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Buyer’s Agreement

Updated: March 25 th, 2017

This Buyer’s Agreement (“Agreement”) is entered into by you and From My Child To Yours, doing business as From My Child To Yours (referred to herein as “FMCTY,” “our,” “we” or “us”).  For purposes of this Agreement, the words “you,” “buyer” and “user” are used herein to refer to you and include you and any other person or entity on whose behalf you may be acting.  Moreover, for purposes of this Agreement, the terms “product” or “products” respectively mean “good” or “goods.” From My Child To Yours  is an online venue located at the domain www.frommychildtoyours.com (“Site”).  You must register with FMCTY if you wish to communicate with other users, or purchase a product.

By completing the registration process on our Site, you acknowledge that you have read this Agreement, our Terms of Use and our Privacy Policy, and you agree and accept to be bound by all the terms and conditions in this and those documents, all of which constitute a binding agreement between you and FMCTY.  FMCTY may change this Agreement from time to time without notice to you, and your use of the Site will be deemed as acceptance of such changes.  The date shown at the beginning of this Agreement will be updated to show the date of the most current changes.

Your account may be temporarily suspended or permanently closed if you (a) fail to abide by his Agreement or any of the terms and conditions in the other documents referenced in this Agreement, copies of which are available on the Site; or (b) fail to maintain your account with FMCTY current and in good standing.

 

User Requirements

The Site and our registration process are available only to, and may only be used by, individuals who are 18 years of age or older, who can form legally binding contracts under applicable law, and who are physically located within the United States of America.  By completing our registration process, you represent and warrant that you are at least 18 years old, have the capacity to form and enter into a legally binding contract, and are physically located within the United States of America.  We may, in our sole discretion, refuse access to or use of the Site to any person or entity at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

If you are registering an entity, then you represent and warrant that (a) you are duly authorized by such entity as required by its governing documents to enter into this Agreement and bind such entity; and (b) the business revenue of the entity being registered is taxed in the state in which it operates.

 

Registration

Account Information:  In order to establish an account with us, you must enter certain personal identifiable information such as your first and last name, mailing address, and email address and password.  That type of information will be used to setup your account with FMCTY and as otherwise described in this Agreement and in our Privacy Policy.  You must keep all account information current at all times.

Username & Password:  During registration, you will be asked to create either a username and password or login via Facebook authentication. Your username must be an email address.  Your password should be unique.  You cannot use the name “Scott’s Marketplace” or the acronym “FMCTY” in your username or password.  You are solely responsible for maintaining the confidentiality of such password, which you should keep secure.  You are fully responsible for all activity, liability and damage resulting from your failure to use or maintain your password confidentially. You agree to immediately notify us of any unauthorized use of your username and/or password or any other breach of security.  You agree not to provide your username and password combination to any other person.  In all events, FMCTY is not, and will not be, liable for any loss or damage arising from your failure to keep and maintain your password secure and confidential or from your disclosure or sharing of such information with others. If you forget your password, then FMCTY will send you a unique link, which will be sent to your email address and which will allow you to change your password.  The unique link will expire after three (3) calendar days.  You understand and acknowledge that your email address will be used as your username.  FMCTY is not responsible or liable for any damage or loss resulting from the hacking or misuse of such email address or related account.

Facebook Authentication:  By logging in via Facebook authentication, certain personal details from your Facebook profile will be used to fill in the details of your FMCTY account information, including information such as but not limited to name, email address, and birthday.

Transactions:  FMCTY is a venue used to facilitate interactions between sellers and buyers.   FMCTY is not directly involved in the transactions between buyers and sellers nor does it have any involvement in the consummation of a contract between a buyer and a seller.  Therefore, you must have a valid and current account with a third-party payor such as PayPal in order to complete a transaction with a user who has an established account with us.  FMCTY does not transfer legal ownership of any product or item from a seller to a buyer.

