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Terms of Use

Welcome! This document lays out the Terms of Use (“Terms”) for accessing Good Market’s website, platform, and any applications, software, products, APIs, or content provided or made available by Good Market (collectively referred to as “Services”). 

 

These Terms were developed to protect the Good Market digital commons as a shared not-for-profit resource.

 

1. Accepting These Terms

The Terms are a legally binding contract between you and Good Market. By accessing, browsing, or otherwise using or interacting with any Good Market services, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use the Services.

 

You acknowledge and agree that you have read, understood, and agree to be legally bound, where permitted by law, by these Terms, including the policies listed below and incorporated by reference into these Terms:

All of these policies are part of the Terms.

 

ARBITRATION NOTICE: PLEASE NOTE THAT SECTION 9 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS MEANS THAT TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTES WITH GOOD MARKET EXCLUSIVELY THROUGH MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, HAVE A TRIAL BY JURY, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.  PLEASE READ SECTION 9 CAREFULLY FOR MORE INFORMATION AS IT MAY AFFECT YOUR RIGHTS.

 

2. Your Account

You’ll need to create an account with Good Market to use some of the Services. Here are a few rules about Good Market accounts:

 

2.1 Account Name

Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

 

2.2 Account Responsibility

You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person registered on the account will ultimately be responsible for all activity, including any purchases. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

 

2.3 Eligibility

You must be at least 18 years of age to use the Services. If you are under 18 years old (or the age of majority where you are located), you may only use the Services through an account owned by a parent or legal guardian with their appropriate permission under their direct supervision. You are responsible for any and all account activity conducted on your account.

 

2.4 Password

You are responsible for protecting your password. Since you are responsible for any activity on your account, it’s important to keep your account password secure.

 

2.5 Relationship

These terms do not create any partnership, employee, or franchisee relationship between you and Good Market.

 

3. Your Content

Content that you post using the Services (enterprise details, profile photos, listing images, listing descriptions, comments, etc.) is your content (“Your Content”).

 

3.1 Responsibility

You understand that you are solely responsible for Your Content. You confirm that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

 

3.2 Rights Granted

By posting or submitting Your Content through the Services, you represent and warrant that Your Content conforms to these Terms and that you own or have the necessary rights and permissions contained in the content, and grant Good Market, and any Good Market networks you participate in, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, translate, reproduce, distribute, store, and prepare derivative works of Your Content, and hold Good Market harmless for any claims or expenses arising out of or in connection with our use thereof. Good Market does not claim any ownership of Your Content, but we have your permission to use it to promote your enterprise, networks, and the Good Market commons.

 

3.3 Reporting

If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the flagging process, send a help chat message, or send an email to hello@infogm.goodmarket.global.

 

3.4 Not Permitted

You agree not to post any content that is false, misleading, abusive, libelous, threatening, defamatory, offensive, violates the Community Policy or Marketplace Policy, or poses a privacy or security risk to others.

 

3.5 Removal

If Your Content is alleged to infringe another person’s intellectual property, is false, misleading, or violates the Terms, it may be unpublished or removed. If an account is a repeat offender or makes an intentionally misleading or false claim, the account may be terminated, Good Market Approved status may be lost, and the false claim may be highlighted publicly. Good Market will send a notification if any of these actions are taken.

 

4. Your Use of Good Market Services

Good Market grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services subject to the Terms and the following restrictions in particular.

 

4.1 Legal Compliance

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. It is your responsibility to obtain any required permits, licenses, or approvals and meet applicable legal requirements in applicable jurisdiction(s). You may not sell anything that violates any laws or sanctions, you may not engage in fraud including false claims, theft, anti-competitive conduct, threatful conduct, or any other unlawful acts or crimes.

 

4.2 Payments

You are responsible for paying all Good Market fees and for collecting and/or paying any applicable taxes for any purchases or sales you make through the Services. Where applicable, Good Market will calculate, collect, and remit value-added tax, goods and services tax, or other local sales taxes. This information is included in relevant orders in your account. To the extent you choose to make a payment, donate, or engage in other transactions, you agree that all details you provide will be correct, including ownership of any payment method, and that Good Market may validate your payment details before processing any payments and transactions.

 

4.3 Contributions

Good Market is a shared resource that has been developed through the suggestions, ideas, and co-creative investment of its members. You acknowledge and agree that questions, comments, suggestions, ideas, feedback, or other information you provide about the Services are non-confidential and non-proprietary, and that you have no expectation of review, compensation, or consideration of any type. You grant a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without acknowledgment or compensation.

