Welcome to the Marketplace (“Marketplace”), operated by Infinite Aisle LLC (“Company,” “we,” or “us”), an affiliate to Albertsons Companies, Inc., which directly or through one or more of its affiliates/subsidiaries operates over 2,300 stores across 35 states and the District of Columbia under, including ACME, Albertsons, Carrs, Jewel-Osco, Pavilions, Randalls, Safeway, Shaw’s, Star Market, Tom Thumb, and Vons. Please read these Marketplace Terms of Use (“Terms”) carefully as they form a contract between you and Company that govern your access and use of the Marketplace and your purchase of products (“Products”) from thirty-party retailers (“Sellers”) through the Marketplace. By using the Marketplace or by acquiring Products from the Marketplace, you accept and agree to these Terms, along with our Privacy Policy (collectively, “Marketplace Terms”). YOU MAY NOT USE THE MARKETPLACE IF YOU DO NOT AGREE TO THE MARKETPLACE TERMS.

We may change the Marketplace Terms at any time, so you should review them each time before placing an order from the Marketplace. Each time you place an order with the Marketplace, the Marketplace Terms then in effect will apply.

No Warranties and Limited Liability; Arbitration: These Marketplace Terms provide you with certain legal rights, but you may have other, additional legal rights, which vary from jurisdiction to jurisdiction. Please note that Company doesn't provide warranties for the Marketplace, and the Marketplace Terms limit Company’s liability to you. Please see Sections 17 and 18 for details. Some jurisdictions do not permit the exclusion of implied warranties or the exclusion or limitation of certain damages or other rights, so those provisions of these Marketplace Terms may not apply to you. These Marketplace Terms require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 20 for details, including instructions to follow to opt out of binding arbitration and the class action waiver.

1. No Unlawful or Prohibited Use

Only individuals age 18 and older are permitted to use the Marketplace. As a condition to your use of the Marketplace, you warrant to Company that you will not use the Marketplace for any purpose that is unlawful or prohibited by these Marketplace Terms. You will not: (a) use the Marketplace in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other person’s use of the Marketplace; (b) access the Marketplace through any means other than the visual user interfaces authorized by us or through other authorized accessibility alternatives, or otherwise attempt to gain unauthorized access to the Marketplace, other accounts, computer systems or networks connected to any of our servers or to the Marketplace, through hacking, password mining or any other means; (c) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Marketplace; (d) use the Marketplace in a way that infringes rights of third parties, including willfully harming a person or entity, including Company; (e) send or otherwise transmit to or through the Marketplace any material that is, or may reasonably be considered to be, unlawful, infringing, harmful, harassing, offensive, threatening, vulgar or otherwise objectionable; (f) commercially distribute, offer for sale or sell any Products obtained from the Marketplace; (g) access the Marketplace with any data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing any Content; or otherwise scrape, collect, store, or use any Content, including any Product listings, descriptions, prices, or images, except in all cases as expressly authorized under the Marketplace Terms or permitted separately under a fully executed written agreement between you and Company (except publicly accessible search engines may use spiders to copy materials from the Marketplace for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content on the Marketplace, excluding indices which enable the purchase of Products except directly from the Marketplace); (h) use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” “extensions,” “add-ons,” “plug-ins,” “apps,” or “offline readers” (other than screen readers and similar devices designed to assist visually impaired persons to access the Marketplace or with our prior written authorization); (i) mirror or frame the homepage or any other pages of the Marketplace on any other website or web page without Company’s prior written approval in each instance; (j) to the extent enforceable by applicable law, cause or permit any reverse engineering, decompilation, modification, translation or disassembly of, or attempt to derive any source code of, any program, tool, or application underlying the Marketplace; or (k) access or use the Marketplace in violation of any applicable federal, state or local laws, rules or regulations, or encourage conduct that may do so.

2. Content

All information, data, materials, text, graphics, images, and other content available on the Marketplace, including Third-Party Content, Medical Content and Nutritional Content (as such terms are defined below) (collectively, “Content”) are provided for informational purposes and personal uses only (unless we agree otherwise). We grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access and/or use the Content on the Marketplace, and to download, print and store portions of the Content that you select, provided that you: (i) access and/or use those portions of the Content solely for your own personal, non-commercial use (unless we provide prior written authorization); (ii) do not copy or post the Content on any network computer, or transmit, distribute, publish, display, make available or broadcast the Content in any media or platform; and (iii) do not modify or alter the Content in any way or delete or change any copyright or trademark notice. No right, title or interest in and to any Content is transferred to you as a result of this limited license. Your use of any Content is entirely at your own risk, for which we will not be liable.

