Terms and Conditions of Use

These terms and conditions of use (these “Terms of Use”) constitute and form a legally binding contract between Community Archives, Inc. (“we”, “our”, and “us”) and you or the person or business that you lawfully represent.  These Terms of Use apply to and govern your access to and use of the services that we offer on this website,  including any sub-domains,  mobile versions and related mobile applications (collectively, the “Services”), and all products, information, content, and documentation that you may access, purchase, or sell via the Services.  In these Terms of Use, “you” and “your” mean you, if you are accessing and using the Services as an individual, or mean the person or business that you represent, if you are accessing and using the Services on behalf of another person or a business (in which case, you understand that in making the Services available, we are relying on your representation that you have legal authority to enter into these Terms of Use on behalf of that person or business, and that proceeding without that authority is an intentionally deceptive act). 

THESE TERMS OF USE INCLUDE LIMITATIONS ON HOW CLAIMS WILL BE RESOLVED, INCLUDING THE SPECIFIC CHOICE OF LAW, A REQUIREMENT TO ARBITRATE ALL CLAIMS, AND YOUR AGREEMENT THAT ALL CLAIMS ARE TO BE RESOLVED ON AN INDIVIDUAL BASIS (I.E., NOT A CLASS ACTION).  YOUR AGREEMENT TO THESE TERMS OF USE ARE A CONDITION TO YOUR ACCESS TO AND USE OF THE SERVICES – DO NOT CONTINUE WITHOUT REVIEW OF THESE TERMS OF USE. BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

1. Other Terms; Product Terms; Modification.
   1. Other Terms. If you are accessing the Services as a real estate professional acting on behalf of a client, you acknowledge that your access to the Services is subject to these additional real estate professional terms and conditions. If you are accessing the Services as a seller of Products (as defined below), you acknowledge that your access to the Services and the offering of Products is subject to these additional seller terms and conditions.

    

   2. Product Terms. The Services facilitate a marketplace in which sellers may offer products that relate to the provision of real estate documents, and related instruments and disclosures (the “Products”), and buyers may purchase these offered Products. Each Product may have its own associated terms, conditions, and disclaimers that apply to its purchase and use (such terms, conditions and disclaimers, the “Product Terms”).  The Product Terms also form a legally binding contract between you and the listed seller of the subject Product.  In some cases, we may be the seller, and in those cases the Product Terms will supplement these Terms of Use but will apply only to the specific Product.

 

2. About the Services.
   1. Facilitated Marketplace. The Services operate as a marketplace which enables buyers to shop for Products that are offered for sale by sellers, and for sellers to offer Products that may be searched for and purchased.  We generally do not have control over materials that are provided through the Services, and you understand that in operating the Services we are merely facilitating the efficient and digital exchange of the materials that are the subject of their respective Product.  We may provide certain features to facilitate the provision of Services, such as granting you access and/or privileges to view, upload, and/or download the materials in certain specified formats that are supported by the Services.

    

   2. Products. Generally, your purchase of a Product is made directly from the listed seller of that Product, and not from us. We are not responsible for evaluating or confirming the materials delivered, and we do not warrant their accuracy, quality, or legality. We do not assume any liability for Products that are listed for sale by third parties. You understand that any disputes or concerns you have with the accuracy or appropriateness of such materials or the related Product will be governed by the associated Product Terms and should be taken up with the listed seller of the subject Product.

    

   3. No Uninterrupted Access. We attempt to provide uninterrupted access to the Services, but we cannot guarantee continued and uninterrupted access to the Services nor can we guarantee the availability of a Product for any specific period of time.

 

3. Charges and Payment.
   1. Charges. Each Product listing will provide the specific price that is payable for that Product. The total amount payable for any Product is subject to change without notice until such time that you complete the purchase of that Product on the checkout page.

