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Welcome to the
ArtisansMarket.com web site (the "Site") and our artist services (the
"Services"). Any and all Individuals 18 year of age or older who willingly
access this Site and use the Services provided by Artisans Market Inc. to
sell their handmade items from their web page (the “Store”), must accept the
terms and conditions of this Membership Agreement without change. BY
REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO
ALL THE CURRENT TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT, POLICIES
AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
Artisans Market,
Inc. (DBA
“ArtisansMarket.com") reserve the right to change any of the terms and
conditions contained in this Membership Agreement or any of the policies or
guidelines governing the site or services, at any time and at Artisans
Market, Inc. Sole discretion. All changes will be effective on the day they
are posted in the “Revisions” section of this Website. All notice of changes
to this Membership Agreement will be posted on the Site for thirty (30)
days. You are responsible for reviewing the notice and any changes to said
policy that affects your StoreStore. Changes to any referenced policy and/or
service may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE
AND THE SERVICES FOLLOWING ARTISANS MARKET, INC.'S POSTING OF ANY CHANGES
WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO
NOT AGREE TO ANY CHANGES TO THIS MEMBERSHIP AGREEMENT, DO NOT CONTINUE TO
USE THE SERVICES OR THIS SITE.
1. Eligibility.
The Use of this Website and
any or all of the services provided are limited only to individuals who
lawfully can enter into and form contracts under Federal law. For example,
minors are not allowed to use the Website for the purpose of selling or
buying without parental consent. Federal law mandates no minor will be held
to any contract with any commercial vendor until age 18. All eligible
Adults must register and provide the legal name of their business or Person.
You must provide a current and verifiable address, phone number, tax ID
number or Social Security number and valid credit card information. We also
request a current email address; however, this is optional.
2. Artists’ Membership Fees and Payment Terms.
Please review the Fee Schedule and Payment Terms Listed on the site in the
section titled “Our Network” subtitled “Pricing”. All listed fees are in
U.S. dollars unless stated otherwise and are incorporated herein by
reference. The Fee Schedule and Payment Terms may change in the future. All
current members will be notified before the change to any membership fee or
payment schedule is changed. The change will also be posted in the
“revisions” section of the site. The Fee Schedule and Payment Terms listed
at the time you open your StoreStore will prevail in all transactions until
notice of change is given and listed in the “revision” area. You should
check the fees and terms each time you participate. All fees, including but
not limited to membership plan fees, are payable according to site policies.
All fees are due upon demand if you are found to be in violation of any set
policy concerning those fees. A site-approved credit card or electronic
check payment are the acceptable forms of payment By registering your
Store on the Site, you authorize Artisans Market, Inc. to charge your
credit card for any fees due according to this contract at said due date.
3. Applicable Policies and Guidelines.
By joining our network and accepting the terms of this agreement your
business and/or you as the owner of the Store agree to all the procedures
and guidelines set forth in this membership agreement and to all policies
listed in this site. This will include the posted price of all items
advertised for sale, which are incorporated by reference into, and made part
of, this Membership Agreement. The procedures and guidelines contained in
the “Our Network” section of this
site describe in detail the policies, guidelines
to include acceptable business conduct and prohibited practices set forth by
Artisans Market Inc. These policies and guidelines are at the sole
discretion of Artisans Market Inc. We may change these procedures and
guidelines in the future, and such changes will be effective immediately
upon posting. Artisans Market, Inc. will notify all current members a change
has been made. However it is the responsibility of any and all members to go
to the revisions section of this site and read all details about said
change. Artisans Market, Inc. reserve the right to make changes as stated
above and post a change has been made. However Artisans Market Inc. will not
change any policy with the sole intent to deceive any one member of this
site in order to manipulate that vendors Store activity. All changes made
will be applied to each member equally and without prejudice. You should
refer regularly to the “Our Network” section
to understand the current procedures and guidelines for participating and to
be sure that the items you offer for sale can be sold on the Site.
4. Artisans
Market, Inc.’s Role.
