Terms of Engagement (TOE)

The following Terms of Engagement (TOE) govern all uses of the macmarketplc.com website and all content, services, and products available through this site, including but not limited to, the seller and buyer functions (collectively referred to as the “Site” or “Services”).

The Site is owned and operated by Tenth Month Enterprise, LLC (collectively referred to as “Operator”, “Us”, “We”). The Site is offered subject to your acceptance without modification of the TOE contained herein and all other operating rules, policies including, without limitation, the Privacy Policy and procedures that may be published from time to time on this Site by the Operator (collectively referred to as the “Agreement”).

Your Account & Profile Area

When you sign up for services, create a buyer account and/or setup a seller profile on the Site, (collectively referred to as “Account”, “You”, “Your”), You are responsible for maintaining the security of Your Account, and You are fully responsible for all activities that occur under Your Account and any other actions taken in connection with Your Account. You must immediately notify the Operator of any unauthorized uses of Your Account or any other breaches of security. The Operator will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Your Contributions to the Site

Leaving comments on the Site, posting materials to the Site, other otherwise making (or allowing any third party to make) material available on the Site (collectively referred to as “Content”). You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:

  • Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass Content through to end users
  • The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive material
  • The Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
  • The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
  • By submitting Content to the Operator for inclusion on our Site, You grant Us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.

Without limiting any of those representations or warranties, We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Our sole discretion, We will have no obligation to provide a refund of any amounts previously paid under these circumstances.

Information We Collect

We may collect personally identifiable information from You in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register on our site, place an order, or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, and mailing address. We do not collect payment information such as phone or credit / debit card information. 

Any of the information we collect from you may be used to personalize your experience, improve our website, improve customer service, process transactions, and/or send periodic emails. The email address you provide for order processing will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, other related Services and etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. Reference our Privacy Policy and Cookies Policy for details on the data we collect and the details on how we use this data. 

Information We Disclose

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you’ve requested. This does include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses. Refer to the GDPR & PII guidelines for more information. 

Payments, Cancellations, & Refunds

The Site offers products and services for sale. The Site does not handle payments for these products or services directly but rather refer these payments to a secured third-party payment provider who handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the third-party payment provider. Once the third-party payment provider notifies us the payment was successfully processed, the product and/or service will be processed as soon as possible without guarantees of timeliness or immediacy. See our Ordering & Shipping Policy for additional details.

Free trial periods are provided with limited access to the Site that allows You to test all available Services prior to making a final determination. If you fail to cancel prior to the end of the free trial period, You agree to allow us to process your order and will convert your trial period to a monthly billing cycle. You may cancel the Service at anytime up to the next processing date. If You fail to cancel the subscription before the next processing date, we will process the next monthly billing cycle.

If you cancel on any day after the billing cycle and before the next billing cycle date, you will have up to the last day of the current billing cycle to continue using our Services. After the last day of the current billing cycle, you will not have access. Refunds are not provided.

PayPal Payments

By paying with your card, you acknowledge that your data will be processed by PayPal subject to the PayPal Privacy Statement available at PayPal.com.

We use PayPal for payments and other services. If you wish to use one of these services and pay on our website, PayPal may collect the personal data you provide, such as payment and other identifying information. PayPal uses this information to operate and improve the services it provides to us and others, including for fraud detection, harm and loss prevention, authentication, analytics related to the performance of its services, and to comply with applicable legal requirements. The processing of this information will be subject to the PayPal Privacy Statement available at PayPal.com.

Copyright & Intellectual Property Rights

If you believe material located on or linked to the Site violates your copyright, you are encouraged to notify the Us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights, of ours or others, we may, in our sole discretion, terminate or deny access to and use of the Site. In the case of such termination, we will have no obligation to provide refund of any amounts previously paid to the Us. 

This Agreement does not transfer from Us to You any of our intellectual property right, title and interest. Our logo and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.

Third-Party Policies

Our site may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Termination

We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, and effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Us. If you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from our notice to you, we can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Site is provided “as is”. We, our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors make any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

Under the Services we provide and describe in this Agreement, you agree to not hold us or our service providers liable with respect to any item under this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. We shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

General Representation and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold us, our contractors, and our licensors, and our respective directors, officers, employees and agents harmless from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

Changes & Miscellaneous

This Agreement constitutes the entire agreement between you and Us and may only be modified by a written amendment by Us, or by our posting a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Oregon, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oregon, USA. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding to the benefit of the parties, their successors and permitted assigners.

From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Site’s users are encouraged to check this policy for such changes. Your continued use of this site after changes to this Agreement, constitutes your acceptance of the changes.

Contacting Us

Any questions about this Agreement or with our Privacy Policy and/or Cookies Policy should be sent to us via our contact form.

This Agreement was last modified on November 15, 2023.