BROWN MISSIONARY BAPTIST CHURCH
TERMS OF SERVICE
Last Updated 09/17/2022
Welcome to the Brown Marketplace (the “Marketplace”) operated by Brown Missionary Baptist Church (“BMBC)”! To make these Terms of Service (the “Terms”) easier to read, we will sometimes refer to BMBC (including our directors, officers, members, managers, employees, affiliates, successors and assigns (each, a “BMBC Representative”), except when acting as a User) as “BMBC”, “our”, “we”, or “us”; we will refer to you as “you” or a derivative of you; and we will refer to a user who creates an account on the Marketplace as a “User(s)”. In some instances when describing interactions between Users we will differentiate between “buyer” Users (each, a “Buyer”) and “seller” Users (each, a “Seller”).
About the Marketplace
The Marketplace is an online platform at www.brownmarketplace.com hosted on Shopify Inc. (“Shopify”). The Marketplace Shopify provides an online e-commerce platform that allows the buying and selling of Items to you. The Marketplace is dedicated to connecting businesses to consumers searching for high quality goods (an “Item” or collectively “Items”), that can result in a purchase of an Item (a “Transaction”). We provide more in-depth information on registering to use the Marketplace and Transactions in the sections below.
Supporting businesses has long been a practice of BMBC. Now, we are using the reach of the community to help support and empower businesses owners through the Marketplace. Marketplace Users can find most anything related to their day to day needs and explore their community.
The Marketplace exists to help make your dollar go further. Each Transaction empowers BMBC to change lives and make a difference in our communities and across the globe. One Hundred percent (100%) of the profits from the Marketplace will go to BMBC's missions and outreach initiatives.
Eligibility to Use the Marketplace
You must be at least the age of majority in the state where you live to use the Marketplace. Use of the Marketplace by anyone under 13 years of age is strictly prohibited! By using the Marketplace, you represent and warrant that you are at least the age of majority in the state where you live and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all the terms and provisions of these Terms, you must stop using the Marketplace immediately.
BMBC does not prohibit any BMBC Representative’s use of the Marketplace. All BMBC Representatives who act as Users must abide by these Terms.
Account Information and Right to Use the Marketplace
Account Creation and Profiles
The Marketplace allows a User to create a Marketplace Account (“Account”). A User may create an account by entering their first name and last name and selecting a username and password, which, for the purposes of these Terms, will be considered “User Information.” Once an Account is created, if the User wishes to sell Items, the User will need to 1) create a Seller’s Account Profile (“Profile”) by providing requested information, and 2) complete an Application to Sale (“Application”). After the Profile is created and the Application is complete the User may be allowed, at our discretion, to sell Items on the Marketplace. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, re-sell or exploit any portion of the Marketplace, use of the Marketplace, or access to the Marketplace or any contact on the website through which the Marketplace is provided, without express written permission by us.
All Sellers must provide some identifying information, which may include but may not be limited to the following: (1) first and last name, (2) email address, (3) physical address, and (4) phone number. All Users may provide additional information as requested in your Profile and Account (the foregoing will also be considered “User Information”).
Please Note: While the Marketplace collects User Information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete, and not misleading. By creating a Profile, you attest and warrant that the information provided is true and accurate, and misrepresentation may result in temporary or permanent suspension from certain features of the Marketplace or the Marketplace in its entirety.
Account and User Information Protection
It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information.
You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the Marketplace or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk and still are liable for all use of your Account and User Information, even if such use was not authorized.
We have the right to disable any Account at any time in our sole discretion, for any or for no reason, including if, in our opinion, you have violated any provision of these Terms.
Unauthorized Use of Your Account
BMBC will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard your User Information and/or promptly notify the Marketplace about unauthorized use of your Account or breach of your Account information or password.
