Gate2Shop, Ginyas, Messenger Plus!, the exclamation mark and Plus! are trademarks, trade dress and/or service marks of market.com and its affiliates and subsidiaries.
Other marks, graphics, icons, names and logos used or displayed on or through the Site and the describes or offered products or services are trademarks, trade dress and/or service marks of market.com and its affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by market.com.

You may not copy or use any of the aforementioned trademarks, trade dress and/or service marks (market.com's or otherwise), in whole or in part, without the prior written permission of market.com or the respective owner.

You may not use any metatags or any other "hidden text" utilizing any of the aforementioned trademarks, trade dress and/or service marks without the prior written permission of market.com or the respective owner.

Information on the Site

You must not accept information on the Site as comprehensive nor should you rely on the information presented in the Site only for business or legal decisions and you should consult with the appropriate professional. Any forward-looking statements made on the Site are based on our best judgment but are subject to a number of uncertainties as well as events beyond our control.

You understand and agree that your access and use of the Site and its contents is entirely at your own discretion and at your own risk and that you will be solely responsible for any damages that may result from such access and use.

Privacy policy and use of cookies

Use of the Site is also governed by our Privacy Policy the provisions of which are adopted herein by reference so when we refer to these Terms of Use we also refer to the Privacy Policy.

Links to other websites

The Site may contain links to third party websites. These links are included for your convenience only and their inclusion does not imply affiliation, endorsement or adoption of these websites. When you use these links you will be leaving our Site. We do not monitor or control such websites and we assume no responsibility or liability whatsoever for the content or privacy practices of those sites and these Terms of Use do not apply. Your access and use of any linked website is at your own risk. Before using third party sites, you should read and understand those sites'/product's terms of use and privacy policies to ensure you agree to their terms.

Links to this Site

You may create links to this Site from other websites in as much as it is clear that we do not endorse you or your activity, business, products or services and that you and us are not affiliated in any way.

Disclaimer of warranties

THE SITE, ALL ITS CONTENTS AND FUNCTIONS AVAILABLE TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. MARKET.COM, ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS (JOINTLY: THE "MARKET.COM PARTIES") DO NOT ASSUME ANY LIABILITY WHATSOEVER AND DISCLAIM ANY RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR ACCESS OR USE OF THE SITE AND CONTENTS.

YOU UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SITE AND ITS CONTENTS ARE ENTIRELY AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM YOUR ACCESS OR USE OF THE SITE AND CONTENTS.
THE MARKET.COM PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESSED, IMPLIED, OR STATUTORY WARRANTIES WITH RESPECT TO THE SITE AND CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE MARKET.COM PARTIES, JOINTLY AND SEVERALLY, ALSO DISCLAIM ANY WARRANTIES AND LIABILITY REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND CONTENTS.

ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKET.COM PARTIES OR THROUGH OR FROM THE SITE SHALL NOT CREATE ANY WARRANTY AND SHOULD NOT BE RELIED UPON FOR BUSINESS OR LEGAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF CERTAIN TERMS OR WARRANTIES, SO THE ABOVE EXCLUSIONS IN WHOLE OR IN PART MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION IN WHICH CASE ONLY THE LIMITATION WHICH ARE LAWFUL IN YOUR COUNTRY OR JURISDICTION WILL APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

Limited liability

INASMUCH AS ENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE MARKET.COM PARTIES BE LIABLE FOR ANY DAMAGE WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF INCOME OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR REPUTATION, AND THE LIKE) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF THE MARKET.COM PARTIES, JOINTLY OR SEPARATELY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE, INABILITY TO USE AND RELIANCE ON THE SITE AND CONTENTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ACCESS OR USE OF THE SITE AND CONTENTS FOR ANY REASON. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF USE, NOTHING IN THESE PROVISIONS SHALL RESTRICT OR EXCLUDE ANY LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) OF THE MARKET.COM PARTIES IN RESPECT OF PERSONAL INJURY OR DEATH ARISING FROM THE NEGLIGENCE OF MARKET.COM.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OR LIMITATION OF LIABILITY OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION AND IN SUCH CASE THE AGGREGATE LIABILITY OF THE MARKET.COM PARTIES SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED ONE HUNDRED DOLLARS ($100). YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

WHILE THESE LIMITATIONS OF LIABILITY PROVISIONS USE THE MARKET.COM PARTIES DEFINITION, THE RESPONSIBILITIES AND LIABILITIES ARE NOT ON A JOINT AND SEVERAL BASIS (I.E. EACH MEMBER OF THE MARKET.COM PARTIES SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES AND LOSSES CAUSED BY SUCH MEMBER.

Governing law and disputes

The Site can be accessed from numerous places and countries around the world. That shall not be understood as venue or consent to that local jurisdiction as Market.com did not avail itself to any other local jurisdiction other than the one stated and expressly implied in these Terms of Use.

Any cause of action shall be commenced within one (1) year after the claim arises, or be forever waived.

These Terms of Use and any claim or dispute arising out of it shall be governed in all respects by the laws of England and Wales, excluding its choice-of-law rules, without regard to conflict of law provisions and regardless of your country of origin or where you access or use the Site and contents. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

You and market.com agree that all claims arising out of or in relation to the Terms of Use, the Site and any related services or components and the relationship between the parties shall be settled primarily through negotiations. In the event that disputes cannot be settled through negotiations, they shall be settled exclusively by the competent courts of London England.

Notwithstanding the above, you agree that market.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

MISCELLANEOUS PROVISIONS

ENTIRE AGREEMENT. These Terms of Use and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by market.com.

NO WAIVER. Failure or delay of market.com exercise any right, power or remedy under or to require or enforce strict performance by you of any provision of these Terms of Use, the Privacy Policy and any supplemental or incorporated documents or policies shall not be construed as a waiver or relinquishment of any such right, power or remedy.

LANGUAGE. Where we provide you with a translation of the English language version of the of the Terms of Use, Privacy Policy or any other document, you agree that the translation is provided for your convenience only, does not come to modify the English version and that the English language versions govern .

SEVERABILITY. If the event any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms of Use or section, but rather the entire Terms of Use or section shall be construed as if not containing the particular invalid or unenforceable provision and the rights and obligations of the parties shall be construed and enforced accordingly.

MARKET.COM GROUP. Without prejudice to market.com's other rights and remedies pursuant to these Terms of Use, any affiliate or subsidiary of market.com may rely upon and enforce these Terms of Use.

QUESTIONS:

Should you have other questions or concerns about these Terms of Use, please contact us at

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