Please read the following Master Terms and Conditions carefully. Upon registering or using any of this website services, you fully and voluntarily agree to said Master Terms and Conditions and acknowledge that you have both read and fully comprehend the nature and consequences of agreement to these Master Terms and Conditions.
The following terminology applies to these Master Terms and Conditions: (i) “You”, “Your” and “Yourself” refers to you, the person accepting the Company’s terms and conditions; and (ii) “We”, “Our” and “Company” refers to Boss Ladies Market, Inc.
1. GENERAL. The services offered by Company under the Master Terms and Conditions are limited to the operation of an e-commerce site to offer various products and services to help vendors sell goods and services to buyers through an online marketplace (“Services”). Company reserves the right to update and change the Master Terms and Conditions by posting updates and changes to the Company website at https://bossladiesmarket.com/ (the “website”). You are advised to check the Master Terms and Conditions from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Company’s Services.
2. YOUR ACCOUNT. If you use this site, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
3. CANCELLATION/REFUND POLICY/ACCESS RESTRICTION. You may cancel your Membership at any time. Any cancellations made after 30 days of service will not qualify for a refund. Please contact us at firstname.lastname@example.org with any questions. Company reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Master Terms and Conditions, including, without limitation, this section.
4. CHILDREN UNDER 18. All account owners must be at least 18 years of age. Minors under 18 years of age are only permitted to use Company’s Services only if they have the express permission and direct supervision by the owner of the account. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell,” as that term is defined under applicable law, including the California Consumer Privacy Act, the personal information of minors.
5. TERMS AND CONDITIONS FOR VENDORS. If you use Company’s Services as a Vendor or Service Provider, you shall also be bound by the E-Commerce Vendor and Service Provider Agreement in addition to the terms in these Master Terms and Conditions. You can read the E-Commerce Vendor and Service Provider Agreement.
B. Information Collected or Received. In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Services and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. We use the personal information received and collect it in accordance with the purposes described in these Master Terms and Conditions.
In order to use the Services, will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a valid physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on for delivery. As a Vendor, Company may require your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For both buyers and sellers, Company requires this information from you in order to provide you with the Services. We may store credit card information for both billing and payment purposes. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases.
Company may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or may request information from buyers to ensure compliance with our policies and applicable law.
You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. Members will be able to see the Vendor name, the date the Vendor joined; ratings, reviews and information relating to items that were offered for sale by Vendor; items you listed sale; Vendor shop pages and policies, followers; sold item listings and the number of items sold; comments posted in our community spaces; and information you decide to share via social networks.
Company may automatically receive and record information from your browser or your mobile device when you visit the website or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically.
We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, shipping information, and information shared in Company’s forums.
Some members or visitors may choose to connect to Company or register a Company account using an external third-party application, such as Facebook, or an app. Connecting your Company account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Company can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Company on certain social media networks which are connected to your Company account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign into your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
C. Community. Company is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, which are a part of the Company community space. You don't have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you.
D. Information Uses, Sharing & Disclosure. Company will not disclose your name, email address, or other personal information to third parties without your consent, except as provided in these Master Terms and Conditions.
As part of the buying and selling process, Company will facilitate the sharing of information between the two members involved in the transaction, such as the other Company member's shipping address and payment status. This can also involve us sharing your information with some of our third-party partners such as our shipping and payment partners to enable us to provide the Service to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Company’s privacy and security requirements for vendors, these partners, not Company, are responsible for the protection of personal information under their control. By making a sale or a purchase, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations. We expect you to respect the privacy of the member whose information you have received and comply with all applicable laws. You have a limited license to use that information only for Company related communications or for Company facilitated transactions. Company has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member's jurisdiction.
Company may also retain, preserve, or release your personal information to a third party in limited circumstances to prevent harm or crime, enforce or defend legal rights, or prevent damage or to comply with a subpoena, court order, legal process, or other legal requirement.
E. Security. The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure.
F. Retention.Company will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Company member account), or as needed to provide the Services to you. If you no longer want Company to use your information to provide the Services to you, you may close your account. Company will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described herein. In addition, Company sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We may also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
7. USE OF COMMUNICATION SERVICES. From time to time, the website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion without liability. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Services. Further, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
8. ELECTRONIC COMMUNICATIONS. Visiting bossladiesmarket.com or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.
9. LINKS TO THIRD PARTY SERVICE PROVIDER SITES/THIRD PARTY SERVICES.Company’s website may contain links to other websites, including website of the Service Providers ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. Certain services made available by Company are delivered by third party sites and organizations. By using any product, service or functionality originating from the bossladiesmarket.com domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of bossladiesmarket.com users and customers.
10. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY. You are granted a non-exclusive, non-transferable, revocable license to access and use bossladiesmarket.com strictly in accordance with these Master Terms and Conditions. As a condition of your use of the Company website, you warrant to Company that you will not use the website for any purpose that is unlawful or prohibited by these Master Terms and Conditions. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Company’s content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Master Terms and Conditions.
11. LIABILITY DISCLAIMER; NO LIABILITY; RELEASE. THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS OR VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE PRODUCTS SOLD THROUGH COMPANY’S SERVICES. YOU ACKNOWLEDGE THAT COMPANY DOES NOT MANUFACTURE, STORE, OR INSPECT ANY OF THE ITEMS SOLD THROUGH OUR SERVICES. COMPANY PROVIDES THE VENUE; THE ITEMS IN OUR MARKETPLACES ARE PRODUCED, LISTED, AND SOLD DIRECTLY BY INDEPENDENT SELLERS, SO COMPANY CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, OR EVEN THEIR LEGALITY. ANY LEGAL CLAIM RELATED TO AN ITEM YOU PURCHASE MUST BE BROUGHT DIRECTLY AGAINST THE SELLER OF THE ITEM. YOU RELEASE COMPANY PARTIES (DEFINED BELOW) FROM ANY CLAIMS RELATED TO ITEMS SOLD THROUGH OUR SERVICES, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS, OR ITEMS THAT CAUSED PHYSICAL INJURY (INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY CLAIMS). COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF CONTENT POSTED BY USERS THAT YOU ACCESSED THROUGH THE SERVICES. YOU RELEASE COMPANY PARTIES (DEFINED BELOW) FROM ALL LIABILITY RELATING TO THAT CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS AND REPRESENTATIVES(COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU, YOUR HEIRS, EXECUTORS OR ADMINISTRATORS OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR PERSONAL INJURY OR DEATH, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OF THE COMPANY PARTIES) ARISING OUT OF OR RELATED TO THE SERVICES OR ITEMS SOLD THROUGH OUR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS, OR ITEMS THAT CAUSED PHYSICAL INJURY (INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY CLAIMS).
12. INDEMNIFICATION. You agree to indemnify and hold harmless each of the Company Parties from any loss or liability incurred in defending any and all actions, causes of actions, liabilities, claims, demands, damages, costs, attorneys fees, expenses or suits at law and equity of whatever kind (“Claims”) made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or resulted from the negligence of the Company Parties or anyone else, including, but not limited to, any Claims relating to or arising out of your use of or inability to use the website or Services, any user postings made by you, your violation of any terms of this Master Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
13. ARBITRATION. In the event the parties are unable to resolve any dispute between them arising out of or concerning these Master Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Broward County, Florida. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Master Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Master Terms and Conditions or any disputes arising as a result of these Master Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Master Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. You expressly consent and submit to the exclusive jurisdiction and exclusive venue in Broward County Florida for such arbitration and waive the right to challenge this jurisdiction and/or venue as improper or inconvenient. This arbitration provision shall survive the termination of these Master Terms and Conditions.
14. CLASS ACTION WAIVER. Any arbitration under these Master Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
15. CHANGES TO TERMS. Company reserves the right, in its sole discretion, to change the Master Terms and Conditions under which the Services are offered. The most current version of the Master Terms and Conditions will supersede all previous versions. Company encourages you to periodically review the Master Terms and Conditions to stay informed of our updates.
16. INTERNATIONAL USERS. The Services are controlled, operated and administered by Company from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through bossladiesmarket.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
17. MISCELLANEOUS. In the event any of these Master Terms and Conditions are in violation of, or prohibited by, any applicable law or regulation, such Master Terms and Conditions shall be deemed as amended or deleted to conform for such law or regulation without invalidating or amending or deleting any of the other Master Terms and Conditions, which shall remain in full force and effect. Company may revise these Master Terms and Conditions. All Master Terms and Conditions shall be binding on your heirs, administrators, personal representatives and assigns. These Terms and Conditions will be construed pursuant to the laws of the State of Florida. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company. A printed version of these Master Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.