Artisans Market, Inc.
provides a venue for artists ("Sellers") and Buyers ("Buyers") to complete
retail transactions. Artisans Market, Inc. is not involved in the actual
transaction between Seller and Buyer. We are not the agent of the member
selling on this site and have no authority for any purpose. As a Seller, you
may list any handmade item on the Site unless it violates any of the policy
guidelines set forth in this agreement or is prohibited by any Federal
law. Without limitation, you may not list any item or link or post any
related material that (a) infringes any third-party intellectual property
rights (including copyright, trademark, patent, and/or trade secret.) or
other proprietary rights (including rights of publicity or privacy); (b)
constitutes libel or slander or is otherwise defamatory; or (c) is
counterfeited, illegal, stolen, or fraudulent. It is the sole responsibility
of the Seller to accurately describe the items for sale in their Store. As a
Seller, you use the Site and the Services at your own risk.
5. Artisans
Market, Inc.
Reimbursement Policies.
a. Transaction payments are registered on the Seller’s
Account History, and funds are periodically transferred to the Seller’s
designated checking account ("Seller’s Account"). The Buyer may authorize a
Payment Transaction with any major credit card accepted by Artisans Market,
Inc. You must provide us true and accurate information when registering and
must maintain and update that information when any/all changes are made.
Your information must always be current. As a member of Artisans Market,
Inc and a retail Seller to the public we mandate that you will not
impersonate any person or use a name he/ she is not legally authorized to
use. By agreeing to the terms of this agreement, Seller authorizes Artisans
Market, Inc. to verify any and all information the Seller provides to us.
This includes any updated information, credit reports by authorized agents,
Complaints by Authorized agents such as the Better Business borough or Dun &
Bradstreet. Seller also agrees that Artisans Market, Inc. has the right to
seek out all information related to any sale that results in complaints by
the Buyer, supporting bank or shipping company. Be advised, if you live in a
community property state, by law this agreement applies to your legal spouse
also. Artisans Market, Inc. reserves the right to terminate any agreement
set forth on this site should any investigation by our authorized employees
result in the discovery of any illegal activity, unauthorized transactions
or habitual poor business conduct by the Seller.
b. All balances owed to the Seller for a given 30-day period
will be reflected in the Seller’s “Account History” located under “My
Store”. Artisans Market, Inc. will initiate a credit to Seller’s Account on
the 1st and 16th of every month ("Payment Date") based
on a 30 day clearance from the date the Sellers UPS tracking number is
posted on their account management center. It is the sole responsibility of
the Seller to provide Artisans Market, Inc with this information. After the
ship tracking number has been registered for the customer order, or on the
next Business Day if the scheduled payment date falls on a non-Business Day.
(Business day defined as a Monday through Friday of any calendar week,
excluding government holidays). On the scheduled payment dates Artisans
Market will release funds and deposit to the Sellers account any funds owed
to them for sales generated in the last 30 day cycle, less any commissions,
or stated transaction fees owed to the merchant service provider and
Artisans Market Inc, or refunds that were released to the Buyer due to
returns, damaged merchandise, inadequate merchandise or other customer
dissatisfaction afforded them by law or by their credit card carrier’s
charge back policies. The funds will be remitted to Sellers account per said
agreement pay periods and Artisans Market, Inc will issue a report for
verification to Seller throughout the year in a timely manner.
c.
On occasion, Artisans Market, Inc. may send Seller a paper
check instead of an electronic credit to Seller’s bank account. We will do
so, for instance, if Seller’s bank will not accept an electronic credit to
Seller’s account or the Seller requests a paper check in writing to our
accounting department no less than 10 days prior to funds being released.
d. As a security measure, we may, but are not required to,
impose transaction limits or holds on any or all Buyer and Seller
transactions or disbursements, the cumulative value of all transactions or
disbursements during a period of time, or the number of transactions per day
or other period of time. We will not be liable to Seller: (i) if we do not
proceed with a transaction or disbursement that would exceed any limit
established by us for a security reason, or (ii) if we permit a Buyer to
withdraw from a transaction because the payment service is unavailable
following the commencement of a transaction or because the transaction was
unable to be verified i.e. linked to the “Buyer” stated on the credit card
account by Artisans Market, Inc.
