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MatchProduct’s Terms of Service Agreement

ACCEPTANCE OF TERMS


By using the MatchProduct.com website ("MatchProduct" or the “Site”), a service of Jacob Enterprises, Inc. (d/b/a: MatchProduct), you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Service” or the "Agreement"), including those available by hyperlink. Before you may become a member of MatchProduct, you must read and accept all the terms and conditions in, and linked to, the Agreement. This Agreement is effective upon acceptance for new users. MatchProduct’s terms of service may be updated from time to time without notice to you. To view the most recent version of our Terms of Service agreement, visit www.matchproduct.com and click the “Terms of Service” link at the bottom of any page.


DESCRIPTION OF SERVICE


MatchProduct provides users with a business-to-business marketplace to offer, sell, and buy products listed on and meeting MatchProduct listing requirements. MatchProduct does not pre-screen users or the content or information provided by users and does not control the transaction between buyers and sellers. Consequently, MatchProduct cannot control the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings or the ability of sellers to sell items or the ability of buyers to pay for items. You agree that MatchProduct is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on MatchProduct. You use the MatchProduct service at your own risk. You also understand and agree that the Service may include certain communications from MatchProduct, such as service announcements, administrative messages and newsletter, and that these communications are considered part of MatchProduct membership and you will not be able to opt out of receiving them.


USER REGISTRATION OBLIGATIONS


In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MatchProduct has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MatchProduct has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


MATCHPRODUCT PRIVACY POLICY


Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.matchproduct.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MatchProduct and its affiliates.


MEMBER ELIGIBILITY, ACCOUNT, PASSWORD AND SECURITY


Eligibility to list products for sale: You must be a legal business entity or individual inventor that has intellectual property rights to or owns products that are available for wholesale, license or acquisition and that meet MatchProduct’s “finished goods” requirement. Finished goods are defined as products that have inventory ready for sale or production samples that have been finished by a factory and are ready to be ordered or supplied to a buyer. Product or inventions that are in the concept or development stages, business ideas, services and methods are NOT eligible. Individual inventors are permitted to list inventions as long as they have met the “finished goods” requirement outlined above.


Eligibility to receive product eAlerts: You must be a legal business entity seeking products for wholesale, license or acquisition. Individuals are not eligible.


Password: You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MatchProduct of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MatchProduct cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.


Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.


Account Transfer: You may not transfer or sell your MatchProduct account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.


Right to Refuse Service: MatchProduct reserves the right, in MatchProduct’s sole discretion, to cancel unconfirmed or inactive accounts. MatchProduct reserves the right to refuse service to anyone, for any reason, at any time. Individuals seeking to use MatchProduct that do not meet the finished goods requirement will be deactivated.


FEES AND TERMINATION:


MatchProduct is a Free service. You may list as many products as you want at no cost. MatchProduct does ask for a commission from the seller if and when we are successful in facilitating the product[s] sale/license. Upon registering as a user, you will have the ability to list products, at which time, you will be prompted to review and approve our standard commission agreement for the specfic product listed (View Commission Agreement). Our commission agreement does NOT lock up your product, which means we are only eligible for commissions on transactions that we were responsible for generateing. You will have final say on accepting any sales opportunities that are generated for your company. As a result, MatchProduct becomes a RISK FREE opportunity to find buyers for your products. Note, if your account is terminated for any reason subsequent to accepting sales opportunities from MatchProduct, you remain obligated to pay MatchProduct for all commissions.


LISTING AND SELLING


Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with MatchProduct’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your MatchProduct listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate sub-categories and keywords, if applicable. Each listing must accurately and completely describe the item/items for sale in that listing.


PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES


You are solely responsible for your conduct and activities on and regarding to MatchProduct and any and all data, text, information, usernames, graphics, images, photographs, and items (together, “Content”) that you submit, post, and display on MatchProduct.


Restricted Activities: Your Content and your use of MatchProduct shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Knowingly infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  • Violate this Agreement, the Match Product listing requirements, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MatchProduct staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Be obscene or contain pornography
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Host images not part of a listing
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy or other policy documents as posted on MatchProduct.


CONTENT


License: MatchProduct does not claim ownership rights in your Content. You grant MatchProduct a license solely to enable MatchProduct to use any information or Content you supply MatchProduct with, so that MatchProduct is not violating any rights you might have in that Content. You grant MatchProduct a non-exclusive, worldwide, perpetual, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow MatchProduct to store or re-format your Content on MatchProduct and display your Content on MatchProduct and affiliated websites in any way as MatchProduct chooses. MatchProduct will only use personal information in accordance with MatchProduct's Privacy Policy. As part of a transaction, MatchProduct may supply you with personal information, including email address and shipping information, of another MatchProduct user (or conversely MatchProduct may supply your information to another user solely for the purpose of selling your products). Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MatchProduct-related communications. MatchProduct has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any MatchProduct user to your email or physical mail list. For more information, see MatchProduct’s Privacy Policy.


