Effective Date: January 3, 2023
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‍BY ACCESSING, VIEWING, OR USING THE EVERYTHING MARKETPLACES WEBSITE LOCATED AT WWW.EVERYTHINGMARKETPLACES.COM (THE "SITE"), THE EVERYTHING MARKETPLACES COMMUNITY AVAILABLE THROUGH CIRCLE APP (THE "APP"), OR ANY TOOLS, SERVICES AND/OR SUBDOMAINS PROVIDED IN CONNECTION WITH THE APP OR THE SITE (COLLECTIVELY, THE APP, THE SITE AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE "SERVICE"), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AND END USER LICENSE AGREEMENT ("TERMS OF USE"). IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICE AND UNINSTALL THE APP IMMEDIATELY.

These Terms of Use set forth the terms and conditions of Think Box, LLC dba Everything Marketplaces ("Everything Marketplaces") applicable to your use of the Service. Everything Marketplaces encourages you to read these Terms of Use carefully. For purposes of these Terms of Use, "Everything Marketplaces" means and includes Everything Marketplaces and its, parents, subsidiaries and affiliates, and its and their investors, officers, directors, employees, agents, representatives and assigns. "User" means each person who accesses or uses the Service, whether or not such User personally installed the App or created an account.

You understand and agree that Everything Marketplaces may revise, modify and/or supplement these Terms of Use (the "Revised Terms of Use") at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via email. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account (and uninstall the App). You can close your account through the Account Settings in your User Profile on the Site or by emailing contact@everythingmarketplaces.com. By continuing to use the Service following notice, or by failing to close your account or uninstall the App, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.

If you are a paying member and you close your account due to rejection of the Revised Terms of Use before your paid membership term has ended, you may seek reimbursement for the paid, pro rata balance of the remaining membership by emailing us at contact@everythingmarketplaces.com.

Terms and Conditions

1. Electronic Transactions. By using the Service, you agree to transact electronically through the Site and App, as applicable. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

2. License. Subject to the terms and conditions set forth in these Terms of Use, Everything Marketplaces grants you a personal, revocable, nonexclusive, nontransferable license to use the Service solely for your personal, noncommercial use except as expressly set forth herein. The Service will be in the form and format as determined by Everything Marketplaces in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others and may have additional licensing terms restricting their use thereto. Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein ("Everything Marketplaces Content"); (B) modifying or otherwise making any derivative uses of the Service or any Everything Marketplaces Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or the Everything Marketplaces Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the Everything Marketplaces Content other than as specifically authorized herein, without the prior, written permission of Everything Marketplaces, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. You understand and agree that Everything Marketplaces may report any behavior it observes and, in its reasonable belief, views as a violation of applicable laws, to the relevant authorities. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. The Service Offers a Venue. The Service merely offers tools, resources and a venue to connect with other Everything Marketplace community members. You understand and agree that Everything Marketplaces: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks.

4. Transactions Are Between Users. The Service may be used to help obtain or offer services. However, Users transact solely between themselves, and Everything Marketplaces is not a party to any transactions between Users.

5. Eligibility. You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service; and (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use. If Everything Marketplaces becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension. You understand and agree that Everything Marketplaces does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that Everything Marketplaces is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users.

6. No Professional Advice; Information Only. Any information, materials, content and/or advice provided through the Service, whether by Everything Marketplaces, Users or third parties, including without limitation the Everything Marketplaces Facebook page(s), the Everything Marketplaces Twitter account, and the Everything Marketplaces LinkedIn account, are for informational purposes only. If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional.

‍7. Use of the Service. You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Everything Marketplaces, in its sole and exclusive discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Everything Marketplaces reserves the right to suspend or terminate your account with or without notice at any time in its sole and exclusive discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension. You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

• Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
• Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation;
• Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
• Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
• Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
• Harvest or otherwise collect information about Users without their consent;
• Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
• Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Everything Marketplaces;
• Impersonate another person or allow any other person or entity to use your user name, password or membership;
• Post the same content repeatedly or spam - spamming is strictly prohibited;
• Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
• Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
• Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
• Restrict or inhibit any other User from using and enjoying the Service.

You understand and agree that Everything Marketplaces may terminate your use of the Service and any license rights you may have in the event that Everything Marketplaces reasonably believes you have engaged in any of the foregoing behaviors.

