Terms of Service

WEBSITE GENERAL TERMS OF USE #

PLEASE READ! NEPA MARKETPLACE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOUR USE OF WWW.NEPAMARKET.PLACE

By accessing or using this site you represent that you have the full authority to act to bind yourself, any third party, company, or legal entity, and that your use and/or interaction, as well as continuing to use or interact, with the site constitutes your having read and agreed to these terms of use as well as other agreements that we may post on the site.
By viewing, visiting, using, or interacting with NEPA Marketplace or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this terms of use policy and the privacy policy of NEPA Marketplace.
NEPA Marketplace specifically denies access to any individual that is covered by the children’s online privacy protection act (coppa) of 1998.
NEPA Marketplace reserves the right to deny access to any person or viewer for any lawful reason. Under the terms of the privacy policy, which you accept as a condition for viewing, NEPA Marketplace is allowed to collect and store data and information for the purpose of exclusion and for many other uses.
This terms of use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to access NEPA Marketplace, to keep themselves informed of such changes by reviewing this terms of use page each time they visit NEPA Marketplace.

PARTIES TO THE TERMS OF USE AGREEMENT #

Visitors, vendors, sellers, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of nepamarket.place with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing nepamarket.place and that accessing nepamarket.place constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE #

The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of nepamarket.place with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing nepamarket.place and that accessing nepamarket.place constitutes acceptance.

DISCLAIMER FOR CONTENTS OF SITE #

nepamarket.place disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on nepamarket.place. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS #

Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY #

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service.

Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.

INDEMNIFICATION #

Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of nepamarket.place, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.

SUBMISSIONS #

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE #

No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES #

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the owner of NEPA Marketplace.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE #

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, vendor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of NEPA Marketplace’s address.

APPLICABLE LAW #

Viewer, visitor, vendor, shop owner, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of nepamarket.place.

BUYER TERMS & CONDITIONS #

By using the NEPA Marketplace (the “Website”), the service (the “Service”) or establishing an account with NEPA Marketplace, you agree to the following terms and conditions.

Overview #

NEPA Marketplace is multi-vendor marketplace, it is not a traditional “retailer” and does not directly sell any tangible products otherwise specifically stated. The listings found for sale on this website is provided by individual sellers who utilize this platform for the purpose of internet sales. NEPA Marketplace is primarily a venue for entrepreneurs of locally owned businesses from Northeastern Pennsylvania (NEPA) to reach buyers. This website is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. This website provides a service to act as a facilitator of the sale. NEPA Marketplace has no control over the items advertised, the ability of sellers to sell items or the ability of buyers to pay for items.

Definitions #

“Your Information” is defined as any information you provide on this website or other processes in the member registration, product listings (which includes photographs and descriptions), in any publicly accessible area (including the reviews) or through any email or form function that you utilize. You are solely responsible for Your Information, and NEPA Marketplace acts as a passive conduit for your online distribution and publication of Your Information.

“Your Activities” include, for example, listing and purchasing items, posting reviews, emailing members, contacting sellers and making donations or utilizing any forms made available to you.

Dispute Resolution #

In the event of a dispute arising between you and a vendor on NEPA Marketplace, please contact us and we will work towards a resolution. We encourage you to directly resolve buyer-to-seller disputes independently. If a resolution cannot be met, NEPA Marketplace can be consulted for a final determination decision. If we are consulted for a final determination decision, you will release us from any claims, demands, and damages arising out of disputes with other users or parties.

General Overview: Terms #

• You acknowledge that you must be 18 years or older to use this site or to establish an account.

• You acknowledge that you bear sole responsibility for keeping your password secure.

• You agree not to use this website for any illegal or unauthorized purpose.

• You agree to comply with all local laws regarding online conduct and acceptable content.

• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit or display on the Website.

• You agree not to modify, adapt or hack nepamarket.place or modify another website so as to falsely imply that it is associated with NEPA Marketplace.

• You agree not to solicit, harass or impersonate NEPA Marketplace members.

• You agree not to transmit any malicious code or viruses of a destructive nature.

• You agree to use the Website at your own risk.

