NEPA Marketplace Merchant User Agreement #
This Merchant User Agreement (“Agreement”) is entered into between NEPA Marketplace (referred to as “we,” “our,” or “us”) and the individual or entity (referred to as “Merchant” or “you”) that wishes to become a registered merchant on the NEPA Marketplace website located at https://www.nepamarket.place (the “Site”). By registering as a merchant and using the Site, you agree to be bound by the terms and conditions of this Agreement.
Membership available only to individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended NEPA Marketplace members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use this website. Merchant eligibility is limited to those sellers who reside within the state of Pennsylvania (specifically Northeastern Pennsylvania, NEPA) and adhere to our product guidelines as outlined within this document.
NEPA Marketplace Ownership and Licenses, Copyright, and Restrictions #
Ownership: NEPA Marketplace retains all rights, title, and interest in and to the Site, including but not limited to all software, technology, logos, trademarks, service marks, trade names, databases, and content provided on or through the Site. You acknowledge that the Site and its components are protected by copyright, trademark, and other laws.
License: Subject to your compliance with this Agreement, NEPA Marketplace grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for the purpose of listing and selling your Products as a registered merchant on the Site. This license does not permit you to resell or make any commercial use of the Site or its contents; collect, copy, or distribute content or listings; or use any data mining, robots, or similar data gathering and extraction tools without our express written consent.
Copyright: You retain all copyright and other intellectual property rights in and to the Content you provide for your Product listings. By submitting Content to the Site, you grant NEPA Marketplace a non-exclusive, worldwide, royalty-free license to use, display, and reproduce your Content on the Site for the purpose of promoting and selling your Products. You represent and warrant that you have the necessary rights and permissions to use and provide the Content you upload to the Site.
Restrictions:
You agree not to:
- Use the Site or any Content for any purpose that is illegal or prohibited by this Agreement.
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Site or its components.
- Attempt to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
- Use any automated means or bots to interact with the Site or access its features, including but not limited to scraping, data mining, or data extraction.
- Remove or modify any copyright, trademark, or other proprietary rights notice on the Site or any Content.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Violate any applicable laws or regulations.
Enforcement: NEPA Marketplace reserves the right to enforce these ownership, license, copyright, and restriction provisions at its discretion, including taking legal action if necessary, to protect its rights and the integrity of the Site.
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The following section outlines NEPA Marketplace’s ownership, licensing terms, copyright policies, and restrictions for merchants using the site. It emphasizes the importance of complying with these terms and respecting intellectual property rights. Merchants should review and adhere to these provisions to ensure responsible use of the platform.Merchant Registration #
To become a registered merchant on NEPA Marketplace, you must provide accurate and complete information during the registration process.
You are responsible for maintaining the security of your Merchant Account login credentials.
Product Listings #
You may list Products for sale on the Site subject to our approval.
You agree to provide accurate and up-to-date information regarding your Products, including descriptions, prices, and availability.
You are solely responsible for the accuracy and legality of the Content you provide in your Product listings.
Unless granted an exception by NEPA Marketplace, this website requires all seller accounts to provide a valid credit or debit card for the purposes of verification of their identity, and for payment of fees and services rendered.
You are responsible for paying all fees associated with using NEPA Marketplace service. To be an active seller on NEPA Marketplace you will be required to have an active Seller Plan subscription.
The fees for the Seller Plan subscriptions are automatically deducted from your provided credit card and may be terminated at any time.
NEPA Marketplace applies a transaction fee to the products that are sold on this website. This fee is calculated on the product price of the item(s) sold, this fee does not apply to the sales taxes or shipping fees.
NEPA Marketplace utilizes Stripe as a payment processor. These third-party processors calculate fees on the total amount of a transaction and follow independent fee structures. Please visit their website for more details: Stripe.
Merchant Obligations #
All sales are binding. If you, as a seller, receive an order and you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance that is communicated and acceptable for the buyer.
Each individual merchant on NEPA Marketplace is required to set their own shop policies. Each shop owner is responsible to establish policies regarding refunds and returns.
Fees and Payment Terms #
NEPA Marketplace will deduct a Commission from each completed transaction, as detailed in our Fee Schedule available on the Site.
You agree to pay all applicable fees and commissions promptly, in accordance with our payment processing procedures.
We reserve the right to update our fee structure and payment terms, and you will be notified of any changes via email or by posting a notice on the Site.
Fee Schedule
PLAN | Listing Fee | Transaction Fee |
---|---|---|
STARTUP | FREE | 9.5% |
PRO | FREE | 6.5% |
PRO+ | FREE | 6.5% |
Credit Card Processing FEE For All Plans 2.9% + .30¢
Taxes #
You are solely responsible for determining, collecting, and remitting any applicable taxes (including sales tax, value-added tax, or other similar taxes) associated with the sale of your Products to Buyers.
NEPA Marketplace is not responsible for calculating or collecting any taxes on your behalf.
Content and Intellectual Property #
You grant NEPA Marketplace a non-exclusive, worldwide, royalty-free license to use, display, and reproduce your Content on the Site for the purpose of promoting and selling your Products.