  • (a) Third-Party Content

    Certain content from third parties (“Third-Party Content”) may be made available as part of the Marketplace or through links on the Marketplace, and such Third-Party Content may be subject to its own additional license terms and policies. You should refer to the policies and terms posted on third-party websites prior to using any such site. We do not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. You agree that we are not responsible for any Third-Party Content, and understand that you bear all risks associated with your access to and/or use of any such Third-Party Content.

  • (b) Product Information Changes and Errors Occur

    Product information accessed through the Marketplace is obtained from claims made by Seller and Product manufacturers; on occasion manufacturers may alter their labels or ingredient lists; and actual Product packaging and materials may contain more and/or different information than that shown on the Marketplace. Accordingly, you should not rely solely on the Product information presented on the Marketplace, but should always read carefully the labels, warnings, and directions before using or consuming a Product. None of the entities associated with the Company, nor its Content provider(s), Product manufacturers or Sellers assume any liability for inaccuracies, misstatements, or omissions related to any Product information listed on the Marketplace.

  • (c) Medical Content

    All drug and interaction information, health or wellness information, and any other content regarding health and wellness Products (“Medical Content”) is provided for informational and educational purposes only, and is intended as informational and not a substitute for, the diagnosis, treatment and advice of a qualified health-care provider. You should not rely solely on the Medical Content nor use it as a self-diagnosis or for treating a health problem or disease. We do not represent or guarantee that any of the Medical Content is accurate, complete, timely, reliable, suitable, or correctly sequenced. The Medical Content does not cover all possible uses, precautions, side effects and interactions of any over-the-counter drug, and should not be construed to indicate that any such drug is safe for you. Consult your qualified health-care provider for guidance before using any over-the-counter drug, and regarding the applicability of any opinion, research result, or recommendation with respect to any symptom or medical condition. Always seek the advice of your qualified health-care provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Marketplace. Contact your health-care provider immediately if you suspect that you have a medical problem. We do not recommend or endorse any specific tests, Products, procedures, methods, opinions or other information that may be mentioned on or included in the Marketplace. Any information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.

  • (d) Nutritional Content

    Any nutritional information about Products, food handling and preparation methods and recipes provided on the Marketplace (“Nutritional Content”) is provided for informational purposes only. Such information is not intended to be comprehensive and should not be substituted for information available from applicable governmental sources. We do not warrant the quality, completeness, or accuracy of Nutritional Content. Any Nutritional Content about recipes is based on the ingredients and cooking techniques as listed in the applicable recipe and does not include optional ingredients or garnishes. All stated nutritional values are composite averages and may vary according to freshness, variety, differences in preparation or brands of ingredients. Altering cooking methods or substituting any ingredients may change the posted nutritional information significantly. We do not warrant the results of preparing the recipes.

3. Feedback

Any suggestions, information or feedback provided by you to us regarding the Marketplace or Products (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Marketplace or any ratings or reviews of the Marketplace or Products) (“Feedback”) is voluntary and you hereby grant to Company a world-wide, royalty free, irrevocable, transferrable, perpetual license to use (and authorize others to use) any Feedback without restriction.

4. Links to Third Party Websites & Software

The Marketplace may include links to third party websites that let you leave the Marketplace. We are not responsible for the contents of any linked site or any link contained in a linked site. We provide links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the linked site. Your use of the third party website may be subject to that third party’s terms and conditions. The Marketplace may contain third-party content, programs, tools, SDKs, and/or applications subject to their own license terms (“Third-Party Software”). Any Third-Party Software is provided to you under the terms of the license agreement or copyright notice accompanying such Third-Party Software.

5. Accounts; Electronic Communication

To order Products from the Marketplace, you must register for a user account by providing accurate and complete registration information. If you choose to open an account in the Marketplace, you will complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. Your use of the account to access the Marketplace is subject to all the terms governing the Marketplace account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. When you visit the Marketplace, or send an email to us or Sellers, you are communicating electronically with us and Sellers, as applicable. You consent to receive communications from us and Sellers electronically and agree that we and Sellers may communicate with you by email or by posting notices on the Marketplace.

6. Consumers Only

The Marketplace sells and ships Products to end-user customers only. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.

7. Seller is Responsible

To the fullest extent permissible by applicable law, we have no responsibility or liability for any Seller or any Products. Sellers provide all fulfillment for Product orders and are responsible for all returns processing and customer service for Products you purchase on the Marketplace.