    

   2. Payment Methods. We accept payments for fees payable for the listing, purchase, and/or sale of Products through the Services in the following methods, which are subject to important qualifications noted beside each payment method:

       

      Payment Method	Advisories
      Credit Card	We will assess a surcharge on any payment made by credit card. This surcharge will be calculated as a percentage of the total amount to be charged and will be presented to you on the checkout page prior to your confirmation of the relevant transaction.  The specific percentage is subject to change from time to time and is currently 4%.  In no event will the amount of this surcharge exceed our cost of acceptance of the credit card.
      Check	Made payable to “Community Archives, Inc.”, and mailed to:            PO Box 831757            Richardson, TX – 75083   If your check is returned for NSF, ISF, stop payment, closed account or any other reason, you or your account may be subject to additional fees.

       

      We generally do not charge your credit card until after your Product purchase has been fulfilled.  Should the credit card you provide be invalid or otherwise be declined, you agree that the applicable fees remain due and payable, including certain additional fees arising out of our costs of collection. You agree that you have no right to receive any Product you purchase until we have received the full payment for that Product.

    

   3. Third Party Payment Processor. Credit card payments are processed by a third party vendor (the “Payment Vendor”) and are subject to the terms and conditions provided by the Payment Vendor. In order to make and complete online payments, you may be required to provide certain information, and all information provided to the Payment Vendor shall be subject to the Payment Vendor’s privacy notice.    

 

4. Requirements for Access.
   1. Prerequisites. You must be, and by registering for an account and/or using the Services you represent and warrant to us that you: (a) are 18 years of age or older; (b) have the legal capacity to understand and be bound by these Terms of Use; and (c) possess all necessary legal authority to enter into these Terms of Use.  You acknowledge that use of the Services may require a user account to be registered. 

    

   2. Account Setup. In order to use the Services, you must register for an account by following the procedures, prompts and directions for setting up an account. When you sign up for an account, you will be asked to create a unique username, a password, and enter a valid email address for your account.  By completing this account registration, you reaffirm your agreement to these Terms of Use.

    

   3. Account Conditions. When registering an account, you will: (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ account activation procedures; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. We reserve the right to not activate your account, or to suspend or terminate your account for any duration once activated, if we have grounds to suspect that your account information is untrue, inaccurate, not current, or incomplete.

    

   4. Password Protection. For registration and activation of your account on the Services, you must have a password. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password.  You are responsible for all activities that occur under your account.  You will immediately notify us if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised, or if there is any other breach of security in connection with your account.  You must ensure that you log out from your account at the end of each session on the Services. 

 

5. Third Party Content. The Services or Products may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, logo, and graphics. You cannot modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such copyrighted material, trademarks and proprietary information in whole or in part. You may download copyrighted material for your use only in accordance with these Terms of Use, the Product Terms, and applicable laws and regulations. Except as otherwise expressly permitted under applicable copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of copyrighted material, trademarks and other proprietary information will be permitted without the express permission of us and the intellectual property owner thereof.  You acknowledge that you do not acquire any ownership rights by accessing, viewing, uploading, or downloading any copyrighted material, trademarks and other proprietary information.

 

6. Warranties.
   1. THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, EITHER EXPRESS OR IMPLIED, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT FOR THE SERVICES AND PRODUCTS LIES WITH YOU.  THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES WILL CONTINUOUSLY OPERATE, BE ERROR FREE OR THAT ANY ERRORS OR PROBLEMS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE, PRODUCT, OR CONTENT ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.  ADDITIONALLY, THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE ABOUT ANYTHING PERTAINING TO THE SERVICES AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, COMPATABILITY WITH HARDWARE OR SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SERVICES AND PRODUCTS AT YOUR OWN RISK.  YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SERVICES, OF ANY USER, SELLER, PAYMENT VENDOR OR OTHER THIRD PARTY.