8. Communications Decency Act. Everything Marketplaces reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Everything Marketplaces in its sole discretion. You may report any alleged improprieties by any User to Everything Marketplaces by email at contact@everythingmarketplaces.com. However, enforcement of these Terms of Use is solely at Everything Marketplaces' discretion, and failure to enforce in some instances does not constitute a waiver of Everything Marketplaces' right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

‍9. Account Security. You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Everything Marketplaces of any unauthorized use of accounts or any other breach of security.

10. Third-Party Services and Content. The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, "Third-Party Services and Content"), which access is provided solely for convenience. You understand and agree that such Third-Party Services and Content are not provided by Everything Marketplaces, and Everything Marketplaces does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content.

11. User Content. "User Content" is defined as any information, content, messages, video, photos, and/or materials a User posts on or through the Service, submits to Everything Marketplaces and/or submits to any other User on or through the Service or by any other medium or method. Everything Marketplaces acts as a passive conduit for User Content, and Users, not Everything Marketplaces, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that Everything Marketplaces does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to Everything Marketplaces an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works. You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation; (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Everything Marketplaces or cause Everything Marketplaces to lose (in whole or in part) the services of the Everything Marketplaces ISPs or other partners or suppliers. Everything Marketplaces may, but is not obligated to, review or delete any User Content that, in Everything Marketplaces' sole and exclusive discretion, violates these Terms of Use. Although Everything Marketplaces has no obligation to screen, edit or monitor User Content, Everything Marketplaces reserves the right, and has the sole and exclusive discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely and exclusively at Everything Marketplaces' discretion, and failure to enforce such rules in some instances does not constitute a waiver of Everything Marketplaces' right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

‍12. Paid Memberships. Access to the Service requires a paid membership ("Paid Membership"). Upon registration for a Paid Membership, you agree to pay Everything Marketplaces the applicable membership fees at the prices then in effect, and you authorize Everything Marketplaces to charge your chosen payment method in connection therewith. Everything Marketplaces reserves the right to correct any payment errors even if it has already requested and/or received payment. Everything Marketplaces may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service. Further, Everything Marketplaces may offer limited-time, free trial memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue your membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period through the Account Settings in your User Profile in the Site or by emailing contact@everythingmarketplaces.com.

13. Automatic Renewal and Cancellation. Paid Memberships will be automatically extended for successive renewal periods of the same duration as the Paid Membership term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP, YOU AGREE THAT THE TERM OF SUCH PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM THROUGH THE ACCOUNT SETTINGS IN YOUR USER PROFILE IN THE SITE OR BY EMAILING CONTACT@EVERYTHINGMARKETPLACES.COM. At or near the time of each renewal, you authorize Everything Marketplaces to charge your selected payment method the then-current, applicable fee in accordance with the Paid Membership you selected. Upon cancellation, you will have access to the Paid Membership benefits until the end of the then-current Paid Membership term, and the Paid Membership will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Paid Membership fees paid for the then-current Paid Membership term, except as expressly provided in these Terms of Use. Everything Marketplaces is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Everything Marketplaces.

14. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EVERYTHING MARKETPLACES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, INCURRED BY EVERYTHING MARKETPLACES IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (K) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY EVERYTHING MARKETPLACES IN THE DEFENSE OF SUCH CLAIMS. EVERYTHING MARKETPLACES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF EVERYTHING MARKETPLACES.

15. Release. IF PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE EVERYTHING MARKETPLACES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO EVERYTHING MARKETPLACES' OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO: (A) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S ELIGIBILITY CONDITIONS; (B) ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS; (C) EVERYTHING MARKETPLACES CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT OBTAINED THROUGH USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ON THE WEBSITE, BLOG, PODCAST, FACEBOOK PAGES, TWITTER ACCOUNT, LINKEDIN ACCOUNT, AND IN THE APP; (D) THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES; AND/OR (E) USER CONTENT, INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON OTHER USERS WITH RESPECT TO SUCH USER CONTENT AND/OR ANY COMMENTS MADE BY A USER ABOUT OTHERS. This release does not include claims, suits, injuries, loss, harm or damages arising from Everything Marketplaces’ gross negligence or willful tortious conduct.

