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Terms of Use

BY USING www.montagio.com (THE “SITE” OR “Montagio”) and the services offered on the site (“SERVICES”), YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS”) THAT ARE LISTED HERE. THESE TERMS are legally binding. Sellers (“SELLERS”) refers to any Montagio users who sells products, events and classes (“ITEMS”) and uses any services offered by Montagio and Buyers (“BUYERS”) refers to any Montagio users who buys products, events and classes (“ITEMS”) and uses any services offered by Montagio.
By using the Site and the Services, in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation to users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. These terms applies to not only montagio members but also service providers who post advertisements on the “Services” section as well.

If you have any questions, please Contact us via the contact section of the Site.

1. Montagio – an online marketplace

Montagio is an online avenue where users can sell classes, events and products and buyers can buy products, signup for classes and/or events. Montagio is not directly involved in the transaction between buyers and sellers except as a temporary holder of funds until the transaction is complete. A transaction on montagio is defined as consisting of two parties (a montagio seller and a montagio buyer), where the buyer has expressed an intent to buy and has paid the seller via the site and the seller has expressed an intent to sell and has shipped the product to the buyer within a week after the buyer has paid online. Because Montagio is not the seller selling the products or services, Montagio has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Montagio does not pre-screen users or the content or information provided by users. Montagio cannot ensure that a buyer or seller will actually complete a transaction and consequently, does not transfer legal ownership of items from the seller to the buyer.

Montagio cannot guarantee the true identity, age, and nationality of a user and hence encourages all users to communicate directly with potential transaction partners through the tools available on the Site before entering a transaction. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Montagio is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Montagio. You use the Montagio services at your own risk. You and Montagio are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Modification

Montagio reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to this Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Montagio Services. If Montagio makes a material change Montagio will notify you here or by email or by means of a notice on our home page, or other places Montagio deems appropriate. What constitutes a "material change" will be determined at Montagio's sole discretion, in good faith, and using common sense and reasonable judgment.

Language

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

2. Software Use

The Software and the transmission of applicable data are subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

3. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Montagio's policies as stated in the Agreement and the Montagio policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Montagio, each of which is incorporated herein by reference and each of which may be updated by Montagio from time to time without notice to you:

Best Practices
Pricing
Privacy

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Montagio from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference

4. Refunds

Montagio charges 10% commission (Montagio commission) on every transaction plus paypal commission (2.9% of transaction value + $0.3/transaction – which are controlled by paypal). Seller will be paid the net amount after commissions, within 30 days of the transaction after accounting for any refunds and chargebacks issued by Buyers.

Days from date of sale

Product shipped to Buyer?

Amount refunded to Buyer

0-20 days

N

Full Amount

0-20 days

Y

Buyer needs to interact with Seller directly to get refund

21 days onwards

Regardless of whether shipped or not

Buyer needs to interact with Seller directly to get refund

For Event tickets and classes – the refund policies are as follows:

Days from date of sale

Amount refunded to Buyer

0-20 days

Full Amount

21 days onwards

Buyer needs to interact with Seller directly to get refund

Buyers are strongly encouraged to communicate with seller before purchasing to avoid returns and chargebacks

5. Registration, Account, Password, Security

To be a registered user of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MONTAGIO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MONTAGIO has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). MONTAGIO is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age (who can form legally binding contracts under applicable law), or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account. Individuals under the age of 18 must at all times use Montagio's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this and all cases, the adult is the user and is responsible for any and all activities.

As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Montagio, you must provide and maintain valid PayPal account or a valid physical address where a check can be mailed.

Account Transfer: You may not transfer or sell your Montagio account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Montagio's services are not available to temporarily or indefinitely suspended Montagio members. Montagio reserves the right, in Montagio's sole discretion, to cancel unconfirmed or inactive accounts. Montagio reserves the right to refuse service to anyone, for any reason, at any time.