8. Prices & Payment

  • (a) The prices for Products displayed on the Marketplace are subject to change from time to time as Sellers may initiate price changes for the Products they sell. Company may also change Product prices in certain instances, such as to ensure that Sellers honor their pricing commitments made to customers. If there is an error in Product pricing or the terms of an offer, changes will take effect upon posting a correction on the Marketplace. All prices are shown in U.S. dollars. Unless stated otherwise, prices shown in the Marketplace exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Marketplace may also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.

  • (b) We use a third party payment processor to facilitate the online payments you make for the Products. The Marketplace accepts credit and certain debit cards as payment methods for Product orders. By providing the Marketplace with a payment method, you: (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (b) authorize Seller and the third party payment processor to charge you for any Products purchased using your payment method.

  • (c) When you place an order, the third party payment processor will contact your payment card’s issuing financial institution to confirm the validity of the account and will request preauthorization for the full purchase amount. Your payment card will be charged when the Product has shipped. If you cancel your order before the Products are billed, any authorizations in place on your payment card account may take several days to expire. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem Company or Seller encounters to proceed with your order. Please see the Contact Us page to learn more about how to contact Seller and/or Company.

9. Order Acceptance & Confirmation

Seller may, in its sole discretion, refuse or cancel any order and limit order quantity. Company or Seller may also require additional qualifying information prior to accepting or processing any order. Once your order is received, Seller will provide you with an email order confirmation.

10. Geographic Availability

Available Products may vary depending on your location and there may be limits on where Seller can ship Products. The Marketplace does not permit shipment of Seller Products to the following states (“Excluded States”): Connecticut, Louisiana, Oklahoma, Pennsylvania, South Carolina or Washington. Orders for Products with a delivery address in an Excluded State will be rejected.

11. Shipping & Delivery

  • (a) Responsibility for Fulfillment

    By ordering or purchasing any Products from the Marketplace, you acknowledge that all Marketplace orders will be fulfilled by the Seller and not Company. Accordingly, Seller, not Company, is responsible for the fulfillment of your order, including all processing, shipping and returns, and all customer services related to your order.

  • (b) Shipment

    Products will be shipped to an address designated by you, provided such address is complete, within the United States and not in an Excluded State. Products will be shipped in accordance with the applicable Seller’s shipping policy set forth on the Marketplace.

12. Product Availability & Limitations

Seller may change Product quantities available at any time, even after you place an order. There may be times when Seller confirms your order but subsequently learns that it is unable to supply the ordered Product; in the event Seller cannot supply an ordered Product, Seller (or Company) will cancel the order for the Product and you will be provided with a refund in the amount equal to the full purchase price of the cancelled Product.

13. Returns

All Product returns are handled by the Seller, not Company. You will not return any Products to us or one of our affiliates’ physical stores; you will only return Products to the Seller from whom you purchased the Products and in accordance the applicable Seller’s return policies as set forth on the Marketplace. Please see the Marketplace FAQs and Contact Us pages to learn more about the return policies and procedures.

14. Age Limitations

You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under the Marketplace Terms. Age limits may apply to your use of the Marketplace, including Product purchases.

15. Privacy

If you purchase Products from the Marketplace, we will share certain information with Sellers to permit Sellers to fulfill and ship your orders, process Product returns and provide customer service to you. Please review the Privacy Policy for information about the types of information collected from you and how that information is used.

16. Termination of Use or Access

We may terminate your use of the Marketplace at any time for any reason, including if you are in breach of any of the Marketplace Terms. By using the Marketplace, you will be responsible (in accordance with the Marketplace Terms) for any orders you place or are placed through your Marketplace account, or charges you incur through the Marketplace prior to such termination. We may change, discontinue, or otherwise suspend the Marketplace at any time, for any reason, and without prior notice to you.

17. Warranty Disclaimers

Some jurisdictions do not permit the exclusion or limitation of certain warranties, so the following provisions may not apply to you.

THE MARKETPLACE AND ALL CONTENT AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE, ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND. ALL PRODUCTS PURCHASED THROUGH THE MARKETPLACE ARE PROVIDED ON AN “AS IS” BASIS UNLESS OTHERWISE NOTED IN THE MANUFACTURER’S WARRANTY THAT IS INCLUDED WITH THE PRODUCT OR THE SELLER’S PRODUCT WARRANTY THAT IS PROVIDED WITH THE PRODUCT. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). WE DO NOT WARRANT THAT THE MARKETPLACE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MARKETPLACE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCESS OR USE OF, OR THE RESULTS OF THE USE OF, THE CONTENT ON THE MARKETPLACE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY, TIMELINESS, CORRECT SEQUENCING, OR OTHERWISE.