    

   2. WE MAKE NO REPRESENTATION THAT THE SERVICES AND PRODUCTS ARE AVAILABLE, SUITABLE, OR APPROPRIATE FOR USE IN ALL OR SPECIFIC JURISDICTIONS. IF YOU ACCESS THE SERVICES, OR USE THE PRODUCTS, FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

 

7. Limitation of Liability and Class Action Waiver.
   1. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCES SHALL WE, THE PAYMENT VENDOR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AUTHORIZED REPRESENTATIVES, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFIT, COST OF COVER, LOSS OF DATA, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE PERTAINING TO THE SERVICES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, FOR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, OPERATION, OR TRANSMISSION, ALLEGED COMPUTER VIRUS, THEFT OR DESTRUCTION OF PROPERTY, AND/OR ACCESS (INCLUDING UNAUTHORIZED) TO, ALTERATION OF, OR USE OF SUCH SERVICES OR PRODUCTS.  YOU AGREE THAT THIS LIMITATION OF LIABILITY WILL APPLY IRRESPECTIVE OF ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE BASED ON BREACH OF CONTRACT, TORT, OR ANY OTHER BASIS OF LAW OR LEGAL THEORY.  WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ILLEGAL CONDUCT OF OTHER USERS, SELLERS, OR THIRD PARTIES IN CONNECTION WITH THE SERVICES OR PRODUCTS.

       

      IN NO EVENT SHALL OUR AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY, IN CONNECTION WITH THE SERVICES OR PRODUCTS, HOWEVER ARISING, EXCEED THE MAXIMUM PURCHASE PRICE YOU PAID FOR SUCH SERVICES OR PRODUCTS PURSUANT TO WHICH LIABILITY IS ALLEGED OR CLAIMED.

    

   2. Class Action Waiver. YOU HEREBY AGREE THAT ANY CLAIMS RELATING TO THESE TERMS OF USE, THE SERVICES, AND (AS BETWEEN YOU AND US) THE PRODUCTS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND YOU HEREBY EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR OTHER COLLECTIVE, JOINT ACTION WITH RESPECT TO ANY SUCH CLAIM.

    

   3. Taxes. You acknowledge that you are fully responsible and liable for any taxes (federal, state, local, or otherwise) owed as a result of your use of the Products, and that it is your responsibility to make all determinations relating to tax liabilities from your use of the Products.

    

8. Indemnification.You hereby agree to indemnify, defend and hold us, the Payment Vendor, our directors, officers, employees, affiliates, authorized representatives, and agents (collectively, “Indemnified Parties”) harmless from and against all liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by any of the Indemnified Parties arising out of any controversy, claim, dispute, cause of action, or lawsuit pertaining to your access to the Services or Products, including, without limitation, your failure to abide by these Terms of Use, your fraud, willful misconduct or gross negligence, or any infringement of intellectual property rights, rights of publicity or privacy of any third party, even if any such controversy, claim, dispute, cause of action, or lawsuit is based in whole or in part on our own negligence.

 

9. Termination. We may terminate or suspend your access to the Services at any time without notice to you.  

 

10. Governing Law. THESE TERMS OF USE AND ANY CONTROVERSY, CLAIM, DISPUTE, CAUSE OF ACTION, OR LAWSUIT ARISING WITH RESPECT TO THE SERVICES OR PRODUCTS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO PRINCIPLES GOVERNING CONFLICTS OF LAW.  THE COURTS OF THE STATE OF TEXAS LOCATED IN DALLAS COUNTY, SHALL HAVE EXCLUSIVE JURISDICTION OVER YOU AND US WITH RESPECT TO SUCH CONTROVERSY, CLAIM, DISPUTE, CAUSE OF ACTION, OR LAWSUIT.  YOU SUBMIT TO THE VENUE IN, AND JURISDICTION OF, SUCH COURTS, INCLUDING THE IN PERSONAM AND SUBJECT MATTER JURISDICTION OF SUCH COURTS, WAIVING ANY OBJECTION TO SUCH VENUE OR JURISDICTION ON ANY GROUNDS WHATSOEVER.

