OJÀ Marketplace Terms Of Service

Terms and Conditions - Seller
Effective June 1 2020

Welcome to OJÀ Marketplace! You are now reading our Terms of Use (“Terms“), an agreement between you and OJÀ Marketplace, Inc. (“OJÀ Marketplace“), for your use of our online platform and service, which connects people selling items online (“Sellers“) with people who want to purchase those items (“Buyers“). The platform and service are available at www.ojamarketplace.com (the “Site“) and eventually on our mobile device application (the “App“). To make these Terms easier to read, our online platform and service, the Site and the App are collectively called the “Services.”

ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND OJÀ Marketplace WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

What We Do and What We Don't Do
OJÀ Marketplace is a technology services and platform provider and not a retailer. Through the Services, we offer a technology service and platform to allow Buyers and Sellers to connect. Sellers can sign up to the Services and offer their items for saleby posting a Product (“Product“). Buyers can sign up to the Services if they want to purchase such items.

We do not sell any items ourselves. Our responsibilities under these Terms are limited solely to facilitating the availability of our technology services and platform.

We use third parties to process payments and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Product, we do so as an agent of the applicable Seller.

Your access to the Services and your Product and sale of any items through the Services are at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.

Agreement to Terms
By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Use of the Services
You may use the Services only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that OJÀ Marketplace provides are always evolving and the form and nature of the Services that OJÀ Marketplace provides may change from time to time without prior notice to you. In addition, OJÀ Marketplace may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.

In order to use certain Services (for example, to create a Product), you will need to register with OJÀ Marketplace, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address. In addition, in order to sell on OJÀ Marketplace we may ask you to provide details regarding yourself, your business, sales history, employees and other information that we deem relevant. We may review your application and registration forms and may approve or deny your request to create a Seller account at our sole discretion. We may also remove your ability to sell on OJÀ Marketplace after you have first been approved, at our sole discretion.

You may not create more than one Seller account on OJÀ Marketplace without prior approval from us. You may not use a username for the purpose of impersonating another person or entity, including staff or any other representative of OJÀ Marketplace. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.

By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.

You may also link your OJÀ Marketplace account with your account on third-party sites, such as Facebook (such account, a “Third-Party Account“). If you provide your Third-Party Account credentials to us or otherwise link your OJÀ Marketplace account with a Third-Party Account, we will extract certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access.

Passwords
You are responsible for safeguarding the password that you use to access the Services. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify OJÀ Marketplace of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. OJÀ Marketplace is not liable for any loss or damage arising from your failure to comply with the above requirements.

No Endorsement; No Employment
We welcome all Sellers to apply to sell on OJÀ Marketplace, as long as you are selling or offering to sell items that aren’t illegal and comply with these Terms. However, we don’t endorse any Sellers or any items they may offer for sale through the Services. Posting a Product on the Services does not mean you or your items are endorsed by us in any way. We reserve the right to conduct background checks on any seller and you agree to cooperate with us and to provide us with all information we request from you in the event that we decide to conduct a background check on you. We’re not responsible for any damage or harm resulting from your communications or interactions with a Buyer. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Buyers or other third parties will be limited to a claim against the Buyers or other third parties who caused you harm and you agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to such actions or omissions.

Sellers are not employees, agents or otherwise contractors of OJÀ Marketplace and we do not, in any way, supervise, direct, or control a Seller. Nothing in these Terms will be construed as establishing an employment or agency relationship between OJÀ Marketplace and you or any of your personnel. You have no authority to bind OJÀ Marketplace by contract or otherwise.

Selling
If you use the Services to sell items, you agree to abide by rules and policies which are described in detail on the OJÀ Marketplace Become A Seller section and in the Services (“Seller Rules“), which are hereby incorporated by reference. In the event of any conflict between the text in these Terms and Conditions and the Seller Rules, the Seller Rules will govern. If you do not agree to these Seller Rules, do not post Products for sale. Failure to comply with any of the Seller Rules may result in your account being suspended or banned from participating in the Services. OJÀ Marketplace also reserves the right to withhold payments from sellers who violate seller policies. Payments will be held until the seller and their account are compliant with all policies.

Products
When you create a Product you will need to provide certain information about your item, including a description, price, shipping costs (if any), and any other applicable terms of the sale. It is important that such information be complete and accurate. You agree that you are responsible for all Products you post. We want to be able to publish as many Products as possible, but we reserve the right to remove a Product for any reason at our absolute discretion.
Fees
Products and sales made through the Services are subject to payment of certain fees, which are described in the Fees & Payout section (the “Fees“). The percentages and fixed amounts for the Fees for any product or sale may vary by seller, category or promotion. Unless otherwise stated, all Fees are quoted in U.S. Dollars. The applicable Fees will be deducted from the payment of the Sale Price paid by the Buyer prior to the funds being released to your account.

