Marion, Iowa - Shop Where I Live

Terms of Use

TERMS OF USE

Last Updated: 10/30/2023

Welcome to Shop Where I Live, operated by Member Marketplace, Inc. (the “Company” or “Marketplace”).

By accessing the Marketplace application or its website found at here, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Marketplace account. If you wish to create a Marketplace account and make use of the Service, please read these Terms of Use.

You should also read the Marketplace Privacy Policy, which is incorporated by reference into this Agreement and available in the Service. Additionally, please read the Terms and Conditions for Buyers and Sellers. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Marketplace Privacy Policy and the Terms and Conditions for Buyers and Sellers, do not use the Service. Please contact us with any questions regarding this Agreement.

  1. Acceptance of Terms of Use Agreement.
    • This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement also includes the Company’s (i) Privacy Policy and (ii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service, such as terms governing features, billing, free trials, discounts and promotions.
    • By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at info@shopwhereilive.com. This Agreement may be modified by the Company at any time and from time to time, and each such modification shall be effective upon posting by the Company in the Service.
  2. Using the Service may be prohibited or restricted in certain countries. Any use of the Service is void where prohibited. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service. By accessing and using the Service, you represent and warrant that (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information;; and (d) your use of the Service does not violate any applicable laws, rules, and regulations (“Applicable Law”).
  3. Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have a Marketplace account. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.  After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
    • Business member accounts are month-to-month and can be cancelled anytime. To cancel a business member account, notify the Company via email at least 24 hours prior to the next withdrawal to stop payment. Canceling a business member account will remove your entire shop and products from the Marketplace. Businesses will want to export their orders and necessary information before closing their shops. Businesses in good standing are permitted to list their business again at a future time, though will have to create their shop and products once again as no data will be saved.
    • Business Member Use of Service. All persons/businesses interested in selling their products or listing their services on the Service will be required to complete registration and be approved before they can set up their shop. The Service reviews registrations to ensure applicants and their product or services meet the criteria to sell on the Marketplace.
        • Business Criteria. Small or local franchise businesses as approved by our partners.
        • Restricted Businesses. Businesses that fall into Stripe’s restricted business category will not be able to sell on the site and/or list these items on the marketplace. See Stripe’s restricted businesses for current criteria
        • Product Criteria. Products sold on the site must be directly associated with the business and business brand.
        • Excluded Products. At no items are the following products to be sold on the Marketplace. The Company reserves the right to deny any products that do not serve the Marketplace and other businesses well.
          • Dangerous items. Weapons, hazardous materials, and recalled items.
          • Pornography and mature content.
          • Illegal items. Items promoting illegal activity, illegal drug-related items, and highly regulated items.
          • Hate or violence items. Items that promote, support, or glorify hatred, violence, or racism. Items with profanity.
          • Third party direct-sales products. Products that are not owned or made by the business. This includes direct sales products like Rodan + Fields, Mary Kay, Stella + Dot, etc. Businesses that sell these items are likely not permitted to sell through third-party websites like Shop Where I Live, however, the business can create information/service “products” where customers can inquire to learn more about your business offerings or externally link to your website.
          • Used products. We do not accept previously used items unless those products are directly associated with the business and business brand, and/or determined as collectables/memorabilia with increasing in value, and/or are old items made new again by painting/repurposing, etc.
          • Restricted products. See “Restricted Businesses” above. Some products (wine or alcohol may be approved if prior authorization from Stripe is obtained).
        • Regulations. It is the sole responsibility of each business to be familiar with and abide by all state and federal regulations pertaining to their operation.
  4. Business Member Use of Service. All persons/businesses interested in selling their products or listing their services on the Service will be required to complete registration and be approved before they can set up their shop. The Service reviews registrations to ensure applicants and their product or services meet the criteria to sell on the Marketplace.
    • Regulations. It is the sole responsibility of each business to be familiar with and abide by all state and federal regulations pertaining to their operation.
    • Business Permits, License, CPSC Laws, Insurance Requirements. Licensing and permit requirements vary depending on the type of business you are operating. It is the sole responsibility of each business to be familiar with and abide by all state and federal regulations and CPSC laws pertaining to the production, harvest, preparation, preservation, labeling, shipping, and safety of products bought on the Marketplace.
    • Sales Tax. The Service collects and remits sales tax reporting on behalf of Iowa-based businesses as required by marketplace facilitator laws for the states of Arkansas, District of Columbia, Florida, Illinois, Indiana, Iowa, Michigan, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, South Dakota, West Virginia, Wisconsin, and Wyoming.
      • It is a business’ responsibility to ensure that, if necessary, proper sales tax settings are applied to specific products and services sold.
      • Your sales may be subject to IRS tax reporting depending on the products sold. Below is additional information regarding the tax forms you’ll receive:
        • Form 1099-K is an IRS information return that includes the gross amount of all payment transactions you received within a calendar year. All payments to vendors go through our processing partners Stripe and PayPal. Depending on who you use to receive payments from our marketplaces, you may receive a Form 1099-K by January 31 from them depending on the totals of your sales and transactions:
          • Gross payments that exceed $600, AND
          • Any number of transactions
  5. Account Security. You are responsible for maintaining the confidentiality of any username and password you designate while utilizing the service process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
  6. Your Interactions with Other Users.
    • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS INCLUDING ANY SALES BETWEEN USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, THEIR POSTED CONTENT AND INFORMATION, OR THEIR GOODS OR SERVICES. FURTHERMORE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES.
    • The Company is not responsible for the conduct of any user or their goods and services. As noted in and without limiting Sections 11 and 13 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or transactions with other users or persons you engage through the Service. You agree to take all necessary precautions in all interactions with other users.
    • You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline purchases or sales. You agree to take all necessary precautions when selling or purchasing through the site. The Company also does not verify the statements of its users. In no event, shall the company be liable, directly or indirectly, for any losses or damages whatsoever, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting in from communications or meetings with other users through the Service.
  7. Proprietary Rights. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
  8. Content Posted by You in the Service.
    • You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
    • You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
    • By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
    • Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations including any sales tax laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
    • You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
  9. Prohibited Activities. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
    • impersonate any person or entity;
    • selling of any tobacco products;
    • use the Service in an illegal manner or to commit an illegal act;
    • access the Service in a jurisdiction in which it is illegal or unauthorized;
    • ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
    • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
    • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
    • interfere with or disrupt the Service or the servers or networks connected to the Service;
    • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
  10.  Modifications to Service. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
  11. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
    • identification of the copyrighted work that you claim has been infringed;
    • identification of the material that you claim is infringing and information reasonably sufficient to enable the Company to find the material on the Services, such as a URL;
    • your address, telephone number and email address;
    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent (the Copyright Agent shall also be responsive for any claims of copyright infringement regarding the Digital Millennium Copyright Act) at info@shopwhereilive.com.
  12.  The Company will terminate the accounts of repeat infringers.
    • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
    • From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
  13.  Links to Other Websites or Resources. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
  14. Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
  15. Governing Law. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Iowa without regard to principles of conflicts of law. Any action shall take place in Linn County, Iowa and you consent to said jurisdiction.
  16. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content that you post in, through or in connection with the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
  17. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
  18. Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

 

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