 

4.4 Unauthorized Use

You agree not to harvest or collect contact information of other users for the purposes of sending unsolicited communications. You agree not to crawl, scrape, or spider any page of the Services. You agree not to reverse engineer or attempt to obtain the source code of the Services. Data mining, data harvesting, and data extracting are not permitted. If you want to access data or code, contact hello@infogm.goodmarket.global to discuss opportunities for developers.

 

4.5 Damage

You agree not to interfere with, disrupt, or try to damage Good Market Services, or in any way interfere with any person’s use or enjoyment of the Services, including, for example by distributing or introducing a virus or other harmful component, excessive requests, or harmful computer code.

 

4.6 Trademarks

The name Good Market and other marks and logos used in connection with the Services are Good Market property and are trademarks, logos, and service marks of Good Market in the United States and other countries. If you would like to use the Good Market name or trademark, you agree to follow the Brand and Logo Policy and comply with all applicable copyright and trademark laws. Good Market reserves the right to revoke your ability to use these trademarks, logos, or service marks at its sole discretion.

 

4.7 Electronic Communications

From time to time, Good Market will provide certain legal information in writing. By using Good Market Services, you’re agreeing to electronic communication, which means information can be sent electronically instead of by mailing paper copies and that your electronic agreement is the same as your signature on paper.

 

5. Termination

You may terminate your account at any time by sending a help chat message or contacting hello@infogm.goodmarket.global.

 

Good Market may suspend or terminate your account and your access to the Services at anytime at its sole discretion, including if there is reason to believe you, Your Content, or your use of Services violates the Terms. You understand that you don’t have a contractual or legal right to continue to use the Services and Good Market will not be liable to you or any third party for any termination of your access to the Service.

 

If you or Good Market terminate your account, you may lose any information associated with your account, including Your Content.

 

Good Market operates as a digital commons and is committed to including the community in decisions that affect use of Services but reserves the right to change, suspend, or discontinue any of the Services for any or all users, at any time, for any reason. Good Market will not be liable to you or to any third party for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

 

The Terms will remain in effect even after your access to the Services is terminated or your use of the Services ends.

 

6. Warranties and Limitation of Liability

Purchases

You understand that Good Market does not manufacture, store, or inspect any of the items sold through the Services. Items in the marketplaces are produced, listed, and sold directly by independent sellers, so Good Market cannot and does not make any warranties about their quality, safety, authenticity, or legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Good Market from any claims related to items sold through the Services, including for defective items, misrepresentations by sellers, or items that caused physical injury like product liability claims.

 

Content

You understand that Good Market is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release Good Market from all liability relating to content.

 

Interactions

You can use the Services to interact with other individuals, either online or in person, but you release Good Market from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 

 

Third-Party Services

Good Market Services may contain links to third-party websites or services that Good Market does not own or control, and you may also choose to use a third party’s product or service in order to access or use some Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and/or privacy policy. Good Market is not a party to those agreements; they are solely between you and the third party. You agree that Good Market will not be responsible or liable for any damage, loss, or other claim that you may have against any such third party.

 

Gift Cards

You acknowledge that Good Market does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen or is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.

Warranties

Good Market is dedicated to making Services the best they can be but sometimes things can go wrong. You understand that Services are provided on an “as is” and “as available” basis. Good Market disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

Good Market does not guarantee that (1) the Services will meet your requirements (2) the Services will be accurate, reliable, secure, or available at any particular time or location, (3) any defects or errors will be corrected, (4) the Services will be free of viruses or other harmful materials, or (5) the results of using the Services will meet your expectations. You use the Services solely at your own risk.

 

Liability Limits

You understand and agree that Good Market  (including any employees, officers, directors, agents, and affiliates) will not be liable for any lost profits or revenues or for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Services or these Terms. In no event will Good Market’s total liability to you for all damages exceed the amount you have paid Good Market in the past 6 months, or, if greater, 100 US dollars. Some jurisdictions do not allow limitations on incidental or consequential damages, so in such jurisdictions the above limitations apply to the greatest extent permitted by law. If any portion of this section is held to be invalid under the laws of any state, the invalidity of such portion shall not affect the validity of the remaining portion.  

 

If you are dissatisfied with any aspect of the Services or these Terms, your sole and exclusive remedy is to discontinue use of the Services.

7. Indemnification

If Good Market gets sued or receives a claim, notice, or demand because of something that you did or failed to do, you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Good Market (including any employees, officers, directors, agents, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind, including reasonable attorneys’ fees, that arises from your actions, your use or misuse of Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. Good Market reserves the right to handle any legal defense, in which case, you agree to cooperate to execute the strategy. 