Payments
Subject to these Terms, the Services may facilitate payments to, and refunds from, Sellers. Payments and refunds facilitated by the Services are processed by third parties. If, and to the extent, OJÀ Marketplace accepts, holds or transmits funds in connection with your Confirmed Sale, you agree that OJÀ Marketplace does so, on your behalf, as your limited agent and you hereby appoint OJÀ Marketplace as your limited agent solely for the purpose of accepting payments from, and refunding payments to, Buyers on your behalf. You agree that OJÀ Marketplace may use third parties to process payments, refunds or payouts through the Services and that OJÀ Marketplace has no obligation to accept, hold or transmit funds on your behalf. In accepting appointment as your limited agent, OJÀ Marketplace assumes no liability for any of your acts or omissions. You agree that, in accordance with OJÀ Marketplace refund policy the Buyer may cancel a purchase and we may refund to the Buyer the amount specified in such refund policy.

When a Buyer pays you, the applicable Fees are automatically deducted from the payment before it is paid to you. Payment will be disbursed to you, provided that the aggregate amount to be disbursed to you exceeds $5.00, on a date selected by OJÀ Marketplace, after delivery of the item has been confirmed through the tracking information you provide in connection with shipment (as further described below). If delivery cannot be confirmed, and an Item Not Received dispute has not been opened by the buyer, orders will be marked as payable after 30 days (for US to US orders) or 60 days (for international or cross-border orders) after you mark the item as being shipped and the order shows an acceptance scan from a carrier. Additionally, if a return request is opened by the Buyer prior to the payment being disbursed, payment will be held until the return is resolved. OJÀ Marketplace also reserves the right to withhold payments from sellers who violate seller policies, payments will be held until the seller and their account is compliant with all policies.

OJÀ Marketplace uses third partiesto originate credit transfers to your financial institution account. You expressly authorize OJÀ Marketplace’s service providers to originate credit transfers to your financial institution account. You also authorize OJÀ Marketplace and OJÀ Marketplace’s payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by debiting or crediting your financial institution account.

Shipping
You agree to ship items purchased by Buyers promptly after payment, but in no event longer than 5 days. Each shipment is required to ship with a valid tracking number from a supported carrier. For detailed shipping requirements, please review our Fulfillment & Shipping page
Refunds
You acknowledge and agree that each Confirmed Sale will be subject to OJÀ Marketplace’s refund policy. If a Buyer cancels a Purchase and requests a refund after payment but before the Seller has indicated that the item has been shipped (“Marked as Shipped“) the refund will be issued and the Seller will be billed. In addition, if a shipment is refused, undeliverable as addressed or returned to you without being delivered, you agree to issue a full refund.

If a full refund is issued shortly after an order is paid, the Purchase is voided. If you issue a full refund after the payment has been disbursed to you, OJÀ Marketplace will reimburse the Buyer directly and you will be invoiced for any amount disbursed to you in connection with the sale.

Taxes
As used in these Terms, “Tax” or “Taxes” mean sales taxes, value added taxes (VAT), goods and services taxes (GST),and other similar municipal, state and federal direct, indirect or other withholding and personal or corporate income taxes imposed on a Seller or on amounts collected from Buyers.

Sellers will need to determine their own Tax reporting and payment requirements. You can do this in consultation with a tax advisor if you like. We do not and cannot offer Tax-related advice to any Sellers – we leave that to the experts! Please note that you are responsible for determining any applicable Taxes on your items or on the amounts collected by us on your behalf. We recommend considering potential Tax implications in selling on OJÀ Marketplace as you are responsible for accounting for all applicable Taxes from the Sale Price. We are not responsible for determining the amount of, or invoicing Buyers for, Taxes.

Your Obligations
You agree to pay the applicable Fees, to assume full responsibility for the content of your Product and your items offered for sale. You agree to display information accurately about your Products, to ship items purchased by Buyers promptly after payment, to adhere to all Product Listing Guidelines and to respond to enquiries from OJÀ Marketplace in a timely manner. You will not list any items that are prohibited by law or are otherwise listed as prohibited in our Prohibited Items list.You will not transfer your OJÀ Marketplace account, including feedback and your user ID, to any other party without our consent.
Liability and Disputes
You understand and agree that we do not act as your insurer, broker, contracting agent or other representative, other than as noted in the Payments section above. If a Buyer purchases an item from you, any contract that you enter into with the Buyer, written or oral, will be between you and the Buyer only. You acknowledge and agree that you, and not us, will be responsible for performing the obligations of any contracts with Buyers, and we are not a party to such contracts and disclaim all liability arising from or related to such contracts.

OJÀ Marketplace does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale, nor does OJÀ Marketplace have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information associated with Products. OJÀ Marketplace is not liable or responsible for defective items. If an item sold on OJÀ Marketplace is delivered in a defective condition, a Buyer’s sole remedy is with the Seller.