 

11. Binding Arbitration. Any controversy, claim, dispute, cause of action, or lawsuit arising out of or relating to these Terms of Use, or its interpretation, application, implementation, breach or enforcement, and any other claim, controversy, or dispute between you and us relating in any way to the Services or Products which the parties are unable to resolve by mutual agreement will be settled by submission of such controversy, claim, dispute, cause of action, or lawsuit to binding arbitration in Dallas County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, with the stipulation that the matter shall be heard by a single arbitrator. In any such arbitration proceeding, the parties thereto agree to provide all discovery deemed necessary by the arbitrator. The decision and award made by the arbitrator shall be final, binding, and conclusive on all parties thereto for all purposes, and judgment may be entered thereon in any court having jurisdiction thereof. Additionally, any arbitration pursuant to these Terms of Use will take place on an individual basis and class-wide arbitrations are not permitted.

 

12. Severability and Modification.
    1. Severability.If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then such provision shall be fully severable and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms of Use.  Failure to enforce any particular provision of these Terms of Use shall not be construed as a waiver of any of the rights hereunder.  You agree that, if these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any such breach(es), in addition to any other available remedies.

     

    2. Modification. We may modify these Terms of Use, or any part thereof, or add or remove Terms of Use at any time without prior notice, and such modifications, additions, or deletions will be effective immediately upon posting of the same. Your access of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions. If you do not accept any such modifications, additions, or deletions, you must immediately discontinue your access of the Services.

 

13. Contact Information. If you have any questions regarding these Terms of Use, the Services, or the Products, you may email us at legal@communityarchives.com.

 

14. Notice of Intellectual Property Infringement. We respect the rights of all intellectual property holders, and in this regard, we seek to provide a method to notify us if you believe your copyright has been infringed. You may provide a written claim of copyright infringement at:

    Community Archives, Inc.

    Attention: Copyright Agent

    PO Box 831757

    Richardson, TX – 75083

     

    Your written claims concerning copyright infringement must include the following information:

    i. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed;

    ii. a description of the copyrighted work that you claim has been infringed upon;

    iii. a description of where the material that you claim is infringing is located in the Services;

    iv. your address, telephone number, and e-mail address;

    v. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.

     

     

Additional Terms and Conditions for Real Estate Professionals

If you are a real estate professional that is accessing the Services in your capacity as an agent to another person, you further represent and warrant to us that:

Additional Terms and Conditions for Sellers of Products 

The following additional terms and conditions of use (the “Additional Seller Terms”) are applicable to sellers of Products and govern your sale of Products conducted using the Services. If there is any conflict between the Additional Seller Terms and the general Terms of Use set forth above, the Additional Seller Terms will govern and prevail to the extent applicable to the sale of Products.

1. Capitalized Terms.All terms capitalizedbut not defined herein will have the meaning ascribed to them in the Terms of Use.

 

2. Registration; Authorization; Incorrect Information.
   1. General. All sellers of Products via the Services must register and create a seller’s account. We reserve the right to approve or deny any submitted account registration request, for any reason or no reason. You agree that we are entitled to fully rely on the information that you provide in connection with any such registration. The acceptance of any registration request does not indicate our endorsement or approval of any particular Product that may be sold by you.

    

   2. Account Registration. To start your enrollment as a seller, you must complete the procedures, prompts and directions for “Requirements for Access” under the Terms of Use.  We reserve the right to request financial, business, or other related information from you in order to verify your identity or otherwise evaluate your request to become a seller, and you understand that any failure to provide any requested information may result in the rejection of your account registration request. All information that you provide to us in connection with your account will be handled in accordance with our Privacy Notice.

    

   3. Authorization to Review Information. You agree we are authorized to verify, at our discretion, any information you provide in connection with your account registration request, and to the extent that this authorization requires you to provide permission or consent to third parties in connection with any such verification, you will promptly provide such permission or consent.

    

   4. Consequences for Incorrect Information. We reserve the right to suspend or deactivate your account if we determine that any information that you provided in connection with your account registration is or has become untrue or otherwise incorrect, or if we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, to violate any of our policies or notices pertaining to the Services, or in a manner that poses a risk of any kind to the Services. No suspension or deactivation of your account will limit or otherwise waive any other recourse or remedy that we may have against you. 