e. We reserve the right to delay initiating the transfer of
Payment Transaction credits to a Seller’s bank account (or sending paper
checks) pending an investigation if we, in our sole discretion, believe
Buyer or Seller may have violated the Membership Agreement. Notwithstanding
any other provision of this Membership Agreement, if we determine, in our
sole discretion, that Seller has violated this Membership Agreement, we may
refuse to deliver a Payment Transaction credit to Seller and may instead
maintain the amount of such credit in a trust account or may return the
amount of the credit to Buyer. We will not be liable to Seller if we act in
accordance with the provisions of this Section.
f. All notices will be sent by email or will be posted on the
Artisans Market, Inc. Web site. We will send notices to Seller at the email
address maintained in Artisans Market, Inc.’s records for Seller. Seller
will monitor his or her email messages frequently to ensure awareness of any
notices sent by us. Seller will send notices to us at our current email
address published on our Web site. Email notices are deemed written notices
for all purposes for which written notices may be required unless Seller has
notified Artisans Market, Inc. during their initial membership that they
have no email address, access to any email messaging system and must be
reached by mail. Seller along with any changes must provide a current
contact address to Artisans Market, Inc. Email notices are deemed received
the business day after transmission if properly addressed to the intended
recipient unless Artisans Market, Inc. receive a returned error message.
This message will be noted, printed and filed in Sellers account. However if
Artisans Market, Inc. has no other current contact information for the
Seller, the Seller will not hold Artisans Market, Inc. responsible for any
losses due to changes made. If not sent by email, notice may be provided in
writing and mailed U.S. Mail, postage paid, First Class mail properly
addressed or personally delivered by express courier such as Federal
Express. First Class mail is properly addressed if sent by us to the address
maintained in our records for Seller. First Class mail is properly addressed
if sent by Seller to the current address published by us on our Web site.
First Class mail is deemed received when the assigned postal or private
carrier delivers it to our posted address. A notice sent by express
courier is deemed received when personally delivered to the intended
recipient or to a person with apparent authority to receive such delivery on
behalf of the intended recipient.
g. We may refuse service to anyone for any reason. We may
earn interest or other compensation from the balances in our bank accounts
that result from the required 30-day hold period mandated by merchant
services per their “charge back” policy. We reserve the right to seek
reimbursement from Seller if Artisans Market, Inc on their behalf releases
any funds required to refund any customer in a charge back situation. It is
the policy of all merchant service providers to allow their cardholders a
30-day grace period to claim a “charge back”. Artisans Market on Seller’s
behalf will afford the funds at the request of the merchant services
company. Let it be known Artisans Market, Inc. in no way acts or assumes the
responsibility of the charge back decision in its policies nor do we assume
the loss. As stated before, Artisans Market, Inc will, on the Seller’s
behalf, submit payment for the requested funds to the merchant service
provider who submitted the request. Artisans Market will also, on behalf of
the Seller, request all related information to include any forms that they
will need should they decide to protest the request. We will request any
and all items sent be returned to the Seller. However, Artisans Market, Inc.
has no control of the item being returned to Seller. Seller assumes all risk
of charge back fees and loss of items. Should this situation occur, Artisans
Market would note the transaction and all transactions related to it. The
information will be provided to the Seller for reporting purposes and
disputes. Artisans Market will require reimbursement for all funds released
due to a charge back request. Artisans Market, Inc will give Seller a 10-day
grace period to reimburse the Service for the funds it provided on their
behalf. If Seller does not comply and reimburse Artisans Market within the
required time set forth in this agreement we reserve the right to put a hold
on future transactions in the Seller’s Store until funds are reimbursed.
Should Seller decide they do not want to accept the responsibility for a
charge back situation a request in writing must be submitted in order for
Artisans Market, Inc. to decide whether they will permit another form of
payment. This decision will be by request and at our sole discretion. Be
advised should Artisans Market, Inc opt not to honor the requested payment
type by the Seller, Seller may have no choice but to terminate their
membership due to their decision not to accept credit card purchases
mandated by merchant provider policy.