If a Buyer has any concerns about you or your items, they may contact you through the Services or contact OJÀ Marketplace, which will reach out to you, to try and resolve their concerns. On the same note, if you have any concerns about a Buyer’s purchase, you should contact OJÀ Marketplace.

Without limiting the foregoing, OJÀ Marketplace reserves the right in its sole discretion to resolve disputes between Buyers and Sellers. You agree that OJÀ Marketplace has the right to make the final decision in any dispute where OJÀ Marketplace chooses to intervene. If we resolve a dispute in the Buyer’s favor, we may, but are not required to, issue a refund for up to the full cost of the item in dispute, including shipping, and require the Seller to reimburse us for the full amount refunded, including, in some cases, shipping costs. The foregoing paragraph states OJÀ Marketplace’s entire liability and obligation to Buyers and Sellers in connection with any dispute between such parties.

Buyer/Seller Feedback
Users may submit feedback information regarding Sellers and Buyers that use the Services. You may only use the rating and feedback features for the bona-fide purpose of submitting feedback regarding the experience you had. Any other use of the feedback system is prohibited. You may not threaten to withhold refunds in order to avoid negative feedback or receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user’s rating. Feedback information submitted by a user may be made available through the Services to other users.
Privacy
Any personal information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your personal information. You understand that by using the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by OJÀ Marketplace.
Communications
As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

If you provide your cellular phone number and agree to receive communications from OJÀ Marketplace, you specifically authorize OJÀ Marketplace to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services and may opt out of such messages.

Content
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Buyers and Sellers (including you) provide to be made available through the Services (including Content associated with your Products). Content includes without limitation User Content.

All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will OJÀ Marketplace be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

OJÀ Marketplace may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. OJÀ Marketplace cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or OJÀ Marketplace, responsible for any inaccuracies.

Subject to your compliance with these Terms, OJÀ Marketplace grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

Your User Content
Your User Content will be viewable by other users of the Services. You should only make available information or provide User Content that you are comfortable sharing with others under these Terms. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners.

OJÀ Marketplace is not responsible or liable for any use of your User Content by OJÀ Marketplace in accordance with these Terms. You represent and warrant that: (i) you have all the rights, power and authority necessary (you own it or have the right to use it) to grant the rights granted herein to any User Content submitted; and (ii) your User Content or your use and provision of your User Content to be made available through the Services does not violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity or result in the violation of any applicable law or regulation.

You may request removal of your User Content from the Services at any time by specifically deleting it or sending a request to customer support. Some User Content cannot be deleted entirely as it may be needed for tax or other purposes by either OJÀ Marketplace or another user. If you choose to remove your User Content or cancel your account, your User Content will be removed from public viewing as soon as is practical, (although back-up copies may survive for archival and record keeping purposes), provided, however, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content on the Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

For all authorized users irrespective of country of residence, by submitting, posting or displaying User Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with the Services, including for commercial, advertising and promotional purposes relating to the Services or your items. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use your User Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the User Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with OJÀ Marketplace.

We may need to modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media and you hereby grant us the rights to do so. OJÀ Marketplace claims no ownership of any User Content submitted, posted or displayed by you on or through the Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Services, subject to the exceptions noted herein, and you are solely responsible for protecting those rights.

OJÀ Marketplace Ownership Rights
All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of OJÀ Marketplace and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the OJÀ Marketplace name or any of the OJÀ Marketplace trademarks, logos, domain names, or other distinctive brand features. You may use the OJÀ Marketplace name or any of the OJÀ Marketplace trademarks, logos, domain names, or other distinctive brand features only in the event OJÀ Marketplace grants you the right to do so in a separate written agreement. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates the rights of OJÀ Marketplace or any third party. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding OJÀ Marketplace or the Services are entirely voluntary and are the sole and exclusive property of OJÀ Marketplace. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and OJÀ Marketplace is free to use them as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services
We reserve the right at all times (but are not obligated to) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Seller Rules. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of OJÀ Marketplace, its users and the public.

Unless you have been specifically permitted to do so in a separate written agreement with OJÀ Marketplace and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content (except your User Content) or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose.

You may not do any of the following while accessing or using the Services:

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; or (v) promotes illegal or harmful activities or substances;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
impersonate or misrepresent your affiliation with any person or entity;
access, tamper with, or use non-public areas of the Services, OJÀ Marketplace’s computer systems, or the technical delivery systems of OJÀ Marketplace’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by OJÀ Marketplace unless you have been specifically allowed to do so in a separate agreement with OJÀ Marketplace;
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OJÀ Marketplace or any of OJÀ Marketplace’s providers or any other third party (including another user) to protect the Services or Content;
use, display, mirror or frame the Services, any individual element within the Services, or the layout and design of any page or form contained on a page, without OJÀ Marketplace’s express written consent;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Copyright Policy
OJÀ Marketplace respects copyright law and expects its users to do the same. It is the policy of OJÀ Marketplace to disable and/or terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including, without limitation, if you violate the letter or spirit of any of these Terms, or otherwise create risk or possible legal exposure for us. You may cancel your Account at any time by emailing support@ojamarketplace.com

Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Unless OJÀ Marketplace otherwise notifies you in writing, you agree to fulfill any Confirmed Sales that have not yet been shipped upon termination. Any payment for such Confirmed Sales will be subject to delivery being confirmed.

