Terms of service
TERMS OF SERVICE
Last Updated: May 1, 2022
These Terms of Service ("Terms") apply to your use of and the purchase and sale of products through the marketplace on GeekMarket (the "Marketplace"), which is provided and hosted by Metaccountant Inc. d/b/a Marketbase, a Delaware corporation (" Marketbase", "us", "we" or "our" as the context may require) on behalf of BoardGameGeek (the "Company").
The Marketplace is offered and available to users who are 18 years of age or older (or have reached the age of majority where they reside). Minors under 18 and at least 13 years of age are only permitted to use the Marketplace through an account owned by a parent or legal guardian with their permission and under their direct supervision. By registering for an account on the Marketplace, you represent and warrant that you are of legal age to form a binding contract. If you are registering on behalf of a business (corporation, organization or other legal entity), you represent that you have the authority to enter into these Terms and legally bind the user. If you do not meet these requirements, you must not access or use the Marketplace.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Marketplace thereafter.
Your continued use of the Marketplace following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The Marketplace is an online consumer-to-consumer marketplace that allows registered users to offer, sell and purchase goods from other registered users. The Marketplace is hosted by Marketbase, and managed by the Company and Marketbase. You must have an internet connection to access and use the Marketplace. Please note that Marketbase does not sell or purchase any goods listed on the Marketplace.
Marketbase cannot guarantee that a user will complete a transaction or guarantee the true identity, age, or nationality of a user. We encourage you to communicate directly with potential transaction partners through the tools available through your Marketplace account or use other services for user verification. Additionally, as a consumer-to-consumer venue, Marketbase cannot and does not provide any warranties as to the existence, legality, quality, safety, fitness or merchantability of any items sold by any user of the Marketplace.
You acknowledge and agree that the Marketplace is venue for consumer-to-consumer sales and Marketbase is not responsible or liable for any content, including without limitation text, information, usernames, graphics, images, audio, videos, and links posted by you, other users or third parties. YOUR USE OF THE MARKETPLACE IS AT YOUR OWN RISK.
The Company may have user guidelines and rules relating to use of the Marketplace. Contact the Company directly at email@example.com for more information.
Accessing the Marketplace and Account Security
We reserve the right to withdraw or amend any services or functions of the Marketplace, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Marketplace is unavailable at any time or for any period.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Marketplace or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Fees and Payment Policy
Creating an account on the Marketplace is free. However, a percentage fee will be charged for each transaction carried out on the Marketplace. By using the Marketplace, you agree to our Payment Policy, which is outlined below and subject to change.
Sale Transactions will take place via Marketbase's third party payment provider. A list of accepted forms of payment will be provided when making a purchase. In order to list items for sale, you must connect a Stripe merchant account to your Marketplace account in order to receive proceeds from the sale.
Except for Oregon and Montana, all U.S. states have enacted marketplace facilitator tax laws that require Marketbase to collect sales tax on sales that occur on the Marketplace. All applicable sales taxes will be reflected as a separate line item on each purchase receipt and it is the buyer's responsibility to pay all taxes due. Aside from the limited circumstances set forth above, you are responsible for collecting and paying any taxes associated with using and making sales through the Marketplace. Marketbase will issue 1099-K forms to certain sellers to comply with IRS and state requirements, as needed. Contact Marketbase at firstname.lastname@example.org for more information.
Sellers are obligated to resolve any disputes with other users that are a result of purchases or sales of goods, including after termination or suspension of your Marketplace account. Funds may be held for up to 180 days to seek reimbursement from a seller in any of the following circumstances: (a) when we provide a refund to a buyer because a seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) when we discover erroneous or duplicate transactions related to a seller; or (c) when we receive a chargeback or payment reversal from a buyer's payment instrument issuer for the amount of a buyer's purchase from a seller. We may obtain reimbursement of any amounts owed by a seller to Marketbase by charging any of the seller's payment Instrument(s) on file with the Marketplace or seeking reimbursement by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
Returns and Refunds
A buyer can request a return within seven (7) days of confirmed delivery if:
- the item received is substantially different from that described in the listing.
- the item is damaged or defective.
- the wrong item was received.
- the item is potentially counterfeit.
Except as provided above, no seller is required to approve a return. To request a return, contact the seller directly.
If a return is approved, Marketbase will refund the purchase price, less the original shipping and handling costs, provided such return is made within 30 days of approval by the seller with valid proof of purchase and provided such products are returned in their original condition. No returns of any type will be accepted without prior approval of the seller.