NOTHING IN THIS SECTION LIMITS THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY PRODUCT SOLD TO YOU THROUGH THE MARKETPLACE OR ANY ADDITIONAL WARRANTY OFFERED BY THE SELLER OF ANY PRODUCT SOLD TO YOU THROUGH THE MARKETPLACE.

18. Limits on Liability

Some jurisdictions do not permit the exclusion or limitation of certain damages or other rights, so the following provisions may not apply to you.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL (A) WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM (I) THE MARKETPLACE TERMS, THE MARKETPLACE, PRODUCTS OR CONTENT, (II) THE USE OF, MISUSE OF, OR INABILITY TO USE THE MARKETPLACE, PRODUCTS OR CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE MARKETPLACE, (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE MARKETPLACE OR CONTENT, (V) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR PAYMENT CARD INFORMATION, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING SELLERS AND CUSTOMERS, ON THE MARKETPLACE, OR (VII) ANY OTHER MATTER RELATED TO THE MARKETPLACE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND (B) OUR TOTAL LIABILITY TO YOU (EXCLUDING ANY LIABILITY FOR INJURY TO A PERSON IN THE CASE OF CONSUMER GOODS) IN CONNECTION WITH THE MARKETPLACE TERMS, THE MARKETPLACE, THE PRODUCTS OR CONTENT, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AGGREGATE TO THE TOTAL OF ALL PAYMENTS YOU HAVE MADE TO SELLERS THROUGH THE MARKETPLACE (IF ANY) DURING THE THREE-MONTH PERIOD PRECEDING THE DATE OF SUCH CLAIM. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, ANY CONTENT, OR ANY SERVICES PROVIDED THROUGH THE MARKETPLACE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MARKETPLACE.

THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE MARKETPLACE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. The provisions in this Section are enforceable in the State of New Jersey.

19. You Indemnify Us

You agree to defend, indemnify, and hold harmless Company, and all of its respective officers, directors, employees, owners, agents, information providers, licensors and licensees, from and against any and all liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) incurred in connection with any third-party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using the Marketplace or your breach of the Marketplace Terms. This provision does not apply to our acts. You will cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you. The foregoing provision is enforceable in the State of New Jersey.

20. Disputes and Arbitration; Class Action Waiver

  • (a) Except for cases involving claims for public injunctive relief (as defined by law), you and Company agree that all controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Marketplace Terms or arising out of your access to or use of any of the Marketplace (each a “Claim”) will be resolved through binding and final arbitration instead of through court proceedings. THIS AGREEMENT TO ARBITRATE MEANS YOU AND COMPANY WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL. All Claims shall be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time arbitration is initiated (“JAMS Rules”). You may, in arbitration, seek all remedies otherwise available to you under applicable federal, state or local laws, except as provided below in subsection (f) of this Section 20. If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed in subsection (b)(4) of this Section 20), and Company will pay the remainder of the arbitration initiation fee and all other costs of the arbitration proceeding, including the arbitrator’s fees. The arbitration will be held at a location in your hometown area unless you and Company both agree to another location or telephonic arbitration.

  • (b) For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267. To start an arbitration hereunder, you must do all the following:

    • (1) Write a demand for arbitration (your “Demand for Arbitration”). Your Demand for Arbitration must include a description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of the Marketplace Terms (including this arbitration provision). You can find a form of a demand for arbitration at www.jamsadr.com/arbitration-forms/.

    • (2) Send one copy of your Demand for Arbitration to Company at:

      Infinite Aisle LLC

      250 E. Parkcenter Blvd.

      Boise, ID 83706

      Attn: General Counsel

    • (3) Send two copies of the following to the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at http://www.jamsadr.com/locations/):

      • (A) Your Demand for Arbitration (with a copy of the Marketplace Terms attached); and

      • (B) Proof of service of your Demand for Arbitration on Company at the address noted in subsection (2) above (for example, a copy of a certified mail return receipt requested or a sworn statement of service by a non-party over 18 years of age).

    • (4) Pay JAMS a $250.00 arbitration initiation fee, unless you are entitled to a waiver of the fee under California Code of Civil Procedure Section 1284.3 or other applicable law.