The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OJÀ Marketplace DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We make no guarantee as to the duration or manner in which items appear on OJÀ Marketplace, whether in our catalog, at auction, or otherwise. OJÀ Marketplace is not responsible or liable for any harm to your computer system, loss of data, glitches, bugs, errors, delays, disruptions, or other harm that results from your access to or use of, inability to access or use, the Services, or any Content. You agree that OJÀ Marketplace is not liable for any damage or losses resulting directly or indirectly from any suspension of your account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from OJÀ Marketplace or through the Services, will create any warranty not expressly made herein.

Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not 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 third party content, goods, or services, including but not limited to: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, legality, appropriateness, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OJÀ Marketplace of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge that your use of any third-party websites or resources is governed by that party’s terms and privacy policy.
Indemnity
You agree to defend, indemnify, and hold harmless OJÀ Marketplace and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services, (ii) your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf; and (iii) any items sold by you via the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OJÀ MARKETPLACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY ITEMS SOLD OR PURCHASED THROUGH THE SERVICES; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OJÀ MARKETPLACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL OJÀ MARKETPLACE’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED THE AMOUNT YOU PAID OJÀ MARKETPLACE FOR THE USE OF THE SERVICES DURING THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO OJÀ MARKETPLACE, OR $50 IF YOU HAVE NOT MADE ANY PAYMENTS TO OJÀ MARKETPLACE.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver & Severability
The failure of OJÀ Marketplace to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section below or by a court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or timely opt out of arbitration as set forth below), the remaining provisions of these Terms will remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without OJÀ Marketplace’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OJÀ Marketplace may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice
Any notices or other communications provided by OJÀ Marketplace to you under these Terms, including those regarding modifications to these Terms, will be given by OJÀ Marketplace: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law & Jurisdiction
These Terms and any action related thereto are governed by the laws of the State of North Carolina, without regard to or application of its conflict of law provisions or your state or country of residence.
Dispute Resolution for Commercial Entities
If you are accessing and using the Services on behalf of a company or other legal entity, any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Mecklenburg County,North Carolina, in English. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and Mediation Procedures (the “AAA Commercial Rules“) then in effect. (The AAA Commercial Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution for Commercial Entities” section.

Dispute Resolution for Consumers
Agreement to Arbitrate

If you are accessing and using the Services as an individual, you and OJÀ Marketplace agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action“). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide OJÀ Marketplace with written notice of your desire to do so by email to support@ojamarketplace.comwithin thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice“). If you don’t provide OJÀ Marketplace with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide OJÀ Marketplace with an Arbitration Opt-out Notice, will be the state and federal courts located in Mecklenburg County, North Carolina and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide OJÀ Marketplace with an Arbitration Opt-out Notice, you acknowledge and agree that you and OJÀ Marketplace are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and OJÀ Marketplace otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution for Consumers” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution for Consumers” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the “AAA Consumer Rules“) then in effect, except as modified by this Section 18.3. (The AAA Consumer Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution for Consumers” section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Consumer Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Consumer Rules.

Arbitration Location and Procedure

Unless you and OJÀ Marketplace otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and OJÀ Marketplace submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Consumer Rules. Subject to the AAA Consumer Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Consumer Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. You are responsible to pay any fees should the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provision regarding changes to these Terms in the “Entire Agreement” section below, if OJÀ Marketplace changes this “Dispute Resolution for Consumers” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email tosupport@ojamarketplace.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of OJÀ Marketplace’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and OJÀ Marketplace in accordance with the provisions of this “Dispute Resolution for Consumers” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Entire Agreement
These Terms, the Seller Rules and the Category Terms are the entire and exclusive agreement between OJÀ Marketplace and you regarding the Services, and these Terms supersede and replace any prior agreements between OJÀ Marketplace and you regarding the Services. These Terms apply only to OJÀ Marketplace and you. These Terms are not intended to, and shall not, create any third party beneficiary rights, except as expressly provided in these Terms.