16. Suspension and Termination. Everything Marketplaces may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at Everything Marketplaces' sole and exclusive discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. You agree to make no further use of the Service or the Everything Marketplaces Content during suspension or after termination. Everything Marketplaces reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the Everything Marketplaces Content during suspension or after termination, and you agree that Everything Marketplaces may recover its reasonable attorneys' fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

17. Intellectual Property Rights of Service. Except for the license expressly granted in these Terms of Use, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms of Use are hereby reserved and retained by Everything Marketplaces. The Service, the Everything Marketplaces Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively "Proprietary Material"), are owned by Everything Marketplaces or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Everything Marketplaces also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Everything Marketplaces' prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Everything Marketplaces and/or the relevant rights holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by Everything Marketplaces or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of Everything Marketplaces and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

18. Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Everything Marketplaces has adopted a policy of terminating, in appropriate circumstances and at Everything Marketplaces' sole and exclusive discretion, members who are deemed to be repeat infringers. Everything Marketplaces may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints: Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide Everything Marketplaces' designated agent (as set forth below) with the following information: (1) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located (include enough information to allow Everything Marketplaces to locate the material); (3) Your address, telephone number, and email address; (4) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (5) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement: Michael Williams
Address of Designated Agent to Which Notification Should Be Sent: Attn: Everything Marketplaces 525 Broadway, Apt 3041 Santa Monica, CA 90401

Telephone Number of Designated Agent: (310) 721-4100
Email Address of Designated Agent: contact@everythingmarketplaces.com

19. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by Everything Marketplaces, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Stop Think Connect, www.stopthinkconnect.org, and Safety.com, www.safety.com, or in the following Web directories: Internet Blocking and Filtering Software or Filtered Access.

20. U.S. Export Controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

21. No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

22. Modifications to the Service. Everything Marketplaces reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Everything Marketplaces shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

23. No Joint Venture. You acknowledge that you are not legally affiliated with Everything Marketplaces in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Everything Marketplaces, except as provided herein or authorized in writing by Everything Marketplaces. Everything Marketplaces is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.

24. Limitations on Use. In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, Everything Marketplaces reserves the right to place certain limitations on your access to the Service at any time and for any reason or for no reason at all. You acknowledge and agree that this term supersedes any specific offer made by Everything Marketplaces and that these limitations may be enforced in Everything Marketplaces' sole and exclusive discretion. If you feel that these limitations are interfering with legitimate use of Everything Marketplaces in keeping with the Terms of Use, you shall refer this concern to Everything Marketplaces and abide by the determination of Everything Marketplaces.

25. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. EVERYTHING MARKETPLACES DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) YOUR USE OF THE SERVICE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE, INCLUDING WITHOUT LIMITATION EVERYTHING MARKETPLACES CONTENT, USER CONTENT, ELIGIBILITY CONDITIONS OR CONTENT FOUND ON EVERYTHING MARKETPLACES' SOCIAL MEDIA ACCOUNTS; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; (E) THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (F) ANY DISPUTES, DEALINGS OR INTERACTIONS BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES. EVERYTHING MARKETPLACES DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. EVERYTHING MARKETPLACES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. EVERYTHING MARKETPLACES HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE EVERYTHING MARKETPLACES AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR EVERYTHING MARKETPLACES CONTENT.

26. Assumption of Risk. You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.

27. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL EVERYTHING MARKETPLACES BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR EVERYTHING MARKETPLACES CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF EVERYTHING MARKETPLACES OR ITS AFFILIATES TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVERYTHING MARKETPLACES’ OR ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

28. Notice. Any notice or other communication to be given hereunder shall be in writing postpaid registered or certified mail, return receipt requested, or electronic mail to contact@everythingmarketplaces.com.

29. Governing Law and Jurisdiction. These Terms of Use, and all other aspects or use of the Service, shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law or conflict of laws rules. You agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be any California State Court or Federal Court sitting in Los Angeles, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding.

30. General Provisions. These Terms of Use constitute the entire agreement between User and Everything Marketplaces with respect to the Service. Failure by Everything Marketplaces to enforce any of these Terms of Use shall not be construed as a waiver of any provision or right. Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use. The remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
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