No Guarantee of Access
We reserve the right to withdraw or amend the Marketplace, and any feature or material we provide as part of the Marketplace, in our sole discretion without notice. In addition, the Marketplace may automatically be upgraded and updated without notice to you. We will not be liable if for any reason if all or any part of the Marketplace is unavailable at any time or for any period.
Use and Access Restrictions
We reserve the right to refuse the use of, or access to, the Marketplace to anyone, for any reason, at any time. From time to time, we may restrict access to the Marketplace, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use the Marketplace with or without cause at any time, and may prevent your future use of the Marketplace. You may terminate this Agreement by simply discontinuing use of the Marketplace.
Your Responsibilities Before and After Termination
The Marketplace has no obligation to retain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. “Account Information” is an encompassing term that is meant to include your User Information as well as Transaction history, Items listed for Transactions, conversations with other Users, if and when such functionality becomes available on the Marketplace, Payment Account information and similar information concerning the Marketplace and your Marketplace usage. This list is meant to be illustrative and not exhaustive. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. BMBC shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You are solely responsible to copy and maintain all Account Information and User Information contained in your Account and Profile.
If you terminate your Account, or we terminate your right to use the Marketplace, BMBC may restrict your access to any Account Information, User Information or material that you may have used or stored in the Marketplace. Upon termination of your use of the service, certain provisions will survive termination.
License and Permission to Use Your Content.
The Marketplace enables you to post materials, including without limitation photos, profile pictures, messages, and commentary. All materials that you post on the Marketplace will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the Marketplace, Your Content may be viewed by the general public and will not be treated as private or confidential.
You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to the Marketplace product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third party individual photos or collections of photos, except in each case for the Marketplace Business Purposes. “Marketplace Business Purposes" means any use in connection with a BMBC-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Marketplace, the services or the information it contains, BMBC, or its affiliates. Marketplace Business Purpose specifically includes the use of Your Content on the Brown Market Place Platform in connection with features and functions offered by the Marketplace to our users that enable them to view and interact with Your Content.
Your Responsibilities for Your Content.
By posting Your Content on the Marketplace, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with these Terms. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.
We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason. We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
You agree that you will not:
- Use the Marketplace for any unlawful purpose or for the promotion of illegal activities;
- Use the Marketplace to, or to attempt to, harass, abuse, or harm another person or group;
- Provide others with access to or use of your Account, or use the Account or any other User without permission;
- Provide false or inaccurate information in the Marketplace or in your Account;
- Use the Marketplace for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Make any automated use of the Marketplace, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the Marketplace;
- Use any manual process to monitor or copy any of the material on the Marketplace or for any other unauthorized purpose without our prior written consent;
- Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the Marketplace or materials we provide as part of the Marketplace;
- Reverse engineer or attempt to extract the any source code of the Marketplace, unless applicable laws prohibit these restrictions, or you have our written permission to do so;
- Use any software, technology, or device to scrape, spider, or crawl the Marketplace or harvest or manipulate data;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Bypass any measures we take to restrict access to the Marketplace;
- Use the Marketplace to solicit sales outside of the Marketplace;
- Engage in market manipulation, for example the creation and use of multiple accounts in an effort to create the appearance increased demand for an Item;
- The distribution or sale of counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Items; or
- Otherwise interfere or attempt to interfere with the proper functioning of the Marketplace.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Marketplace, please contact us at [firstname.lastname@example.org]
Your Rights to Use the Marketplace
These Terms permit you to use the Marketplace for your personal use only, in accordance with the terms herein. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the Marketplace. You will use the Marketplace in full compliance with all applicable laws and regulations with regard to your use of the Marketplace, including all applicable laws.
If you breach any of these Terms, your right to use the Marketplace will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Marketplace, or any content on the Marketplace is transferred to you.
We reserve all rights that are not expressly granted to you under these Terms.
Interactions with other Users
BMBC has created the Marketplace to provide Users with the ability to connect with other Users to coordinate Transactions. The degree to which Users may interact and know each other’s identity or identifying information and the degree to which BMBC helps facilitate User interactions may vary from time to time, but at no time shall BMBC require that Users interact with each other outside of the Marketplace.
YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, BMBC IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS BMBC FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE MARKETPLACE.
User Legal Compliance
We require that Users comply with all applicable laws regarding Transactions, which may include licensing, business registration and the like. It is solely the responsibility of each User, and not of BMBC, to determine which laws are applicable to them and ensure that they are in compliance with such laws.
Please Note: While we require all Users to comply with applicable law, we make no effort to verify or ensure such compliance.
Pricing Billing and Fees
There is a monthly fee to establish and maintain an Account and use the Marketplace. Users are also required to pay any and all fees and charges related to Transactions. Users are required, upon registering their Account, to enter a desired payment method as prompted (“Payment Account”).
You authorize BMBC and/or its Billing Agent to bill your Payment Account immediately after an accepted Offer for all Transactions and related fees and charges.
Current Payment Information
You are solely responsible for maintaining and updating your Payment Account information. BMBC is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Account.
The following shall apply if you sign up for an Account:
- You authorize BMBC and/or any other company acting as billing agent for BMBC (“Billing Agent”) to charge and/or place a hold on your Account Balance for any charges or fees related to your use of the Marketplace.
- You authorize BMBC and/or Billing Agent to charge and/or place a hold on your Payment Account for any charges related to your use of the Marketplace.
- You authorize the party that issued your Payment Account to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
- You authorize BMBC and/or its Billing Agent to continue to attempt to charge your Payment Account all amounts described herein, or any portion thereof, until such amounts are paid in full.
If the Payment Account on file is declined or otherwise rejected for any fee or membership charge, the User shall have 7 days to provide updated information and payment. Failure to cure the within the 7-day grace period may, at BMBC’s sole discretion, result in termination of your Account without a refund. If a User wishes to reactivate their Account after deactivation from failure to pay a fee, they will be required to satisfy any debts owed to another User or to BMBC before a new Account can be created.
Sellers may list an Item for sale in the Marketplace. By listing an Item in the Marketplace, Sellers create a binding offer to sell that particular Item at a specified price (“Listing Price”). Prices for Items are subject to change without notice. We reserve the right at any time to modify or discontinue the Marketplace (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Marketplace.
When a Listing Price aligns with a Buyer’s specified buying price (an “Offer”), the Marketplace processes an automatic purchase Transaction. Buyer’s Payment Account is immediately charged via PayPal the total amount of the Transaction, which includes the purchase price plus all applicable fees. Upon the occurrence of a Transaction, Seller ships the Item to Buyer. PayPal then deposits the proper amount into the Seller’s PayPal Account and the proper amount into BMBC’s PayPal account, creating an “Account Balance” for both Seller and BMBC. Upon request by Seller, PayPal releases the requested amount from the Seller’s Account Balance to Seller via a PayPal transfer. It is your responsibility to ensure that all information provided is accurate for a proper transfer. PayPal nor BMBC may be able to recover money transferred to an improper account based on the information provided by Users. Seller shall be responsible for the cost of fees charged by PayPal for transfers, and Seller should review the PayPal terms and services as rates are subject to change and beyond the control of BMBC.
We reserve the right but are not obligated to limit the sales of Items to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Items that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Item at any time. Any Offer for any Item made on the Marketplace is void where prohibited. We do not warrant that the quality of any Items purchased or obtained by you will meet your expectations, or that any errors in the Marketplace will be corrected.
A Transaction occurs when a Listing Price and an Offer align. Upon a Transaction, Sellers are responsible to ship the Item to the Buyer. To benefit Sellers, a pre-paid shipping label is provided for Sellers to use to ship an Item to a Buyer. Should, for any reason, the cost to ship an Item exceed the pre-paid label price, Seller shall be responsible for any additional payment necessary to ship the Item. Failure to abide by shipping policies may, at the sole discretion of BMBC, result in penalties for the Seller.
