- Your Privacy.Your privacy is important to us. Please read the MarketSpace Privacy Statement (the “Privacy Statement“) as it describes the types of data we collect from you and your devices (“Data“) and how we use your Data. The Privacy Statement also describes how MarketSpace uses your content, which is your communications with others; postings or feedback submitted by you to MarketSpace via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services (“Your Content“). By using the Services or agreeing to these Terms, you consent to MarketSpace’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
- Your Content.Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
- When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. MarketSpace cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve MarketSpace products and services, you grant to MarketSpace a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.
III. Code of Conduct
- Code of Conduct.
- By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
- Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase ratings, or comments).
- Don’t circumvent any restrictions on access to or availability of the Services.
- Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or, photographs).
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
- MarketSpace prohibits all network marketing activities, business models and/or any and all network marketing payment arrangements.
- If you violate these Terms, we may stop providing Services to you or we may close your MarketSpace account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, MarketSpace reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
- Code of Conduct.
Using the Services & Support
- Using the Services & Support.
- MarketSpace account. You’ll need a MarketSpace account to access many of the Services. Your MarketSpace account lets you sign in to products, websites and services provided by MarketSpace and some MarketSpace partners.
- Creating an Account. You can create a MarketSpace account by signing up online. You agree not to use any false, inaccurate, or misleading information when signing up for your MarketSpace account. If you create a MarketSpace account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your MarketSpace account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your MarketSpace account.
- Account Use. You must use your MarketSpace account to keep it active. This means you must sign in at least once a year to keep your MarketSpace account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your MarketSpace account is inactive and will close it for you. Please see section 4(a)(iii) for the consequences of a closed MarketSpace account. You must sign into your MarketSpace account at least once in a one-year period, otherwise we may close your account. If we reasonably suspect that your MarketSpace account is being used by a third party fraudulently (for example, as a result of an account compromise), MarketSpace may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content.
- Using the Services & Support.
II. Closing Your Account.You can cancel specific Services or close your MarketSpace account at any time and for any reason. To close your account please visit your MarketSpace My Account page. When you ask us to close your MarketSpace account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your MarketSpace account will be closed. Please see section 4(a)(iii) below for a detailed explanation as to what happens when your MarketSpace account is closed. Logging back in during that 60-day period will reactivate your MarketSpace account.
- If your Services are canceled or your MarketSpace account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your MarketSpace account or will otherwise disassociate it from you and your MarketSpace account (unless we are required by law to keep it). You should have a regular backup plan as MarketSpace won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.
- MarketSpace Business Accounts.You can sign into certain services with a MarketSpace Business account. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the services may be subject to the agreements that MarketSpace has with you or your organization and these terms do not apply. If you use a work email address to access Services covered under these Terms, you may be prompted to update the email address associated with your MarketSpace account in order to continue accessing such Services.
- Additional Equipment/Data Plans.To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
- Service Notifications.When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your MarketSpace account. If you gave us your phone number in connection with your MarketSpace account then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.
- Customer support for the Services is available at http://Support.MarketSpace.com.
V. Service Use. All Marketspace users must adhere to the following service rules
- Any and all users must be verified by the MarketSpace.
- Leads that have an expected close date within 30 days of the current calendar date will be allowed to be submitted as MarketSpace leads or Exchange leads. Leads that have an expected close date will not be viewable for proposal until the expected close date is within 30 calendar days.
- Users of MarketSpace are prohibited from selling competing products and services to an exchange partner’s customer.
- MarketSpace agents and/or debit card holders are not employees of MarketSpace and therefore must pay any and all local, state, federal income tax required by law.
- An agency relationship is an independent contractor relationship only and does not entitle the agent to any employee benefits, all agents are responsible for paying their own taxes.
- An agency (independent contractor) relationship will be presumed upon the user registration on MarketSpace and uploading or purchasing a minimum of 1 lead on the MarketSpace platform.
Using Third-Party Apps and Services
- Service Availability.
- The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your MarketSpace account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
- We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and MarketSpace is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
Updates to the Services or Software, and Changes to These Terms
4. Updates to the Services or Software, and Changes to These Terms.
- We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your MarketSpace account.
- Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. MarketSpace isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
- Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
V. Payment Terms
- Payment Terms.If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for MarketSpace products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your MarketSpace was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
- Your Billing Account.To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the MarketSpace account management and billing account by signing into your account at www.marketspaceusa.com. Additionally, you agree to permit MarketSpace to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. By providing MarketSpace with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize MarketSpace to charge you for the Services or available content using your payment method; and (iii) authorize MarketSpace to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. MarketSpace will charge an agreement fee once the lead reaches the lead agreement state. MarketSpace will charge a minimum success fee less the agreement fee for all closed transaction.
- Recurring Payments.When you purchase the Services on a subscription basis (e.g., monthly, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to MarketSpace by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by MarketSpace. By authorizing recurring payments, you are authorizing MarketSpace to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, MarketSpace or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
- Automatic Renewal.Provided that automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
- Online Statement and Errors.MarketSpace will provide you with an online billing statement on the MarketSpace account management website, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If MarketSpace has identified a billing error, we will correct that error within 90 days.
- Refund Policy.Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that MarketSpace has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.
- Canceling the Services.You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the MarketSpace account management website. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
- Trial-Period Offers.If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
- Promotional Offers.From time to time, MarketSpace may offer Services for a trial period during which MarketSpace will not charge you for the Services. MarketSpace reserves the right to charge you for such Services (at the normal rate) in the event that MarketSpace determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
- Price Changes.We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- Payments to You.If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Contracting Entity, Choice of Law, Jurisdiction
- Choice of Law and Place to Resolve Disputes.If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Mecklenburg County, North Carolina, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
- Warranties. MARKETSPACE, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MARKETSPACE DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
- Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from MarketSpace or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
- Service-Specific Terms.The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms.
- Storage Allocation.If you have more content stored in your MarketSpace Documents account than is provided to you under the terms of your free or paid subscription service for MarketSpace Documents and you do not respond to notice from MarketSpace to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content on MarketSpace Documents.
- Service Performance.Depending on factors such as your equipment, internet connection and MarketSpace’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content.
- This section, and sections 1, 8 (for amounts incurred before the end of these Terms), 9,10, 11, 12, 13, 15, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and MarketSpace for your use of the Services. It supersedes any prior agreements between you and MarketSpace regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for MarketSpace’s successors and assigns.
- Export Laws.You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.
- Unsolicited Ideas.MarketSpace does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to MarketSpace through the Services or otherwise, you acknowledge and agree that MarketSpace shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
Notices and procedure for making claims of intellectual property infringement. MarketSpace respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
MarketSpace uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, MarketSpace may also disable or terminate accounts of users of MarketSpace services who may be repeat infringers.
Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.
Copyright and trademark notices. The Services are copyright © 2017 MarketSpace Corporation and/or its suppliers, 15720 Brixham Hill Ave, Suite 300 Charlotte, NC 28277, U.S.A. All rights reserved. MarketSpace and the names, logos, and icons of all MarketSpace products, software, and services may be either trademarks or registered trademarks of MarketSpace in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain MarketSpace website servers.
Stock quotes and index data (including index values). © 2013 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
You may not use any of the Dow Jones IndexesSM , index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.
Financial notice. MarketSpace isn’t a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn’t advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither MarketSpace nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice.
These terms (“Terms”) cover the use of those MarketSpace’s consumer products, websites, and services (the “Services”). You accept these Terms by creating a MarketSpace account through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.