We may revise these Terms from time to time. If we make any material changes to these Terms, we will notify you of such changes by posting them on the OJÀ Marketplace website or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by OJÀ MarketplaceLL., If you have any questions about these Terms, please us at support@ojamarketplace.com





Terms and Conditions - Buyer
Effective June 1, 2020
Welcome to OJÀ Marketplace! You are now reading our Terms and Conditions (“Terms“), an agreement between you and OJÀ Marketplace LLC. (“OJÀ Marketplace“), for your use of our online platform and service, which connects people selling items online (“Sellers“) with people who want to purchase those items (“Buyers“). The platform and service are available at www.ojamarketplace.com (the “Site“) and eventually on our mobile device application (the “App“). To make these Terms easier to read, our online platform and service, the Site and the App are collectively called the “Services.”

ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND OJÀ MARKETPLACE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

What We Do and What We Don’t Do
OJÀ Marketplace is a technology services and platform provider and not a retailer. Through the Services, we offer a technology service and platform to allow Buyers and Sellers to connect. Sellers can sign up to the Services and offer their items for sale by posting a listing (“Listing”). Buyers can sign up to the Services if they want to purchase such items.

We do not sell any items ourselves. Our responsibilities under these Terms are limited solely to facilitating the availability of our technology services and platform.

We use third party companies to process payments by Buyers and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Listing, we do so as an agent of the applicable Seller.

Your access to the Servicesand your purchase of any items through the Services are at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.

Agreement to Terms
By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Use of the Services
You may use the Services only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that OJÀ Marketplace provides are always evolving and the form and nature of the Services that OJÀ Marketplace provides may change from time to time without prior notice to you. In addition, OJÀ Marketplace may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.

In order to use certain Services you will need to register with OJÀ Marketplace, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address. You may not use a username for the purpose of impersonating another person or entity, including staff or any other representative of OJÀ Marketplace. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.

By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.

You may also link your OJÀ Marketplace account with your account on third-party sites, such as Facebook (such account, a “Third-Party Account”). If you provide your Third-Party Account credentials to us or otherwise link your OJÀ Marketplace account with a Third-Party Account, we’ll extract certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access.

Passwords
You are responsible for safeguarding the password that you use to access the Services. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify OJÀ Marketplace of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You may contact OJÀ Marketplace to make this notification by emailing support@ojamarketplace.com. OJÀ Marketplace is not liable for any loss or damage arising from your failure to comply with the above requirements.

No Endorsement
We do not endorse any Sellers or any items they may offer for sale through the Services. We are not obliged to conduct background checks on any Seller, but we might do so on a discretionary basis. We are not responsible for any damage or harm resulting from your communications or interactions with a Seller. Sellers are not employees, agents or otherwise contractors of OJÀ Marketplace and we do not, in any way, supervise, direct, or control a Seller. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Sellers or other third parties will be limited to a claim against the Sellers or other third parties who caused you harm and you agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to such actions or omissions.
Bidding & Buying
If you purchase an item using our Services (a “Purchase”) you agree to pay the applicable purchase price (the “Purchase Price”).

If you make a Purchase, you may be asked to provide payment information, including your credit card number, your bank account and routing number, the expiration date of your credit card, your address(es) for billing and delivery, and other information about your financial accounts (such information, “Payment Information”). If you make a Purchase, you authorize OJÀ Marketplace and OJÀ Marketplace’s payment processor(s) to use the Payment Information to charge your designated payment account. You also authorize OJÀ Marketplace and OJÀ Marketplace’s payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by using the Payment Information to debit or credit the payment account used in the applicable transaction.

You agree to bear any additional charges that your bank or other financial service provider may levy on you. You will receive a confirmation email once the transaction is complete. If you have any concerns or objections regarding charges, you agree to raise them first with us and you agree not to cancel, reject, chargeback or request reversal of any charges related to a Purchase unless you have made a reasonable attempt at resolving the matter directly with OJÀ Marketplace.

Because Buyers and Sellers may be located in separate and applicable tax jurisdictions, a Purchase may be subject to local sales, Customs or value-added taxes or additional postage upon delivery. These taxes or additional postage fees are not charged by or through the Services and OJÀ Marketplace cannot be responsible for or provide order-specific advice regarding additional taxes or postal fees.

When you make a Purchase via the Services, you are purchasing directly from the applicable Seller of the item, not from OJÀ Marketplace. Any details regarding the item, including but not limited to product descriptions, warranties offered, or any other terms set forth in the Listing are between you and the applicable Seller. You should review and familiarize yourself with any and all terms of sale provided by the Seller prior to purchasing an item using our Services.

Liability and Disputes
OJÀ Marketplace does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale, nor does OJÀ Marketplace have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information associated with Listings. OJÀ Marketplace is not liable or responsible for defective items. California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. If a product does not comply with California Prop 65 regulations, the applicable Seller is required to include a warning in the listing description.

If an item sold on OJÀ Marketplace is delivered to you in a defective condition, or if you do not want to keep a delivered item for any reason, your sole remedy is to return the product directly to the Seller. Items must be returned within 10 days of the delivery date using a valid, electronically visible tracking number. Full refund of the purchase price including original shipping will be processed once return is verified through tracking.