Sellers are responsible for the accuracy of an Item’s description. Sellers are required to ensure that the Item matches exactly the image that is displayed on the Marketplace, and that the described condition of the Item is a true and accurate description of the condition of the Item. Any inaccuracy, whether it be the description, condition or authenticity of an Item, may, at the sole discretion of BMBC, result in penalties.
Penalties arising from Seller-related issues may include but are not limited to (i) additional charges of 15% of the total Transaction amount, or $12.00 (USD) for Transaction less than $45.00 (USD), whichever is greater, plus additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Seller Items from the Marketplace; (iii) cancellation of any or all of Seller’s pending Transactions on the Marketplace; (iv) withholding of any payments due to Seller; (v) limitations on Seller’s ability to buy and/or sell Items; (vi) charges to Seller’s Payment Account for costs, expenses, and fees incurred by BMBC as a result of Seller’s failure to properly comply with these Terms and; (vii) temporary or permanent suspensions of Seller’s Account.
Buyer has no obligation to return Items that do not conform to the Seller’s description, and Buyer is responsible for any fees associated with any return or disposal of the Item(s). BMBC has no obligation to return any Item that is deemed counterfeit, unauthentic, stolen, unauthorized, b-grade, or similar, but rather, BMBC may turn those Items over to the proper authorities, and Seller is responsible for any fees associated with this action.
When a Buyer places an Offer, the Buyer is responsible for the completion of payment of the Transaction amount, including all additional fees and taxes. More information regarding fees and taxes can be found in our Fee Schedule. Upon a Transaction, a Buyer authorizes BMBC or BMBC’s billing Agent to charge Buyer’s Payment Account. Buyer is responsible for updating Payment Account information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction.
Penalties arising from payment-related issues may include but are not limited to (i) additional charges of 15% of the total Transaction amount, or $12.00 USD for Transaction less than $45.00 USD, whichever is greater, plus additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Buyer’s Seller Items if said Buyer also acts as a Seller on the Marketplace; (iii) cancellation of any or all of Buyer’s Seller pending Transactions on the Marketplace; (iv) withholding of any payments due to Buyer in its capacity as Buyer or Seller; (v) place limits on Buyer’s ability to buy and/or sell Items; (vi) charges to Buyer’s Payment Account or subsequently provided means of payment for costs, expenses, and fees incurred by BMBC as a result of Buyer’s failure to properly comply with these Terms and; (vii) temporary or permanent suspension of Buyer’s Buyer and/or Seller Account.
For each Application, BMBC conducts a verification process using commercially reasonable efforts to 1) determine the authenticity of each proposed Item and the accuracy of the proposed Item’s description and condition and 2) verify that each proposed Item is aligned with our Use Requirements (“Item Verification”).
At any point, if Seller has a positive Account Balance, Seller may request a transfer via PayPal from the User’s BMBC Account to a PayPal account, and BMBC will conduct the transfer, deducting applicable fees, within 3-5 business days of the date the User requests the transfer.
BMBC uses PayPal as its billing agent and PayPal will, at all times, hold Account Balance funds in a non-interest-bearing account. Seller shall also maintain a PayPal account to receive proceeds from all Transactions. Upon a Transaction, BMBC’s billing agent, PayPal, may initiate transfer to Seller’s designated PayPal account. If Seller has not provided a PayPal account, then BMBC, after 30 days, shall not be responsible for Account Balance funds, and User may be unable to recover the Account Balance.
BMBC may provide historical BMBC sales data as well estimated values for Items. Any such historical sales data for an Item shall be accurate, and shall be updated frequently, but BMBC is under no obligation to provide such data, but rather may choose to do so for the benefit of its Users. BMBC’s historical sales data and estimated values in no way suggest or guarantee that Items will sell for an amount that is close to or that exceeds the amount of any past Transaction or for estimated value.