Registration Completed:  In order to complete your registration with FMCTY, you must acknowledge and agree to all of the terms and conditions in this Agreement, which includes our Terms of Use, our Privacy Policy, and in any other documents referenced in this Agreement.  By entering into this Agreement, you agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by all other rules, policies and procedures that may be published from time to time on the Site all of which are incorporated herein by reference and each of which may be updated by FMCTY from time to time without notice to you.

 

Termination

We may, at our sole discretion, either suspend or terminate your account if you violate this Agreement, our Terms of Use, our Privacy Policy or any other policy published on the Site or for any other reason.  If you have any questions, then you should immediately contact FMCTY.

 

Transferability

You may not transfer, sell or assign your FMCTY account to another party.

 

Use of Site

You shall not use the Site for any illegal or unauthorized purpose what so ever, and you shall not violate any laws federal, state or local laws.

Offers for Sale:  We are not involved in any transaction between buyers and sellers and we have no involvement in the consummation of a contract between any seller and you.  Consequently, we do not and cannot transfer legal ownership of any items from any seller and you, and we do not have control over the quality, safety, morality or legality of any aspect of the goods or services offered for sale by sellers on the Site, the truth or accuracy of the listings, the ability of sellers to sell goods and services, or the ability of you to pay for such goods and services.  Therefore, you agree and fully understand that FMCTY is not liable or responsible in any form for any matter arising out of a transaction between any seller and you. We encourage you to confirm and verify all users before engaging in any transaction.  You may wish to consider using a third party escrow service or services that provides additional user verification. You should be comfortable in all respects with a seller before you purchase goods or services from them.  There is no assurance that a buyer or seller will actually complete a transaction initiated on the Site.

Sellers on the Site may have their own policies with regard to the products and services offered for sale, the terms of the transaction, shipping, returns, and payment.  The parties are required to use a third-party payor such as PayPal to process payments for all transactions resulting from an offer to sale a product and service on the seller’s online storefront.

The parties to a transaction are responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for all sales resulting from an offer to sale a product and/or service on a seller’s online storefront.

User Ratings: Users who have established an account with FMCTY may review, rate, and comment on a seller,  the seller’s business, or the seller’s product.  You understand that such reviews, ratings and comments are not made by FMCTY.  You agree that FMCTY shall not be responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with any such review, rating and/or comment..

Restrictions:  You are solely responsible for your conduct and activities on the Site.  In addition to the Prohibited Activities in the Terms of Use, the following are prohibited:

  • post, publish or otherwise communicate statements that are false, inaccurate or misleading,
  • use profane or racist language or images,
  • publish statements, content or images that are obscene or lewd, or that contain pornography,
  • publish statements that are defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or intended to intimidate a person (including FMCTY employees),
  • falsely state or misrepresent your affiliation with any person including FMCTY,
  • modify, adapt or hack the Site, create a mirror image of the Site, or modify another website so as to falsely imply that it is associated with SMP,
  • otherwise make statements or engage in conduct that violates this Agreement, our Terms of Use, our Privacy Policy or any other policy published on the Site, and
  • violate any applicable law, statute, ordinance or regulation.

 

Right to Refuse Service

We reserve the right to, in our sole discretion, temporarily or permanently suspended, deactivate, and close your account.  We also reserve the right to refuse service to anyone, for any reason, and at any time.

 

FMCTY Content

FMCTY owns or has rights to (a) all intellectual property on the Site including without limitation, all trade names, taglines, trademarks, service marks, copyrights, and patents; (b) all code and functionality of the Site; and (c) all text, designs, graphics, pictures, images, and information on the Site (collectively, the “FMCTY Content”).

You may use the Site solely in connection with the intended purpose and use of the Site. No right, title, interest, or license in any FMCTY Content is transferred to you.  FMCTY retains all of its intellectual property rights in all FMCTY Content.

You agree not to (a) access or attempt to access the FMCTY Content, (b) alter, copy, decompile, reverse engineer, distribute, transmit, or otherwise appropriate or modify any FMCTY Content, and (c) negatively alter or damage the FMCTY Content.