OJÀ Marketplace reserves the right in its sole discretion to determine if and when return postage will be provided to the buyer or cost of return shipping will be partially reimbursed as store credit.

Buyer/Seller Feedback
Users may submit feedback information regarding Sellers that use the Services. You may only use the rating and feedback features for the bona-fide purpose of submitting feedback regarding the experience you had. Any other use of the feedback system is prohibited. You may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user’s rating. Feedback information submitted by a user may be made available through the Services to other users.
Privacy
Any personal information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your personal information. You understand that by using the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by OJÀ Marketplace.

Communications
As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

If you provide your cellular phone number and agree to receive communications from OJÀ Marketplace, you specifically authorize OJÀ Marketplace to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services and may opt out of such messages.

Content
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Buyers and Sellers (including you) provide to be made available through the Services. Content includes without limitation User Content.

All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will OJÀ Marketplace be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

OJÀ Marketplace may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. OJÀ Marketplace cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or OJÀ Marketplace, responsible for any inaccuracies.

Subject to your compliance with these Terms, OJÀ Marketplace grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

Your User Content
Your User Content will be viewable by other users of the Services. You should only make available information or provide User Content that you are comfortable sharing with others under these Terms. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. OJÀ Marketplace is not responsible or liable for any use of your User Content by OJÀ Marketplace in accordance with these Terms. You represent and warrant that (i) you have all the rights, power and authority necessary (you own it or have the right to use it) to grant the rights granted herein to any User Content submitted; and (ii) your User Content or your use and provision of your User Content to be made available through the Services does not violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity or result in the violation of any applicable law or regulation.

You may request removal of your User Content from the Services at any time by specifically deleting it or sending a request to customer support. Some User Content cannot be deleted entirely as it may be needed for tax or other purposes by either OJÀ Marketplace or another user. If you choose to remove your User Content or cancel your account, your User Content will be removed from public viewing as soon as is practical, (although back-up copies may survive for archival and record keeping purposes), provided, however, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content on the Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

For all authorized users irrespective of country of residence, by submitting, posting or displaying User Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use your User Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the User Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with OJÀ Marketplace.

We may need to modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media and you hereby grant us the rights to do so.

OJÀ Marketplace claims no ownership of any User Content submitted, posted or displayed by you on or through the Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Services, subject to the exceptions noted herein, and you are solely responsible for protecting those rights.

OJÀ Marketplace Ownership Rights
All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of OJÀ Marketplace and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the OJÀ Marketplace name or any of the OJÀ Marketplace trademarks, logos, domain names, or other distinctive brand features. You may use the OJÀ Marketplace name or any of the OJÀ Marketplace trademarks, logos, domain names, or other distinctive brand features only in the event OJÀ Marketplace grants you the right to do so in a separate written agreement. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates the rights of OJÀ Marketplace or any third party. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding OJÀ Marketplace or the Services are entirely voluntary and are the sole and exclusive property of OJÀ Marketplace. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and OJÀ Marketplace is free to use them as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services
We reserve the right at all times (but are not obligated) to remove or refuse to distribute any Content on the Services, which violates these Terms or the OJÀ Marketplace Rules for using the Services and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or, (v) protect the rights, property or safety of OJÀ Marketplace, its users and the public.

Unless you have been specifically permitted to do so in a separate written agreement with OJÀ Marketplace and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content (except your User Content) or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, OJÀ Marketplace’s computer systems, or the technical delivery systems of OJÀ Marketplace’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by OJÀ Marketplace (and only pursuant to those terms and conditions, if any, that are applicable) unless you have been specifically allowed to do so in a separate agreement with OJÀ Marketplace; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OJÀ Marketplace or any of OJÀ Marketplace’s providers or any other third party (including another user) to protect the Services or Content; or (vii) use, display, mirror or frame the Services, any individual element within the Services, or the layout and design of any page or form contained on a page, without OJÀ Marketplace’s express written consent.

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Copyright
OJÀ Marketplace respects copyright law and expects its users to do the same. It is the policy of OJÀ Marketplace to disable and/or terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including, without limitation, if you violate the letter or spirit of any of these Terms, or otherwise create risk or possible legal exposure for us. You may cancel your Account at any time by emailing support@ojamarketplace.com.

Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OJÀ Marketplace DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We make no guarantee as to the duration or manner in which items appear on OJÀ Marketplace, whether in our catalog, at auction, or otherwise. OJÀ Marketplace is not responsible or liable for any harm to your computer system, loss of data, glitches, bugs, errors, delays, disruptions, or other harm that results from your access to or use of, inability to access or use, the Services, or any Content. You agree that OJÀ Marketplace is not liable for any damage or losses resulting directly or indirectly from any suspension of your account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from OJÀ Marketplace or through the Services, will create any warranty not expressly made herein.

Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not 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 third party content, goods, or services, including but not limited to: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, legality, appropriateness, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OJÀ Marketplace of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge that your use of any third-party websites or resources is governed by that party’s terms and privacy policy.

Indemnity
You agree to defend, indemnify, and hold harmless OJÀ Marketplace and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OJÀ MARKETPLACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY ITEMS SOLD OR PURCHASED THROUGH THE SERVICES; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OJÀ MARKETPLACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL OJÀ MARKETPLACE’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $50.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver & Severability
The failure of OJÀ Marketplace to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section below or by a court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or timely opt out of arbitration as set forth below), the remaining provisions of these Terms will remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without OJÀ Marketplace’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OJÀ Marketplace may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice
Any notices or other communications provided by OJÀ Marketplace to you under these Terms, including those regarding modifications to these Terms, will be given by OJÀ Marketplace: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law
These Terms and any action related thereto are governed by the laws of the State of North Carolina, without regard to or application of its conflict of law provisions or your state or country of residence.
Dispute Resolution for Commercial Entities
If you are accessing and using the Services on behalf of a company or other legal entity, all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the state and federal courts located in Mecklenburg County, North Carolina, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Dispute Resolution for Consumers
Agreement to Arbitrate

If you are accessing and using the Services as an individual, you and OJÀ Marketplace agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide OJÀ Marketplace with written notice of your desire to do so by email at support@ojamarketplace.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide OJÀ Marketplace with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide OJÀ Marketplace with an Arbitration Opt-out Notice, will be the state and federal courts located in Mecklenburg County, North Carolina and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide OJÀ Marketplace with an Arbitration Opt-out Notice, you acknowledge and agree that you and OJÀ Marketplace are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and OJÀ Marketplace otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution for Consumers” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution for Consumers” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 18.3. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution for Consumers” section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Consumer Rules.

Arbitration Location and Procedure

Unless you and OJÀ Marketplace otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and OJÀ Marketplace submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. You are responsible to pay any fees should the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provision regarding changes to these Terms in the “Entire Agreement” section below, if OJÀ Marketplace changes this “Dispute Resolution for Consumers” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@ojamarketplace.comwithin 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of OJÀ Marketplace’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and OJÀ Marketplace in accordance with the provisions of this “Dispute Resolution for Consumers” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Entire Agreement
These Terms and the OJÀ Marketplace Rules are the entire and exclusive agreement between OJÀ Marketplace and you regarding the Services, and these Terms supersede and replace any prior agreements between OJÀ Marketplace and you regarding the Services. These Terms apply only to OJÀ Marketplace and you. These Terms are not intended to, and shall not, create any third-party beneficiary rights, except as expressly provided in these Terms.

We may revise these Terms from time to time. If we make any material changes to these Terms, we will notify you of such changes by posting them on the OJÀ Marketplace website or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by OJÀ MarketplaceLL., If you have any questions about these Terms, please us at support@ojamarketplace.com





Privacy Policy
Effective June 1, 2020
OJÀ Marketplace (“we” “us” or “our”) values your privacy and takes steps to protect the privacy and security of information that you provide to us that either identifies you or could, when combined with other information, be used to identify you (“Personal Information”). OJÀ Marketplace complies with all applicable laws regarding your privacy. This Privacy Policy explains how and why we collect and use the Personal Information you provide to OJÀ Marketplace.
User Consent to OJÀ Marketplace’s Privacy Policy
By accessing or otherwise using OJÀ Marketplace, you agree to the terms and conditions of this Privacy Policy. You expressly consent to the processing of your Personal Information and Anonymous Information according to this Privacy Policy.

Your Personal Information may be processed and stored in other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.

Collection of Information
Personal Information that You Provide: In general, we collect Personal Information that you submit to us voluntarily through OJÀ Marketplace. We also collect information that you submit in the process of creating or editing your account and user profile on OJÀ Marketplace. For example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. When you personalize your profile and use the features of OJÀ Marketplace, we will collect any information you voluntarily provide, and we may also request optional information to support your use of OJÀ Marketplace, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit during your use of OJÀ Marketplace, such as photos, reviews, ratings and other information you choose to submit. We may also collect information about you and your friends who use OJÀ Marketplace, from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through OJÀ Marketplace in order to display you as a friend or in association with your profile and collections. When you purchase an item, you will need to submit your credit card or other payment information, which we may collect and store, so that our service providers can process your payment for the item. When you sign up for OJÀ Marketplace or engage in other activities that we make available on OJÀ Marketplace, we will collect the information designated along with such activity, which may include your contact information such as your address and phone number. We will also collect transactional information based on your activity on OJÀ Marketplace, such as bidding, buying, selling, billing, and any other information you provide to purchase or ship an item. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and other related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the OJÀ Marketplace community.