If an Item you purchased is in need of a return or exchange, please contact the Seller directly to facilitate such return or exchange. Each Seller on the Marketplace manages their own Transactions, and makes decisions about cancellations, refunds, and returns. Sellers are not required to accept returns, exchanges, or provide a refund unless Seller provided so to Buyer before the completion of the Transaction. BMBC may allow you to return an Item in limited circumstances. If the Item you received is not as described on the Marketplace, and the Seller is unresponsive, then you may request a return by reporting the issue within three days after delivery of the Item at email@example.com BMBC is not responsible for the return or exchange of an Item from any Transaction.
Intellectual Property and Account Information
Intellectual Property Ownership
BMBC and its licensors are the sole owners of all right, title, and interest in and to the Marketplace, including all software and technology therein, as well as any and all intellectual property rights arising therefrom. Except as otherwise provided herein or as authorized in writing by BMBC, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the Marketplace. If you wish to make any use of material provided as part of the Marketplace other than as set out in these Terms, please address your request to: firstname.lastname@example.org
Any use of the Marketplace not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms.
Cooperation with Law Enforcement
Without limiting any term or provision of these Terms, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Items on or through the Marketplace. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
All material or information that you use post to the Marketplace must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the Marketplace infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to BMBC’s designated agent at email@example.com
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- User Information reasonably sufficient to permit BMBC to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Liability, Indemnification, and Disputes
Assumption of Risk
You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the Marketplace, or in-person interactions. While BMBC does not encourage and may not even facilitate User communications, in the event that Users do interact, BMBC encourages all Users to take proper precautions. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, BMBC encourages the User to contact us at firstname.lastname@example.org
BY USING THE MARKETPLACE AND ENTERING INTO A TRANSACTION YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE MARKETPLACE AND ENTERING INTO AN TRANSACTION.
THE MARKETPLACE, AND ANY CONTENT OR INFORMATION THEREIN, AS WELL AS ANY ITEM VERIFICATION, BMBC HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BMBC IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. BMBC MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE MARKETPLACE, THE USE OR PERFORMANCE OF THE MARKETPLACE, ITEM VERIFICATION, BMBC HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BMBC. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE MARKETPLACE (INCLUDING ANY CONTENT AND INFORMATION THEREIN), ANY ITEM VERIFICATION, BMBC HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BMBC, BMBC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BMBC MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE MARKETPLACE, ITEM VERIFICATION, BMBC HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BMBC WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE MARKETPLACE OR FROM ANY ITEM VERIFICATION, BMBC HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BMBC.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
BMBC IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. BMBC HAS NO DUTY OR RESPONSIBILITY TO ENSURE THAT A USER HAS A SUFFICIENT ACCOUNT BALANCE TO CONDUCT A TRANSACTION, OR TO DETERMINE IF A USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING AND SUFFICIENT TO CONDUCT A TRANSACTION. USERS UNDERSTAND THAT THEY MAY INCUR FEES AND/OR CHARGES AS A RESULT OF BMBC TRANSACTIONS UNDER THE TERMS OF AGREEMENTS WITH PAYMENT INSTRUSMENT ISSUERS, OR BMBC MAY BE UNABLE TO FACILITATE SOME TRANSACTIONS.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS FROM USER’S ACCOUNT BALANCE, THE SOLE REMEDY AGAINST BMBC SHALL BE LIMITED TO THE AMOUNT OF FUNDS TO BE TRANSFERRED PLUS FEES AND CHARGES. IN NO EVENT SHALL BMBC BE LIABLE FOR DAMAGES FOR DLEALYS, NONPAYMENT, OR UNDERPAYMENT OF A PAYMENT, WHETHER CAUSED BY AN ACT OR OMISSION OF BMBC OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
Disclaimers of Liability
IN NO EVENT SHALL BMBC BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING.