Returns are reviewed on a case by case basis. Depending on the reason for the return, buyers or sellers may be responsible for shipping and handling charges on returned items and bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately three business days of the seller's receipt of your merchandise. Marketbase will refund the buyer to the original form of payment.
If you have an issue with a purchase, the seller generally will be able to solve it for you. However, if after 3 business days the seller hasn't been able to resolve your problem, you can ask us to step in and help. For questions regarding billing, returns, refunds and chargebacks, contact the Marketbase at email@example.com.
Shipping and Handling
Sellers are responsible for the shipment of all items sold on the Marketplace to buyers. Users are required to comply with the Company's rules and guidelines for shipping and handling. Marketbase is not liable for unshipped, late, damaged or lost packages.
Marketbase and the Company provide technical and customer support services with respect to the Marketplace from 9AM to 5PM PT Monday thru Friday (excluding U.S. holidays) via email at firstname.lastname@example.org.
Please note that if the Company suspends your account on its website for any reason, your access to and use of the Marketplace will also be suspended.
You may use the Marketplace only for lawful purposes and in accordance with these Terms. You agree not to use the Marketplace:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate Marketbase, a Marketbase employee, the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Marketplace, or which, as determined by us, may harm Marketplace, the Company or users of the Marketplace, or expose them to liability.
Additionally, you agree not to:
- Use the Marketplace in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Marketplace or the Company's Website, including their ability to engage in real time activities through the Marketplace or Website.
- Use any robot, spider, or other automatic device, process, or means to access the Marketplace for any purpose, including monitoring or copying any of the material on the Marketplace.
- Use any manual process to monitor or copy any of the material on the Marketplace, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Marketplace.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Marketplace, the server on which the Marketplace is stored, or any server, computer, or database connected to the Marketplace.
- Attack the Marketplace via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Marketplace.
Listings and User Contributions
The Marketplace contains interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons items for sale and other materials and content via comments and feedback (collectively, " User Contributions").
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Marketplace, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Marketbase, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Marketplace.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Marketplace or the public, or could create liability for Marketbase.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Marketplace.
- Terminate or suspend your access to all or part of the Marketplace for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Marketplace. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS 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.
The Company reserves the right to review and approve listings. We do not undertake to review material before it is posted on the Marketplace, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions, including listings and product descriptions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us, the Company or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, you should notify Marketbase of your infringement claim in accordance with the procedure set forth below.
Marketbase will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (" DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company's Copyright Agent at email@example.com (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Marketplace.
- Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please be aware that if you knowingly materially misrepresent that material or activity on the Marketplace is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Marketplace includes content provided by third parties, including listings and content provided by the Company and third party buyers and sellers, as well as other information made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Marketplace, or by anyone who may be informed of any of its contents.
All statements and/or opinions expressed in User Contributions, including listings, and all articles and responses to questions and other content, other than the content provided by Marketbase, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Marketbase. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or the Company.
Changes to the Marketplace
We may update the content and/or functionality of the Marketplace from time to time. 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.
Information About You and Your Use of the Marketplace
Links from the Marketplace
If the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Marketplace, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The provider and operator of the Marketplace is based in the State of Delaware in the United States. We make no claims that the Marketplace or any of its content is accessible or appropriate outside of the United States. Access to the Marketplace may not be legal by certain persons or in certain countries. If you access the Marketplace from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Marketplace will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING THE COMPANY'S WEBSITES.
YOUR USE OF THE MARKETPLACE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE IS AT YOUR OWN RISK. THE MARKETPLACE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MARKETBASE NOR ANY PERSON ASSOCIATED WITH MARKETBASE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MARKETPLACE. WITHOUT LIMITING THE FOREGOING, NEITHER MARKETBASE NOR ANYONE ASSOCIATED WITH MARKETBASE REPRESENTS OR WARRANTS THAT THE MARKETPLACE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MARKETBASE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
As mentioned above, since the Marketplace is a consumer-to-consumer venue, Marketbase cannot and does not provide any warranties as to the existence, legality, quality, safety, fitness or merchantability of any items sold by any user of the Marketplace.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MARKETBASE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MARKETPLACE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MARKETPLACE OR SUCH OTHER WEBSITES, INCLUDING THE COMPANY'S WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Marketbase, its licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Marketplace, including, but not limited to, any use of the Marketplace's content and services other than as expressly authorized in these Terms, and use of any items, services or information obtained from the Marketplace.