 

3. Product Listing; Ratings.
   1. Product Listing. Once registered as a seller, you may submit Products for listing and purchase through the Services in accordance with these Additional Seller Terms. You understand and agree that you are solely responsible for all contents in, and descriptions of, your Products, including the purchase price and any additional Product terms that are applicable to a purchase thereof. You further understand and agree that a purchase of any Product is a purchase that is made from you by the purchaser, and not from us.

    

   2. Ratings. The Services may include the ability for users and purchasers to rate and otherwise provide feedback on sellers and Products. You agree that we may publish any such ratings or feedback provided by purchasers, and that we will have no liability to you in connection with such ratings or feedback published.

 

4. Credit Card Information; Unpaid Amounts; Transaction Limits.
   1. Expenses. You are responsible for all of your expenses in connection with the sale of Products via the Services. In order to become a seller, you much provide and at all times maintain a valid credit card account (in a type that is then-accepted by us), as well as a direct bank account (that is acceptable to us) for purposes of settlement of charges and proceeds relating to your sale of Products via the Services.

    

   2. Unpaid Amounts. If at any time there are outstanding amounts owed to us by you, we may, at our sole discretion: (a) charge the credit card or bank account associated with your account; (b) setoff any amounts that are payable by you to us against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; or (d) collect payment or reimbursement from you by any other lawful means.

    

   3. Transaction Limits. Generally, we will provide you notification for each purchase transaction, through the Services, pertaining to your Products. We reserve the right to impose limits on the volume, amount, or type of purchase transactions, whether by amount, period of time, or some combination thereof, pertaining to purchases of some or all of your Products. You agree that we will have no lability to you, and hereby waive any claim relating to, our imposition of any of the foregoing limits, or our determination not to permit any particular purchase transaction to proceed as a result of the same.

 

5. Risk Borne by You. All risks arising out of the sale and use of your Products will be borne by you, including but not limited to those arising out of fraud or loss in connection with incomplete, inaccurate, or outdated information in connection with your account or Products.

 

6. Licensing. By accessing the Services, you grant us, without any further action on your or our part, a royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit images, logos, forms, and information (including but not limited to personally identifiable information) (such contained images, logos, forms, and information collectively, “Content”) contained in any of your Products, in whole or in part, worldwide in any form or technology for the full term of any copyright that may exist in such Content, without payment or attribution to you or to any third party. By providing, submitting, or uploading such Content on the Services, you represent and warrant that you own or have the right to use and license such Content in the manner stated under the Additional Seller Terms. To the extent permitted under applicable laws and regulations, you waive and release the Indemnified Parties, and agree not to assert against any of the Indemnified Parties, any intellectual property rights (including, as applicable, any moral rights) that you may have in any Content. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you declare that: (a) you have no objection to the publication, use, modification, deletion, and exploitation of the Content on or through the Services; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (c) you forever release the Indemnified Parties and their licensees, successors, and assigns, from any claims that you could otherwise assert by virtue of such moral rights. 

 

7. Your Responsibilities in connection with Your Products. In connection with your Products, you will: (a) source and ensure all information (including but not limited to personally identifiable information) is correct, complete, and accurate to satisfy person(s) that may utilize or rely on your Products; (b) ensure you have sufficient rights to utilize the Content in your Products; and (c) ensure that your offering of Products for purchase and use, and such ultimate use thereof, are in accordance with all applicable laws and regulations. You are and at all times will remain responsible for ensuring all information (including but not limited to personally identifiable information) is correct, complete, and accurate, and agree to promptly update your Products to reflect changes to any information (including but not limited to personally identifiable information) in order to keep such information in your Products correct, complete, and accurate. Notwithstanding anything in the Terms of Use or Additional Seller Terms, you understand that we have no obligation or duty to review or verify any Products you submit for listing and purchase through the Services, and we make no representation, warranty, or covenant in connection with reviewing or verifying your Products.