Seller
may terminate his or her membership at the Artisans Market, Inc. network at
any time by giving a 7-day notice, and we may terminate Seller’s
participation in the network at any time by giving same said notice to
Seller. Membership termination takes effect at the end of the paid monthly
membership cycle. Seller must pay the Service whatever fees were incurred
prior to the effective date of the termination. Also upon termination, any
pending transactions will be canceled.
6. Artisans
Market, Inc.
Reservations of Rights.
Artisans Market, Inc. retains the right to immediately halt any sale,
prevent or restrict access to the Site or the Services, or take any other
action to restrict access to or availability of objectionable material, any
inaccurate listing, any inappropriately categorized items, any unlawful
items, or any items otherwise prohibited by the procedures and guidelines
contained in the “Our Network”
section. Artisans Market, Inc. retains the right
to seek reimbursement from Seller if it, in its sole discretion, decides to
reimburse Buyer or we receive a charge back from Buyer's credit card issuer
for the amount of Buyer's purchase from Seller.
7. The Participation of Artisans Market, Inc.
Artisans Market, Inc. itself may participate in sales from time to time.
When Artisans Market, Inc. offers goods for sale, it is no different than
any other Seller engaged in sales and will abide by the same procedures and
guidelines contained in the “Our
Network” section of the site. In addition,
employees of Artisans Market, Inc. are permitted to participate in their
personal capacity (i.e., not as Artisans Market, Inc. employees,
representatives, or agents) in the transactions conducted through this Site
(unless they have confidential information about a particular item).
Artisans Market, Inc. employees, when participating in any transaction in
their personal capacity, are subject to this Membership Agreement and the
same procedures and guidelines contained in the Our Network
as any Buyer or Seller on this Site. Artisans Market, Inc. takes no
responsibility for items, description or quality produced and advertised by
employees, agents or representatives of Artisans Market, Inc. in their
personal capacity.
8. Your Transactions
a. The Seller is obligated to sell the goods at the listed
price to Buyer who completes a transaction for the advertised item.
b. The Seller is obligated to package and ship the item to
the Buyer per shipping instructions and procedure guidelines in the “Our
Network” section of this site.
c. The Seller is obligated to record and register the ship
tracking information on the Website in the required area found in “My
Account” section of the site.
c. By listing items for sale, Seller represents and warrants
to prospective Buyers that they have the right to sell, and are compliant
with all mandated federal law concerning retail sales. This includes the
state regulations where Seller resides or has their business license or
permit. Seller also warrants that all listings are accurate, current and
complete. Seller assumes all liability for any misleading or otherwise
deceptive statements, descriptions or other information they provide about
said items for sale.
9. Your Obligation. By entering into this Membership Agreement with Artisans Market,
Inc. Obtaining a “Store” for the purpose of listing handmade items for
retail to the consumer, you agree to complete the transaction as described
by this Membership Agreement. You acknowledge that by not fulfilling these
obligations, your action or inaction may be grounds for legal action from
any party involved. It may also result in the immediate cancellation of your
membership.
10. Sales/Use Taxes. Seller is responsible for all sales tax information and sales tax
collected and paid to the required agency resulting from sales required by
the state they reside in or have their business license in. These taxes are
mandated with different percentages, reporting periods and payment dates per
state. Artisans Market holds no responsibility for those taxes, we collect
for the required transaction amount posted by the Seller and do not provide
any information concerning the guidelines for reporting, the collection of
or the payment to any agency that mandates sales tax be collected. Seller
must provide all required information for resale sales tax privileges in
their required state, and provide accurate reporting and payment on their
own accord. If you require information on how to do these tasks, contact
your state agency and request the information. All states offer educational
programs and customer assistance to help you.