 

8. Disputes with Other Users

You agree that you are solely responsible for your interactions with any other user of Good Market Services. You release Good Market from any claims, demands, and damages arising out of disputes with other users or third parties.

 

If you find yourself in a dispute with another user of Good Market Services or a third party, you are encouraged to contact the other party and try to resolve the dispute amicably. Good Market may attempt to help you resolve disputes in good faith but will not make judgments or determinations regarding legal issues or claims. Good Market has no obligation to resolve or to assist in resolving any disputes.

 

9. Arbitration Agreement and Class Action Waiver

Good Market is always interested in resolving disputes amicably and efficiently. Most concerns can be resolved quickly by contacting hello@infogm.goodmarket.global. If these efforts are unsuccessful, you and Good Market (including any employees, officers, directors, agents, and affiliates) agree to submit disputes exclusively to binding individual arbitration by a neutral arbitrator

 

This Section is referred to in these Terms as the “Arbitration Agreement.” Please read this Section carefully, as it affects your rights.

 

9.1 Disputes that We’ll Arbitrate

 

You and Good Market agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by Good Market or its users. The exception is that you and Good Market may each (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other disputes must be arbitrated, which means you and Good Market are each waiving your right to sue in court and have a court or jury trial.

 

9.2 Class and Representative Action Waiver

 

You and Good Market agree to bring claims against the other only on an individual basis, and not on a class, representative, or collective basis and waive any right we have to bring such claims. We each may only seek or obtain individualized relief, and disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this Section 9.2 is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court but only after the arbitrator issues an award on the arbitrable claims and remedies.

 

9.3 Informal Dispute Resolution

 

Before filing an arbitration, you and Good Market will try in good faith to resolve any dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to hello@infogm.goodmarket.global that includes your full name, phone number, email address for your account, enterprise name (if applicable), a description of the dispute and how you’d like it resolved. If Good Market has a dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. 

 

Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims (“Informal Resolution Period”). If either side requests a settlement conference during this period, then you and Good Market must cooperate to schedule that meeting by phone or videoconference. You and Good Market each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. The Informal Resolution Period extends from the date the completed Notice of Dispute is received to after a timely requested settlement conference is completed or 60 days, whichever is later. If the claim is not resolved during the Informal Resolution Period, you or Good Market may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Good Market shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Good Market is entitled.

 

9.4 Arbitration Rules and Procedures

 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page https://www.adr.org. To the extent there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of the Arbitration Agreement will control.

 

To initiate arbitration, either you or Good Market must file an arbitration demand with the AAA. You may serve Good Market with any arbitration demand by mail to Good Market, 9820 North Central Avenue, Unit 325, Phoenix, AZ 85020, United States. If Good Market has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section 9, you and Good Market will select another provider, and if we can’t agree, a court will choose the provider.

 

The arbitration will be conducted in the English language by a single neutral arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA.

 

The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. If you are using the Services as a business and either your or Good Market’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment / compromise and fee-shifting rules in the same way as a court would.

 

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 9 Arbitration Agreement, and either party’s compliance with Section 9.3 (Informal Dispute Resolution). The arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and Good Market. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

9.5 Arbitration Fees

 

Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules.

 

9.6 Future Changes to the Arbitration Agreement

 

Good Market will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing hello@infogm.goodmarket.global within 30 days after you receive notice, including your name, email address associated with your account, and your enterprise account name(s). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and Good Market, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.

 

9.7 Choice of Law and Forum 

 

Good Market is registered as a not-for-profit in Arizona, so if there are claims between you and Good Market that aren’t subject to arbitration, you and Good Market each agree to litigate those claims exclusively in state or federal court in Maricopa County, Arizona, and to submit to the personal jurisdiction of those courts. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by Arizona law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act).

 

If a dispute arises, we encourage you to contact hello@infogm.goodmarket.global to seek a resolution. 

 

10. Changes to the Terms

Good Market may update or terminate these Terms at any time and at its sole discretion, including by adding entirely new terms and deleting existing terms. Your continued use of Services constitutes acceptance of these Terms, and is subject to the most current version of these Terms, which is effective upon the date of posting. 

 

11. General

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Good Market regarding the Services. Except as provided in Section 9, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Failure to enforce any part of the Terms is not a waiver of the right to later enforce that or any other part of the Terms. Good Market may assign any rights and obligations under the Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

12. Contact Information

If you have any questions about the Terms, please email hello@infogm.goodmarket.global.

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