Security and Breach: You agree to (a) immediately notify MONTAGIO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MONTAGIO cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that MONTAGIO shall be the sole arbiter of such dispute in its sole discretion and that MONTAGIO'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

Fees: Joining, setting up an account and listing classes, events and products on Montagio is free. Montagio charges only a percentage of the sales price when the item (class, product, event) sells. Montagio's Pricing, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Montagio's services are effective immediately after posting the changes on the Site. However, Montagio may choose to temporarily change the Pricing for Montagio's services for promotional events (for example, free listing days); such changes are effective when Montagio posts the temporary promotional event on the Site. Montagio may, at Montagio's sole discretion, change some or all of Montagio's services at any time. In the event Montagio introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with sales using Montagio. Montagio keeps accepted payment information on file. Montagio pays out all sales after deducting the commissions as listed in the Fees section.

Termination: If Montagio terminates a listing or your account, if you close your account, or if the payment of your Montagio commissions cannot be completed for any reason, you remain obligated to pay Montagio for all unpaid commissions plus any penalties, if applicable. If the users do not abide by the terms, the users risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).

6. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Montagio's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale on the listing. Your listings may only include text descriptions, graphics, pictures, videos and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. All sellers must abide by Montagio policies. These policies may include, for example, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All sellers listing policies must comply with Montagio's site-wide policies. Sellers are responsible for enforcing their own reasonable listing policies. Montagio reserves the right to request that a seller modify their listing policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Montagio transaction fees, misrepresent the item's location, or use another user's account without permission.

7. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding Montagio and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Montagio. Montagio does not control the Content provided by users that is made available on Montagio. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Montagio, you agree to accept such risks and that Montagio (and Montagio's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Montagio. Please use caution, common sense, and practice safe buying and selling when using Montagio.

Restricted Activities: Your Content and your use of Montagio shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  • Violate this Agreement, Best Practices, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Montagio staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Be obscene or contain child pornography
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Host images not part of a listing
  • Modify, adapt or hack Montagio or modify another website so as to falsely imply that it is associated with Montagio;
  • Appear to create liability for Montagio or cause Montagio to lose (in whole or in part) the services of Montagio's ISPs or other suppliers
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy, Best Practices, or other policy documents as posted on Montagio.
  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes
  • Impersonate any person or entity, including, but not limited to, an MONTAGIO representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • Upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of items listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • Intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.);
  • stalk or otherwise harass any person or entity

Furthermore, you may not list any item on Montagio (or consummate any transaction that was initiated using Montagio's service) that, by paying to Montagio the commission, could cause Montagio to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

8. Advertising Services

The Services section on Montagio is for various service providers such as movers, painting frame makers, carpenters etc. to post advertisements promoting their services that may be relevant to the members of Montagio. You agree to use the Services at your own risk and Montagio does not endorse any of the services and is NOT liable for any consequences whatsoever, which may result due to hiring the service providers and utilizing their services. By agreeing to use the services provided, you indemnify and hold MONTAGIO, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise)

9. Content and License

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by MONTAGIO in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. MONTAGIO may own the Site Content or portions of the Site Content may be made available to MONTAGIO through arrangements with third parties. Except as expressly authorized by MONTAGIO in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose.

Whether you are using the Services as a Buyer or Seller, you acknowledge that MONTAGIO does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that MONTAGIO and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that MONTAGIO may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce These Terms; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of MONTAGIO, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Montagio does not claim ownership rights on your Content. You grant Montagio a license solely to enable Montagio to use any information or Content you supply Montagio with, so that Montagio is not violating any rights you might have in that Content. You grant Montagio a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Montagio to store or re-format your Content on Montagio and display your Content on Montagio in any way as Montagio chooses. Montagio will only use personal information in accordance with Montagio's Privacy policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Montagio user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Montagio-related communications. Montagio has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Montagio user to your email or physical mail list.

Re-Posting Content: By posting Content on Montagio, it is possible for an outside website or a third party to re-post that Content. You agree to hold Montagio harmless for any dispute concerning this use. If you choose to display your own Montagio-hosted image on another website, the image must provide a link back to its listing page on Montagio.