BMBC SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF THE MARKETPLACE, WHETHER ARISING FROM A TRANSACTION OR OTHERWISE, OR ANY ITEM VERIFICATION, BMBC HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY BMBC; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR LOSS TO YOU, YOUR ITEM(S), YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, BMBC SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, INABILITY TO ACCESS YOUR ACCOUNT BALANCE, ABILITY TO USE THE MARLETPLACE, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF THE MARKETPLACE.
IF YOU ARE IN ANY WAY CONCERNED ABOUT ANOTHER USERS SUITABILITY FOR THIS MARKETPLACE, PLEASE LET US KNOW IMMEDIATELY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. BMBC HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE BMBC FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE.
Limitation of Liability
BMBC’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO BMBC IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, BMBC MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER’S TOTAL FEES TO BMBC FOR THE 12 MONTHS PRIOR TO THE CLAIM; OR $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification by You
You agree to DEFEND, indemnify and hold harmless BMBC (including its officers, directors, shareholders, employees, and agents) from AND AGAINST any and all LIABILITIES, costs, EXPENSES, LOSSES, or other AMOUNTS (including reasonable attorneys’ fees) INCURRED BY BMBC that arise from any claim, demand, OR CAUSE OF ACTION relating to (1) your use of the MARKETPLACE, including with respect to any TRANSACTION in which you are involved, (2) our use of your Account Information, (3) YOUR DISPUTES WITH OTHER USERS, (4) any other user’s actions or OMISSIONs, as they relate to you, (5) your breach of these terms, (6) your breach of the other policies, (7) your misuse of the MARKETPLACE, (8) your violation of any law, or (9) your violation of any other user’s or third party’s rights.
As stated throughout, BMBC shall not be liable, and shall bear no liability, in connection with any TRANSACTION. BMBC DOES NOT BUY OR SELL ITEMS OR PARTICIPATE IN ANY TRANSACTIONS BETWEEN USERS. any transaction in which a BMBC REPRESENTATIVE IS ACTING AS A User shall BE CONSTRUED AS A USER TO USER TRANSACTION AND NOT AS A TRANSACTION INVOLVING BMBC. ANY DAMAGES or LIABILITIES THAT arise from or in connection with a TRANSACTION WILL BE YOUR SOLE RESPONSIBILITY.
Limitation on Time to File Claims
You agree that any cause of action related to or arising out of your use of the MARKETPLACE must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
BMBC shall have no liability for delays or failure to meet responsibilities from any condition or event that is beyond its reasonable control, including but not limited to governmental action, acts of terrorism, acts of nature including earthquakes, fire, flood, or other acts of god; or labor conditions. this list is meant to be illustrative and is not exhaustive.
Arbitration Agreement, Jury Trial Waiver, Class Action Waiver and Dispute Resolution
THIS SECTION PROVIDES YOUR AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”) ANY CLAIMS, SUBJECT TO LIMITED EXCEPTIONS, THAT YOU AND BMBC HAVE AGAINST EACH OTHER. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND RELIEF AGAINST BMBC THROUGH ARBITRATION, AND NOT THROUGH ANY ACTION IN COURT, BY JURY TRIAL, OR IN ANY CLASS PROCEEDING. PLEASE REVIEW THIS SECTION CAREFULLY.
Except as prohibited by law and subject to any right you have to bring a claim against BMBC in small claims court in Shelby County, Tennessee, you agree and acknowledge that the exclusive means for resolving any dispute or claim arising from the Terms or your use of the Marketplace shall be binding arbitration. Any action to enforce an arbitration decision, including any proceeding to confirm, modify, or vacate an arbitration decision, may be commenced in any court of competent jurisdiction, pursuant to the Governing Law and Jurisdiction section below.
By agreeing to arbitration under the Rules, you agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on the interpretation, applicability, and enforceability of the Arbitration Agreement, as well as on all substantive and procedural claims involved in the relevant dispute. Additionally, the arbitrator shall have the authority to grant any remedy that would be available if the dispute were instead being resolved in a court of competent jurisdiction.