 

8. Additional Representations and Warranties. You further represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing, and in good standing under the laws of the country or state, as applicable, in which such business is organized; (b) you have all requisite right, power, and authority to enter into the Additional Seller Terms, perform your obligations, and grant the rights, licenses, and authorizations in the Additional Seller Terms; (c) any information (including but not limited to personally identifiable information) provided or made available by you is at all times accurate and complete; (d) any Products provided or made available by you will, at all times, be so provided or made available in compliance with all applicable laws; (e) you have the right, or otherwise possess the necessary third party authorization or consents, to use the Content in your Products; and (f) you will comply with all applicable laws and regulations in performance of your obligations and exercise of your rights and privileges under the Additional Seller Terms.

 

9. Customer Service Obligations. You agree that we have no customer service obligations in connection with your Products. Generally, we will seek to forward to your attention any inquiries or complaints received in connection with your Products. You will ensure that all of your Products conspicuously display a means of contacting you. You retain all responsibility for ensuring that your policies regarding your Products are consistent with the Terms of Use, Additional Seller Terms, Privacy Notice, and any other policies we have in effect or may adopt.

 

10. Further Limitation of Liability. YOU AGREE THAT WE ARE NOT INVOLVED IN THE OFFERING, SALE, AND PURCHASE OF YOUR PRODUCTS, AND YOU HEREBY RELEASE THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, DIRECT AND CONSEQUENTIAL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR CONNECTED WITH ANY DISPUTE BETWEEN YOU AND ANY PURCHASER, USER OF, POTENTIAL PURCHASER, OR POTENTIAL USER OF ANY PRODUCT.

 

11. Additional Indemnification Obligations; Right to Defend.
    1. Your additional indemnification obligations. In addition to any indemnification obligations you have under the Terms of Use, you agree to defend, indemnify, and hold harmless the Indemnified Parties from and against all liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by any of the Indemnified Parties arising out of: (a) the offering for sale, purchase, or use of your Products; (b) your non-compliance with applicable laws and regulations; (c) actual or alleged breach of any representations set forth in these Additional Seller Terms; (d) actual or alleged breach of your obligations to any third party in connection with the Content; and (e) intellectual property claims asserted in connection with the Content.

     

    2. Right to Defend. If any indemnified controversy, claim, dispute, cause of action, or lawsuit might adversely affect us, we may, in our sole discretion and to the extent permitted by applicable laws and regulations, voluntarily intervene in such controversy, claim, dispute, cause of action, or lawsuit at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified controversy, claim, dispute, cause of action, or lawsuit without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

 

12. Compliance with Privacy Laws. You agree you will fully and completely comply with all applicable laws and regulations relating to personal information (including but not limited to personally identifiable information) or data in connection with the offering and sale of your Products. You further agree that you shall store, secure and utilize such personal information (including personally identifiable information) and data in accordance with all applicable laws and regulations.

 

13. Relationship between You and Us. Nothing in the Terms of Use or Additional Seller Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. The Terms of Use and Additional Seller Terms will not create an exclusive relationship between you and us in connection with our delivering the Services. Nothing expressed, mentioned in, or implied from the Additional Seller Terms is intended or will be construed to give to any person other than the parties to the Additional Seller Terms any legal or equitable right, remedy, or claim under or in respect to the Additional Seller Terms. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Section of the Additional Seller Terms.

 

14. Modification. We reserve the right to add or remove to these Additional Seller Terms at any time with immediate effect irrespective of any modifications to the Terms of Use, including, but not limited to, for legal, regulatory, fraud, abuse prevention, security reasons, or to restrict Products that we deem inappropriate. Any modifications, additions, or deletions made to these Additional Seller Terms will be effective immediately upon posting of the same. Your access of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions to the Additional Seller Terms. If you do not accept any such modifications, additions, or deletions, you must immediately discontinue your access of the Services.