10. Idea Submissions

Montagio considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Montagio shall not be liable for the disclosure or use of such Material. If, at Montagio's request, any member sends Material to improve the site (for example through the Forums or to customer support), Montagio will also consider that Material to be non-confidential and non-proprietary and Montagio will not be liable for use or disclosure of the Material. Any communication by you to Montagio is subject to this Agreement. You hereby grant and agree to grant Montagio, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

11. DMCA.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Services should be sent to admin@montagio.com

12. Access and Interference

Montagio may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Montagio is updated on a real-time basis and is proprietary or is licensed to Montagio by Montagio's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Montagio for any purpose whatsoever. . Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Montagio's sole discretion, an unreasonable or disproportionately large load on Montagio's infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Best Practices section from the Site except to the extent expressly permitted by without the prior express written permission of Montagio and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass Montagio's robot exclusion headers or other measures Montagio may use to prevent or restrict access to Montagio

13. Indemnity

You agree to defend, indemnify and hold MONTAGIO, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the products, classes and events listed on the Service; your use of, contribution to or connection with the Service; your violation of These Terms; and/or your violation of any rights of another. MONTAGIO shall provide notice to you of any such Claim, provided that the failure or delay by MONTAGIO in providing such notice shall not limit your obligations hereunder. MONTAGIO reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting MONTAGIO's defense of such matter.

Other Resources: Montagio is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Montagio does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Montagio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

14. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Montagio service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Montagio's net income).

15. Termination

MONTAGIO, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due MONTAGIO, or if MONTAGIO believes that you have violated or acted inconsistently with the letter or spirit of These Terms. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that MONTAGIO may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that MONTAGIO shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of These Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

16. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MONTAGIO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MONTAGIO MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. MONTAGIO IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-SELLER, SELLER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND MONTAGIO WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT MONTAGIO HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-SELLERS' AND SELLERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-SELLERS AND SELLERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Sellers, Sellers and/or third parties in connection with the Site or any Services to MONTAGIO. MONTAGIO, in its sole discretion, may investigate the claim and take necessary action.

17. Limitation of Liability

MONTAGIO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONTAGIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND MONTAGIO'S REASONABLE CONTROL. MONTAGIO SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, MONTAGIO IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND MONTAGIO HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. Release

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE MONTAGIO, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER SELLERS, BUYERS, AND OTHER NON-SELLERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Should you have a dispute with one or more users, or an outside party, you release Montagio (and Montagio's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Montagio encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Montagio, for the benefit of users, may try to help users resolve disputes. Montagio does so in Montagio's sole discretion, and Montagio has no obligation to resolve disputes between users or between users and outside parties. To the extent that Montagio attempts to resolve a dispute, Montagio will do so in good faith based solely on Montagio's policies. Montagio will not make judgments regarding legal issues or claims.

19. Privacy

All information provided by you or collected by MONTAGIO in connection with the Services is governed by MONTAGIO's Privacy Policy, a copy of which is located on the site via a hyperlink. MONTAGIO strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. MONTAGIO shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. MONTAGIO does not control and shall not be responsible for the acts of you or any other users (whether Sellers, Buyers, other non-Sellers or otherwise) of the Services.

20. Trademark Information

The trademarks, service marks, logos, designs, page headers, button icons, scripts and service names MONTAGIO (the "Montagio Trademarks") used and displayed in connection with the Services are registered trademarks, trademarks or trade dress of Montagio Inc. in the US and other countries. Montagio's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with MONTAGIO Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of MONTAGIO specific for each such use. The Trademarks may not be used to disparage MONTAGIO, any third party or MONTAGIO's or third party's products or services, or in any manner (in MONTAGIO's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless MONTAGIO approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any MONTAGIO Trademark shall inure to MONTAGIO's benefit.

General Entire Agreement

These Terms  constitutes the entire agreement between you and MONTAGIO and governs your use of the Services as a Buyer, Seller or other user using the services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and MONTAGIO on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by these Terms.

Choice of Law

These Terms and the provision of the Services to you are governed by the laws of the state of California, U.S.A.; as such laws are applied to agreements entered into and to be performed entirely within California by California residents.

Arbitration

Any controversy or claim arising out of or relating to these Terms or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fremont, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and MONTAGIO agree to submit to the personal jurisdiction of the courts located within the city and county of Alameda, California. Either you or MONTAGIO may seek any interim or preliminary relief from a court of competent jurisdiction in Fremont, California, necessary to protect the rights or property of you or MONTAGIO (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

Waiver; Invalid Provisions

The failure or delay of MONTAGIO to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Time to File Claim

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

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