  • (c) In the event Company elects to start an arbitration with you hereunder, Company must write a demand for arbitration and send two copies of it to JAMS, and serve one copy of Company’s Demand for Arbitration to you at the contact information you have provided in your Marketplace account. Company will pay all costs of the arbitration proceeding, including the arbitrator’s fees, for any arbitration that Company commences.

  • (d) The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with JAMS Rules. The arbitrator shall render an award in accordance with JAMS Rules. In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Any award may also be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state in which the arbitration is held or in which the award is to be enforced. Except for the foregoing, the arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and Company agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

  • (e) The terms of this Section 20 do not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with the Marketplace Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in the Marketplace Terms.

  • (f) Neither you nor Company may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and Company agree that the JAMS Class Action Procedures do not apply to Company’s arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.

  • (g) A court may sever any portion of this Section 20 that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis. No waiver of any provision of this Section 20 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Marketplace Terms. This Section 20 will survive the termination of your relationship with Company and any termination of your access to and/or use of all or any part of any of the Marketplace.

    THIS SECTION 20 LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

21. General Legal Terms and Contact Information

  • (a) Governing Law

    You agree that the Marketplace Terms, and any claim, dispute, action, or issue arising out of or relating to the Marketplace Terms and the Marketplace is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware without reference to conflict of laws principles. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its (or its licensors or service providers’) confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

  • (b) Notice

    Company and Sellers may need to communicate with you from time to time regarding the Marketplace Terms or the Marketplace. Company and Sellers may provide such notice to you via email to the email address associated with your Marketplace account or online through the Marketplace. If you need to contact Company or a Seller, please see the Contact Us page to learn more about how to contact Seller and/or Company.

  • (c) Entire Agreement

    The Marketplace Terms are the complete and entire understanding and agreement between us and you regarding the Marketplace, and supersedes all previous or contemporaneous written and oral agreements and communications relating to the subject matter of the Marketplace Terms, all of which are merged into the Marketplace Terms. In the Marketplace Terms: (a) the word “including” and words of similar import will mean “including, without limitation,” unless otherwise specified and (b) “or” is used in the sense of “and/or”; “any” is used in the sense of “any or all”.

  • (d) No Waiver

    All waivers by us will be effective only if provided in writing. Any failure or delay by us to strictly enforce any provision of the Marketplace Terms will not operate as a waiver of that provision, any other provision, or any subsequent breach of that or any other provision.

  • (e) Severability

    Each provision in the Marketplace Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from the Marketplace Terms; and, all the remaining provisions of the Marketplace Terms will continue in full force and effect.

  • (f) Assignment

    The Marketplace Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without our prior written consent. The Marketplace Terms may be assigned by us without restriction. The Marketplace Terms are binding upon any permitted assignee.

  • (g) Marketplace is Protected by Copyright Laws

    The Marketplace and all Content are protected by copyright laws. Unless specified otherwise on the Marketplace, no portion of the Marketplace may be copied, displayed, performed, republished, transmitted, or distributed in any way or form, nor may any derivative work of the Marketplace or any Content be created, without our prior written consent. Any such use of any Content for any purpose not authorized under these Marketplace Terms is a violation of our copyrights or the copyrights of our licensors. You must obtain permission from us or the applicable owner in advance and in writing for all uses of the Marketplace and any Content other than as expressly authorized under these Marketplace Terms. The use of the Marketplace or any Content available thereon on any other website or networked computer environment is prohibited. Your access to or use of the Marketplace does not grant you any rights, either intentionally or by implication, to any program, tool, or application.

  • (h) Trademarks

    All trademarks, service marks, logos, trade names and trade dresses (“Marks”) in or on the Marketplace, whether registered or unregistered, are owned by us or the respective owner of the Marks. You are not permitted to use any of the Marks without the applicable prior written consent of us or such respective owners.

  • (i) Export Compliance

    The Marketplace is subject to the export control laws, regulations and orders of the United States and may be subject to the export or import control laws and regulations of other countries. You will comply with all such laws and regulations that apply to the Marketplace. You may not use the Marketplace if you are the subject of U.S. Sanctions or on behalf of someone who is the subject of U.S. Sanctions.

  • (j) Government End Users

    The Marketplace is comprised of commercial computer software. If you are an agency, department, or other entity of the United States Government, any software licensed is licensed to you as a “Commercial Item,” and the rights granted to you under these Terms are the same as we grant to all others under these Terms.


Last updated: July 26, 2018

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