Arbitration and Class Waiver; Governing Law
1. Pursuant to the Federal Arbitration Act (FAA), you and Marketbase agree that except as specifically provided in Paragraphs 3 and 6 below, all disputes of any nature whatsoever between you and Marketbase will be resolved by binding arbitration in accordance with the terms and procedures set forth below. Except as provided in Paragraphs 3 and 6 below, you and Marketbase each waive their rights to have any dispute between them decided by a court, judge or jury.
2. The arbitration will be conducted in accordance with the Commercial Arbitration Rules (" Rules") of the American Arbitration Association (the "AAA"), except that the provisions of this Agreement to Arbitrate Disputes will control and take precedence in the event of any conflict or inconsistency between the AAA Rules and this Agreement. The AAA Rules are available for review on the AAA's website at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf . The arbitrator will be a licensed attorney or retired judge with substantial experience in the law applicable to and underlying the dispute. Unless the parties otherwise agree, any hearing conducted in person as part of the arbitration will be held in the same county as Marketbases principal place of business.
3. All disputes between you and Marketbase will be resolved only on an individual basis. You and Marketbase each specifically agree that no dispute between them may be brought, heard, or arbitrated in any forum (whether as a judicial proceeding in court, as an administrative proceeding before an agency or other body, or in arbitration) as a class, collective, representative, or private attorney general action, and they further agree that neither you nor Marketbase may be a party or member in any such class, collective, or representative proceeding. The preceding sentence will hereafter be referred to as the "Class Action Waiver." Notwithstanding any other provision of these Terms and Conditions, any dispute regarding the validity, enforceability, or breach of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (a) the dispute is filed as a class, collective, representative, or private attorney general action and (b) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to some or all of the claims or causes of action brought or asserted, the class, collective, representative and/or private attorney general action must to that extent be litigated in a civil court of competent jurisdiction, but the claims or causes of action with respect to which the Class Action Waiver is enforceable shall be resolved on an individual basis in arbitration.
4. You and Marketbase will pay their own costs for the arbitration, including attorneys' fees, but the arbitrator may, in his or her final ruling, award the prevailing party some or all of its attorneys' fees. The arbitrator may issue orders allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving claims. Documents shall be exchanged in accordance with the AAA Rules, and each side shall be allowed to conduct at least three (3) depositions. The filing of dispositive motions shall be permitted in the arbitration and shall not be disfavored, and the standard for deciding such motions shall be the same as under the provisions of the Federal Rules of Civil Procedure governing such motions. Except as otherwise provided in the AAA Rules, the arbitrator may award all remedies to which a party is entitled under applicable law. The decision or award by the arbitrator will be in writing and will contain findings of fact and conclusions of law.
5. You or Marketbase may appeal the decision or award of the arbitrator pursuant to the AAA's Optional Appellate Arbitration Rules (" Appellate Rules"), and the decision or award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. The Appellate Rules are available for review on the AAA's website at https://www.adr.org/. Appeals must be initiated within thirty (30) days of receipt of the underlying decision or award, as provided in Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The members of the Appeal Tribunal will be licensed attorneys or retired judges with substantial experience in the law applicable to and underlying the dispute. You and Marketbase will each pay their own costs incurred in connection with any appeal, including attorneys' fees. The Appeal Tribunal may reallocate the fees and expenses of the appeal but only in accordance with applicable law that would have applied had the appeal been heard by an appellate court, as determined by the Appeal Tribunal. Following the appeal process, the decision rendered by the Appeal Tribunal may be entered as a final order in any court having jurisdiction.
6. Notwithstanding the provisions of these Terms and Conditions, either you or Marketbase may, pending the initiation or completion of arbitration, seek and obtain from a court of competent jurisdiction any provisional injunctive relief to which you or Marketbase would otherwise be entitled under applicable law (a) to enforce the other party's obligations of confidentiality, or (b) to protect your or Marketbase's intellectual property rights. The court and not the arbitrator will determine the court's right and jurisdiction to hear and to grant or deny any such request for provisional injunctive relief.
7. The FAA will govern any arbitration conducted between you and Marketbase. If the FAA is found not to apply, then the arbitration shall proceed under Delaware law. These Terms and Conditions and the rights and obligations of you and Marketbase shall be governed, construed, and interpreted in accordance with Delaware law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE MARKETPLACE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. '
Waiver and Severability
No waiver by Marketbase of any term or condition set out in these Terms 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 Marketbase to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
The Marketplace is hosted by Marketbase and managed by the Company.
All feedback, comments, requests for customer support, and other technical communications relating to the Marketplace should be directed to: firstname.lastname@example.org, or to the Company at email@example.com.