All arbitration shall be conducted by a neutral arbitrator under the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). Except as limited by applicable law, You and BMBC each hereby agree to equally share all filings, administrative and arbitrator fees to conduct the arbitration. Notwithstanding the foregoing sentence, BMBC will reimburse you for filing fees and pay all arbitrator fees if (1) the total amount of your claims against BMBC is less than $10,000 and (2) the claims arbitrated by you are resolved in your favor, as determined by the arbitrator. Each party will be solely responsible for any and all fees incurred by such party in connection with the arbitration.
Unless you exercise your right to an oral hearing, arbitration shall be conducted by written submissions. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims or disputes to BMBC at the address specified in the Contact Information section of these Terms. If we begin arbitration proceedings against you, we will provide you notice using your User Information. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this Arbitration Agreement. The AAA's Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
If any term or provision of this Arbitration Agreement is held invalid or unenforceable, such term or provision shall be severed from this Arbitration Agreement, and the remainder of the terms and provisions shall remain in full force and effect.
BY ACCEPTING THESE TERMS AND UNLESS OTHERWISE PROVIDED FOR HEREIN, YOU ARE (1) AGREEING TO THE TERMS OF THE ARBITRATION AGREEMENT IN THIS ARBITRATION AGREEMENT, (2) WAIVING YOUR RIGHT TO HAVE ANY DISPUTE OR CLAIM WITH BMBC RESOLVED IN COURT BY A JUDGE OR JURY, (3) OPTING TO HAVE ALL DISPUTES OR CLAIMS WITH BMBC RESOLVED BY A NEUTRAL ARBITRATOR, AND (4) WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS PROCEEDING.
Class-Action Waiver and Jury Trial Waiver
YOU AGREE THAT YOU WILL NOT COMMENCE, MAINTAIN, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST BMBC (“Class Proceeding”). TO THE EXTENT ANY CLAIM OR DISPUTE HEREUNDER PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BMBC AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Governing Law and Jurisdiction
Any claim relating to the Marketplace shall be governed by the laws of the State of Tennessee, without regard to any conflict of law provisions; provided, however, that the Arbitration Agreement above shall be governed by the Federal Arbitration Act. In the event that any or all of the arbitration decision is held to be unenforceable, any litigation against BMBC may be commenced only in the federal or state courts located in Memphis, Shelby County, Tennessee. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Brown Missionary Baptist Church. is the official legal name of BMBC, and we are a Mississippi non-profit. Please send all feedback, comments, requests for technical support, and other communications relating to the Marketplace to: email@example.com
Even if BMBC does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.
Any and all waivers by BMBC of any provision, condition, or requirement of these Terms will only be effective against BMBC if it is in writing and signed by an authorized officer of BMBC. No waiver by BMBC of any term or condition set out herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BMBC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Links to Third-Party Websites, Applications, Software, or Content
As part of the Marketplace, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties (collectively, “Third-Party Content”). These links are provided as a courtesy to Users. BMBC has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by BMBC.
We are not responsible for any Third-Party Content posted on, available through or installed from the Marketplace, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by BMBC. If you decide to leave the Marketplace and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from the Marketplace.
Entire Agreement & Severability
Email and Legal Notice
Communications made through the BMBC e-mail and messaging system, if and when available, will not constitute legal notice to BMBC in any situation where notice to BMBC is required by contract or any law or regulation.
You Consent to Receive Electronic Communications
We May Amend the Marketplace and these Terms
We may update the Marketplace (including its content, materials, and features) from time to time. Please be advised that any content contained on the Marketplace may not necessarily be complete or up-to-date. Any of the material on the Marketplace may be out of date at any given time, and we are under no obligation to update such material.
We may revise and update these Terms from time to time in our sole discretion. All changes become effectively immediately when we post them and upon your continued use of the Marketplace.