Re-Posting Content: By posting Content on MatchProduct, it is possible for an outside website or a third party to re-post that Content. You agree to hold MatchProduct harmless for any dispute concerning this use. If you choose to display your own MatchProduct-hosted image on another website, the image must provide a link back to its listing page on MatchProduct.


INFORMATION CONTROL


MatchProduct does not control the Content provided by users that is made available on MatchProduct. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with businesses or individuals acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using MatchProduct, you agree to accept such risks and that MatchProduct (and MatchProduct’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on MatchProduct. Please use caution, common sense, and practice safe buying and selling when using MatchProduct.


RESOLUTION OF DISPUTES AND RELEASE


In the event a dispute arises between you and MatchProduct, please contact MatchProduct. Should you have a dispute with one or more users, or an outside party, you release MatchProduct (and MatchProduct's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. MatchProduct encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. MatchProduct, for the benefit of users, may try to help users resolve disputes. MatchProduct does so in MatchProduct’s sole discretion, and MatchProduct has no obligation to resolve disputes between users or between users and outside parties. To the extent that MatchProduct attempts to resolve a dispute, MatchProduct will do so in good faith based solely on MatchProduct’s policies. MatchProduct will not make judgments regarding legal issues or claims.


MATCHPRODUCT'S INTELLECTUAL PROPERTY


MatchProduct, and other MatchProduct graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of MatchProduct, Inc. in the U.S. and/or other countries. MatchProduct's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.


ACCESS AND INTERFERENCE


MatchProduct may contain robot exclusion headers which contain internal rules for software usage. Much of the information on MatchProduct is updated on a real-time basis and is proprietary or is licensed to MatchProduct by MatchProduct's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access MatchProduct for any purpose without MatchProduct’s prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, in MatchProduct’s sole discretion, an unreasonable or disproportionately large load on MatchProduct’s infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any user from the Site without the prior expressed written permission of MatchProduct and the appropriate third party, as applicable
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  • Bypass MatchProduct’s robot exclusion headers or other measures MatchProduct may use to prevent or restrict access to MatchProduct

BREACH


Without limiting any other remedies, MatchProduct may, without notice, and without delay may immediately remove Content, warn MatchProduct’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: MatchProduct suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; MatchProduct is unable to verify or authenticate any of the user’s personal information or Content; Or MatchProduct believes that a user is acting inconsistently with the letter or spirit of MatchProduct’s policies, has engaged in improper or fraudulent activity in connection with MatchProduct or the actions may cause legal liability or financial loss to MatchProduct's users or to MatchProduct.


PRIVACY


Except as provided in MatchProduct’s Privacy Policy or stated above, MatchProduct will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. MatchProduct stores and processes content on computers located in the United States that are protected by physical as well as technological security.


NO WARRANTY


MATCHPRODUCT, MATCHPRODUCT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MATCHPRODUCT'S SUPPLIERS PROVIDE MATCHPRODUCT'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MATCHPRODUCT, MATCHPRODUCT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MATCHPRODUCT'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MATCHPRODUCT SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


LIABIITY LIMIT


IN NO EVENT SHALL MATCHPRODUCT, AND (AS APPLICABLE) MATCHPRODUCT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MATCHPRODUCT'S SUPPLIERS BE LIABLE FOR ANY 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 SITE, MATCHPRODUCT’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MATCHPRODUCT'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MATCHPRODUCT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MATCHPRODUCT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


INDEMNITY


YOU AGREE TO INDEMNIFY AND HOLD MATCHPRODUCT AND (AS APPLICABLE) MATCHPRODUCT'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.


NO GUARANTY


MatchProduct does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MatchProduct’s control.


LEGAL COMPLIANCE


You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of MatchProduct’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.


SEVERABILITY


If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.


NO AGENCY


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


MATCHPRODUCT SERVICE


MatchProduct reserves the right to modify or terminate the MatchProduct service for any reason, without notice, at any time. MatchProduct reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, MatchProduct will notify you via email to the email address in your account. What constitutes a "material change" will be determined at MatchProduct's sole discretion, in good faith, and using common sense and reasonable judgment.


CHOICE OF LAW


This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Pennsylvania and disputes arising under this Agreement will be adjudicated by the courts of the State of Pennsylvania.


NOTICES


Except as explicitly stated otherwise, any notices shall be sent by postal mail to Attn: MatchProduct, 275 Center Road, Suite 105, Monroeville, PA 15146-1451 or, to the email address you provide to MatchProduct (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, MatchProduct may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MatchProduct. In such case, notice shall be deemed given three days after the date of mailing.


DISCLOSURES


The services hereunder are offered by MatchProduct, located at 275 Center Road, Suite 105, Monroeville, PA 15146.

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