OJÀ Marketplace may require you to submit additional personal information to authenticate yourself if we believe you are violating OJÀ Marketplace policies, such as identification or a utility bill to verify your address. If you do not wish to share such information with us, you will be unable to complete any further transactions on OJÀ Marketplace.

Personal Information from Other Sources: We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, “Partners”) or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and E-mail Addresses: If you send an e-mail to us, or fill out any form through OJÀ Marketplace, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide.

Information Collected Via Technology: As you use OJÀ Marketplace, certain information may also be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type, type of device, operating system, and the address of the referring website. We may also place small data files on your computer or other device. These data files may be cookies, pixel tags, Flash Cookies, Silverlight Cookies, or other local storage provided by your browser or associated applications (“Cookies”). We use these technologies to: recognize you as a customer; customize OJÀ Marketplace Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our site. We use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information for which you searched and viewed. In order to use our Services offered through OJÀ Marketplace, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of OJÀ Marketplace may not work properly, and you may not be able to receive our Services. This type of information is collected to make OJÀ Marketplace and solutions more useful to you and to tailor the experience with OJÀ Marketplace to meet your special interests and needs

An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We, or our service providers, may track your IP Address when you access OJÀ Marketplace to assist with ad targeting.

We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on OJÀ Marketplace. These advertisers and ad servers may use Cookies and/or “Web Beacons” (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers.

Use and Disclosure of Information
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorize us to do so.

In general, Personal Information you submit to us is used by us to provide you access to OJÀ Marketplace; to improve OJÀ Marketplace; to respond to your emails and other feedback; to provide customer service; to send you alerts, updates, administrative messages and otherwise facilitate your use of, and our administration and operation of, our Services; to monitor and analyze usage and trends; to resolve disputes; to better tailor the features, performance, and support of OJÀ Marketplace; collect fees; to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request; and for any other purpose for which the information was identified at the time of collection. Additionally, we may share your content preferences and other information with the social network with which you may have connected to OJÀ Marketplace, along with those companies and persons you have asked us to share your information with.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide some of the services and features of OJÀ Marketplace and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service. We require our third-party service providers to agree not to use such information except as necessary to provide the relevant services to us. We may share some or all of your Personal Information (other than credit card information) with Merchants whose items you have purchased for their commercial purposes and to provision the item. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this Privacy Policy, do not use OJÀ Marketplace.

Additionally, we may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make the Anonymous Information personally identifiable to you. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of OJÀ Marketplace. This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties in our discretion.

We may share some or all of your Personal Information with OJÀ Marketplace affiliated companies that are under a common control, in which case we will require them, via written contract, to honor this Privacy Policy.

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy.

By using OJÀ Marketplace and providing us with your Personal Information, you understand and agree that we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the OJÀ Marketplace Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of OJÀ Marketplace, its users and the public. You hereby consent to us sharing your Personal Information under the circumstances described herein.

OJÀ Marketplace may also be required to disclose an individual’s Personal Information in response to a lawful request by government officials, including to satisfy law enforcement or national security requirements.

The Ability of Others to View Your Information: Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use OJÀ Marketplace, certain information you post or provide through OJÀ Marketplace, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of OJÀ Marketplace, including without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through OJÀ Marketplace, this information may become publicly available and may be collected and used by others, including people outside the OJÀ Marketplace community. We will not have any obligations with respect to any information that you post to parts of OJÀ Marketplace that are available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.

Third Party Sites and Advertising: OJÀ Marketplace may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. We encourage our users to read the privacy statements of each and every website they visit. This Privacy Policy applies solely to information collected by us through OJÀ Marketplace and does not apply to these third-party websites. The ability to access information of third parties from OJÀ Marketplace, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

Your Choices Regarding Your Personal Information: We offer you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by emailing us at support@ojamarketplace.com

Despite your indicated email marketing preferences, we may send you administrative emails regarding OJÀ Marketplace, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy.

You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information which you think is inaccurate. You may change any of your profile information by editing it in the profile settings page. You may ask us to stop processing your information or delete your information by contacting us, please contact us. We will delete that information within a commercially reasonable period of time unless prevented from doing so by applicable law.

Regarding Children
No matter where they live, children under the age of 13 are not permitted to use OJÀ Marketplace and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s Personal Information permanently from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the internet.

By using OJÀ Marketplace, you are either (i)_representing that you are at least 18 years old; (ii) that you are at least 13 years old and have a parent’s or guardian’s permission to use OJÀ Marketplace; or (iii) if you reside in an EU country with an older age of consent that you are at least the appropriate number of years old and have a parent’s or guardians permission to use OJÀ Marketplace.

Feedback
If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

Security
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, you acknowledge that no company, including us, can fully eliminate security risks associated with Personal Information.

Contact and Revisions
If you have questions or concerns about our Privacy Policy, please email us at support@ojamarketplace.com

This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page and send an email to registered users. If you object to any such changes, you must cease using OJÀ Marketplace. Continued use of OJÀ Marketplace following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.