FMCTY may make available to you certain hyperlinks or technology, which may contain FMCTY Content, for purposes of social sharing.  You agree to use such hyperlinks or technology only for the purpose it is provided and for no other purpose.  You agree not to alter, modify, manipulate, or interfere with the hyperlink or technology or their functionality.

 

Scope of Control

If you rely on any review, rating or comment to decide whether or not to do business with a seller or whether or not to purchase a product, then you do so at your own risk.  You are solely responsible for your conduct and activities on the Site.  You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, or render the Site partially or wholly inaccessible to others.

If you rely on any review, rating or comment to decide whether or not to do business with a seller or whether or not to purchase a product or service, then you do so at your own risk.  FMCTY does not endorse any company, content, products, goods, services, or other items listed for sale on the Site or any other websites or other resources associated with any user of the Site.  You agree that FMCTY shall not be responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, goods, services, reviews, ratings, comments, or any other information available on the Site or on any websites or resource posted, linked to, or referenced on, the Site.

You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.  By using the Site, you agree to accept such risk.  We encourage you to confirm and verify all users before engaging in any transaction. You may wish to consider using a third party escrow service or services that provide additional user verification.

You agree that FMCTY is not liable for any and all acts or omissions of users on the Site.  Please use caution and common sense when engaging in communications and entering into transactions with users of the Site. You use the Site at your own risk.

 

Limitation on Liability

FMCTY IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, AND/OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO: (A) YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF, OR ACCESS TO, THE SITE, PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE; (B) ANY TRANSACTION FACILITATED BY OR THROUGH THE SITE; (C) ANY CONTENT ON THE SITE OR ANY ERRORS OR INACCURACIES IN SUCH CONTENT, OR ANY OMISSION IN CONTENT; (D) CHANGES, MODIFICATIONS, OR ALTERATIONS TO YOUR CONTENT, IMAGES OR INFORMATION, WHETHER OR NOT AUTHORIZED BY YOU; AND/OR (E) THE FMCTY CONTENT, ANY OTHER CONTENT, AND/OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER OR NOT FMCTY HAS BEEN ADVISED OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE.  IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OF WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FMCTY’S WARRANTIES ARE EXCLUDED AND ITS LIABILITY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW WHICH SHALL NOT, IN ANY EVENT, EXCEED $100.00.

 

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FMCTY FOR AND FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR FAILURE TO ABIDE BY THIS AGREEMENT, THE TERMS OF USE, OUR PRIVACY POLICY, AND ANY OTHER DOCUMENT INCORPORATED BY REFERENCE IN THIS AGREEMENT, (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, (C) ANY OFFER TO SELL MADE ON OR THROUGH THE SITE, (D) ANY PRODUCT OR SERVICE OFFERED FOR SALE ON THE SITE, (E) CONTENT UPLOADED TO OR POSTED OR MADE AVAILABLE ON THE SITE, (F) ANY REVIEW, RATING OR COMMENT POSTED ON THE SITE  OR (G) YOUR USE OR INABILITY TO USE THE SITE.

 

Release

YOU RELEASE FMCTY FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) YOUR USE OF THE SITE, (B) THE USE OF THE SITE BY OTHERS, (C) YOUR ACTIONS, INACTIONS, AND/OR OMISSIONS AND THOSE OF USERS OF THE SITE, (D) THE PROMOTION OR ADVERTISING OF PRODUCTS AND/OR SERVICES ON THE SITE, AND (E) THE USE OF THE SITE TO OFFER FOR SALE OR TO FACILITATE THE SALE OF PRODUCTS AND/OR SERVICES.

 

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect FMCTY’s intent and to become enforceable.  All remaining provisions of this Agreement will remain in full force and effect.

 

No Agency

You and FMCTY are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Governing Document

In the event of a conflict between this Agreement and our Terms of Use, the terms and conditions of this Agreement shall govern.

 

Choice of Law
This Agreement shall be interpreted and construed in accordance with the laws of the State of Arizona, excluding its conflicts of laws rules, and the United States of America.

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