11. Refunds. Artisans Market, Inc. will reimburse any Buyer who believes he/she
may be entitled to a refund for as long as the request falls during the 30
day period from the date the shipping transaction was recorded. Buyers will
be responsible for returning the product to the Seller. The Buyer will be
credited within 5 business days from the date the Seller receives the
returned merchandise.
12. Password Security. Your password may be used only to access the Site, use the
Services, electronically sign your transactions, and review your completed
transactions. You are solely responsible for maintaining the security of
your password. You may not disclose your password to any third party (other
than third parties authorized by you to use your account) and are solely
responsible for any use of or action taken under your password on this Site.
If your password is compromised, you must change your password.
14. Illegal Activity
a. Compliance with Laws;
Fraud. The Site and
Services may be used only for lawful purposes and in a lawful manner. You
agree to comply with all applicable laws, statutes, and regulations. You may
not register under a false name or use an invalid or unauthorized credit
card. You may not impersonate any participant or use another participant's
password (s). Such fraudulent conduct is a violation of federal and state
laws. Fraudulent conduct may be reported to law enforcement, and Artisans
Market, Inc. will cooperate to ensure that violators are prosecuted to the
fullest extent of the law. Artisans Market, Inc. retains the right to verify
any transactions we deem questionable. A questionable transaction, for
example, would be a considerable monetary purchase made by a Buyer who
requests overnight shipment. We reserve the right to NOT ship until we have
verified with the Buyer whose information appears on the credit card that
they made that order. We may contact them personally or contact their credit
card company or can with a request for further verification. If for any
reason we cannot verify the person holding the credit card account made such
purchase, shipment will not be made. Artisans Market, Inc. holds no
liability for sales that are cancelled or denied due to this policy.
Artisans Market maintains that the procedure is for the security of our
Seller and the security of the Buyer should identity fraud be in play.
Seller & Buyer will not hold Artisans Market, Inc. responsible for any
inconvenience or cancellation due to customer nor for Seller dissatisfaction
of said policy.
b. Investigation.
Artisans Market, Inc. has the right, but not the obligation, to monitor any
activity and content associated with this Site. Artisans Market, Inc. may
investigate any reported violation of its policies or complaints and take
any action that it deems appropriate. Such action may include, but is not
limited to, issuing warnings, suspension or termination of service, denying
access, and/or removal of any materials on the Site, including listings and
pending sales. Artisans Market, Inc. reserves the right and has absolute
discretion to remove, screen, or edit any content that violates these
provisions or is otherwise objectionable.
c. Disclosure of
Information.
Artisans Market, Inc. also reserves the right to report any activity that it
suspects violates any law or regulation to appropriate law enforcement
officials, regulators, or other third parties. In order to cooperate with
governmental requests, to protect Artisans Market, Inc.’s systems and
customers, or to ensure the integrity and operation of Artisans Market,
Inc.’s business and systems, Artisans Market, Inc. may access and disclose
any information it considers necessary or appropriate, including but not
limited to user contact details, IP addressing and traffic information,
usage history, and posted content.
15. Privacy. Read our privacy notice.
We may change the privacy notice in the future. You should check the privacy
notice frequently for changes. Unless otherwise authorized or consented, you
agree not to use any information regarding other participants accessible
from this Site or disclosed to you by Artisans Market, Inc., except to enter
into and complete transactions. You agree not to use any such information
for purposes of solicitation, advertising, unsolicited email or spamming,
harassment, invasion of privacy, or otherwise objectionable conduct.
16. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
ARTISANS MARKET,
INC. MAKES NO OTHER
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR
OPERATE WITHOUT ERROR.
c. THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR
SALE, LAWFUL TO SELL, OR THAT
SELLERS OR BUYERS WILL PERFORM AS PROMISED.
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ARTISANS MARKET, INC.
TO THE FULL EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, ARTISANS MARKET, INC. DISCLAIMS ANY AND ALL SUCH
WARRANTIES.
17. General Release. BECAUSE ARTISANS MARKET, INC. IS NOT INVOLVED IN TRANSACTIONS
BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE
ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASES ARTISANS
MARKET, INC. (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
18. Limitation of Liability.
ARTISANS MARKET,
INC. WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THE MEMBERSHIP AGREEMENT, THE SITE, THE SERVICES, THE
INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICES.