You represent and warrant that you have the necessary rights and permissions to use and provide the Content you upload to the Site.
Disclaimer of Warranties #
NEPA Marketplace makes no representations or warranties of any kind, express or implied, regarding the Site or the Products listed on the Site, including but not limited to the accuracy, reliability, or fitness for a particular purpose.
Limitation of Liability #
NEPA Marketplace shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of the Site or any Products purchased through the Site.
Indemnity #
You agree to indemnify, defend, and hold NEPA Marketplace harmless from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site, your breach of this Agreement, or any violation of applicable laws.
Intellectual Property Indemnification:
Representation and Warranty: a. The Seller represents and warrants that all products listed on the Marketplace do not infringe upon the intellectual property rights, including but not limited to copyrights, trademarks, and patents, of any third party. b. The Seller further represents and warrants that they have the legal right and authority to sell the listed products.
Indemnification: a. The Seller agrees to indemnify and hold NEPA Marketplace its affiliates, officers, directors, employees, and agents harmless from any claims, demands, losses, costs, expenses, damages, or liabilities, including reasonable attorney fees, arising out of or related to any alleged or actual infringement of intellectual property rights by the products sold on the Marketplace.
Notification: a. The Seller agrees to promptly notify NEPA Marketplace of any claims or threats of claims related to intellectual property infringement arising from the listed products.
Defense and Settlement: a. NEPA Marketplace reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Seller. The Seller agrees to cooperate fully in the defense of any such claims.
Remedies: a. In the event of a breach of the representations and warranties under this section, NEPA Marketplace reserves the right to take appropriate action, including but not limited to the removal of the infringing products from the Marketplace and termination of the Seller’s account.
Suspension and Termination #
NEPA Marketplace reserves the right to suspend or terminate your Merchant Account at our discretion for violations of this Agreement or any applicable laws.
You may terminate your Merchant Account at any time by contacting NEPA Marketplace customer support.
Rights Upon Termination #
Upon termination of your Merchant Account, your access to the Site will be disabled, and your listings will be removed.
Any outstanding fees or commissions owed to NEPA Marketplace must be settled upon termination.
Prohibited Products & Services #
You agree not to publish, offer for sale, sell, or otherwise distribute any of the following items on, through, or connected with Your Store or through any App:
- Blood, bodily fluids, antibodies, body parts, and items derived from such things;
- Burglary tools and surveillance equipment;
- Counterfeit items;
- Content or material that is infringing or otherwise violates rights of publicity, privacy, or proprietary rights, including: music; movies; e-books; games; videos; photographs and software that You do not own or have permission to use;
- Illegal drugs and drug paraphernalia and substances designed to mimic illegal drugs;
- Tobacco products;
- E-cigarettes and smokeless tobacco products;
- Fireworks, destructive devices, explosives, and hazardous materials;
- Identity documents, government documents, personal financial records, or personal information (in any form, including mailing lists and doxing);
- Lottery tickets, raffle, opportunity drawing and sweepstakes entries, slot machines, or similar gambling devices and products;
- Obscene material;
- Child pornography;
- Offensive material;
- Hate speech; including, but not limited to, speech that is harmful to others, or that is or promotes racism, sexism, transphobia, homophobia, xenophobia, white supremacism, fascism, or white nationalism;
- Products or content glorifying guns, gun culture, violence, illegal activity, self-harm, or policing;
- Products or content associated with hate groups or depicting white supremacist, fascist, or white nationalist symbols or phrases, including, but not limited to, the Confederate battle flag, racial slurs, and messages supporting organizations or political candidates that support or espouse such beliefs or ideologies;
- Unwashed clothing and bedding and previously used cosmetics; see restricted items for washed used clothing and bedding and unused cosmetics;
- Police badges or uniforms;
- Prescription drugs, steroids, items containing pseudoephedrine, and medical devices;
- Chemicals, serums, toxins, and similar items;
- Pets, animals, and wildlife products;
- Recalled items;
- Products and services that violate any law, statute, ordinance, regulation, or third-party prohibition;
- Stocks or other securities;
- Code or similar automatic items, programs, or processes, such as automated software, data mining software, scrapers, bots, and automatic checkout “add to cart” services;
- Online and social media activity, such as selling likes, views, followers, and subscriptions;
- Weapons and other related items, including, without limitation, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, and switchblade knives;
- Products or content promoting prohibited medical claims, such as anti-vaccine items;
- Stolen property, including digital and virtual goods; or
- Any product or service that is illegal, violates the rights of others or is marketed or sold in such a way as to create liability for NEPA Marketplace.
Changes to the Agreement #
NEPA Marketplace may update this Agreement at any time. You will be notified of any changes via email or by posting a notice on the Site.
Governing Law #
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Contact Information #
If you have any questions or concerns about this Agreement, please contact us below.
Mailing Address:
NEPA Marketplace, LLC
122 Main Street
PO Box 215
Luzerne, Pa 18709
United States of America
Contact Email:
legal@nepamarket.place
By registering as a merchant on NEPA Marketplace, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement. Thank you for choosing NEPA Marketplace.