General Overview: Conditions #

• NEPA Marketplace reserves the right to modify or terminate any service for any reason at any time, with or without notice.

• NEPA Marketplace reserve the right to alter these Terms of Use at any time. If alterations constitute a material change to the Terms of Use, on our discretion, we will notify you via email or on-site announcement.

• NEPA Marketplace reserves the right to refuse service to anyone for any reason at any time.

• NEPA Marketplace may remove content (by way of example but without limitation: items, item descriptions, shop text and reviews.) that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, or violates our Terms of Use, Privacy Policy, or any other policy documented as posted on this website. However, NEPA Marketplace has no obligation to do so.

• The Service makes it possible to post images hosted on NEPA Marketplace to outside websites. This use is accepted. However, pages on other websites which display images hosted on NEPA Marketplace must provide a link back to NEPA Marketplace from each photo to its product listing page or shop page on the NEPA Marketplace website.

• You can remove your profile at any time by requesting an account deletion. This will also remove any private information you have stored in the system (orders, images, listings, wishlist, messages, etc.) By uploading images and item description content to NEPA Marketplace, it will become publicly accessible and we reserve the right to display the images and content in email communications and our social media accounts managed by NEPA Marketplace.

• All NEPA Marketplace graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks.

• NEPA Marketplaceʻs trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Buyer Membership Eligibility #

Membership is free, but 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.

Purchasing/Buyer Obligations and Guidelines #

A buyer is obligated to immediately pay in full if when making a purchase on NEPA Marketplace, unless prior agreement is made directly between the buyer and seller for alternative arrangements.

A seller must abide by all of NEPA Marketplaceʻs policies and the seller’s own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller’s own individual policies when dealing other issues, for example, issues of damage and returns.

Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding purchases, refunds, returns and other policies.

Suspensions and Termination #

NEPA Marketplace may in its sole discretion, suspend or terminate your shopper account with or without notice if any of our policies are violated.

No Warranty #

NEPA Marketplace website and services are provided “as is” and without any warranty. We do not guarantee that: (1) The services will be secure or available at any particular time or location; (2) is free of error, or that any defects or errors will be corrected at a particular time (3) the service will be free of viruses or other harmful materials. .

Liability Limits #

To the fullest extent permitted by law, neither NEPA Marketplace or any administrative staff shall be held liable for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the services or these terms.

Indemnification #

You agree to indemnify and hold NEPA Marketplace and its administrative staff 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 references, or your violation of any law or the rights of a third party.

Legal Compliance #

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

Disclaimer #

The information contained in NEPA Marketplace is for general information purposes only. The information is provided by NEPA Marketplace and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to NEPA Marketplace or the information, products, services, or related graphics contained on NEPA Marketplace for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of NEPA Marketplace.

Through NEPA Marketplace you are able to link to other websites which are not under the control of NEPA Marketplace. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep NEPA Marketplace up and running smoothly. However, NEPA Marketplace takes no responsibility for, and will not be liable for, NEPA Marketplace being temporarily unavailable due to technical issues beyond our control.

Refund Policy #

NEPA Marketplace may, but are under no obligation to, honor requests for refunds for the following reasons:

Non-delivery of the product: Due to an issue with the mail or courier service, you do not receive a delivery e-mail from us. Depending on the price of the product, NEPA Marketplace may require you to first submit proof that you have submitted a report to the mail service or courier company describing the missing item;

Download issues: You have problems that prevent you from downloading the product. NEPA Marketplace recommends that you contact our support team for your browser provider, as NEPA Marketplace ensures that our software can be downloaded with all major browsers, and this problem usually arises from a customer’s issue with either their browser, firewall, or network;

Product not-as-described: A request based on this reason is addressed on a case-by-case basis and subject to our approval. To prevent this kind of claim from arising, every customer is encouraged to check free samples ( in the form of video overviews, demo links, product samples, screen shots) of each type of the product offered before making a purchase.

Shop Owners Policies #

Contact Information #

NEPA Marketplace LLC
Mailing Address:
PO Box 215
Luzerne, Pa 18709
United States of America
Contact Email:
[email protected]