19. Applicable Law. The Site and the Services are arranged, sponsored, or managed by
Artisans Market, Inc. in the state of
Arizona, USA. The laws of the
state of Arizona govern this Membership Agreement and all of its terms and
conditions, without giving effect to any principles of conflicts of laws.
You agree that any action at law or in equity arising out of or relating to
these terms and conditions shall be submitted to confidential arbitration in
Phoenix, Arizona, except that, to the extent you have in any manner violated
or threatened to violate Artisans Market, Inc.'s intellectual property
rights, Artisans Market, Inc. may seek injunctive or other appropriate
relief in any state or federal court in the state of Arizona, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this agreement shall be joined to an arbitration involving
any other party subject to this agreement, whether through class arbitration
proceedings or otherwise.
20. Disputes. Because Artisans Market, Inc. is not involved in the actual
transaction between Sellers and Buyers and is not the agent of either for
any purpose, Artisans Market, Inc. will not be involved in resolving any
disputes between participants related to or arising out of any transaction.
Artisans Market, Inc. urges Sellers and Buyers to cooperate with each other
to resolve such disputes.
21. Your Grant. By entering into this Membership Agreement and listing an item,
you grant Artisans Market, Inc. nonexclusive, worldwide, royalty-free,
irrevocable right to exercise all copyright, trademark rights, and rights of
publicity over the material displayed in your listings (including
Storefronts) in any existing or future media, known or unknown, now or at
any later date. This grant shall be limited to Artisans Market, Inc.'s and
its affiliates' use of your materials in connection with the Site and the
Services, which may include advertising and promotion for the Site and the
Services. You represent and warrant that you own or otherwise control all of
the rights to the materials displayed in your listings (including
Storefronts), and that the use of such materials by Artisans Market, Inc.
and its affiliates will not infringe upon or violate the rights of any third
party.
22. Termination. Artisans Market, Inc., in its sole discretion, may terminate this
Membership Agreement, access to the Site or the Services, or fixed price
sales immediately without notice for any reason. Without limiting the
foregoing, if your Membership Agreement with Artisans Market, Inc. site that
may exist now or in the future is terminated, Artisans Market, Inc. may
terminate this Membership Agreement and your access to the Site and
Services. Similarly, your Membership Agreement with Artisans Market, Inc.
site that may exist now or in the future and your access to the site and
services may be terminated upon termination of this Membership Agreement.
23. General Provisions
a. Entire Agreement.
This Membership Agreement and the general terms and conditions of the Site,
including but not limited to the Privacy Notice and Conditions of Use,
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede and cancel all prior and contemporaneous
agreements, claims, representations, and understandings of the parties in
connection with the subject matter hereof.
b. No Agency; Third-Party
Beneficiary.
Artisans Market, Inc. is not the agent, fiduciary, trustee, or other
representative of you. Nothing expressed or mentioned in or implied from
this Membership Agreement is intended or shall be construed to give to any
person other than the parties hereto any legal or equitable right, remedy,
or claim under or in respect to this Membership Agreement. This Membership
Agreement and all of the representations, warranties, covenants, conditions,
and provisions hereof are intended to be and are for the sole and exclusive
benefit of Artisans Market, Inc., you, and relying Buyers or Sellers.
c. Severability.
If any provision of this Membership Agreement shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.
d. No Waiver. We will not be considered to have waived any of our rights or
remedies described in this Membership Agreement unless the waiver is in
writing and signed by us. No delay or omission by us in exercising our
rights or remedies will impair or be construed as a waiver. Any single or
partial exercise of a right or remedy will not preclude further exercise of
any other right or remedy. Artisans Market, Inc.'s failure to enforce the
strict performance of any provision of this Membership Agreement will not
constitute a waiver of Artisans Market, Inc.'s right to subsequently enforce
such provision or any other provisions of this Membership Agreement.
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