AUBURN-MARKETPLACE.COM MERCHANT TERMS OF SERVICE
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are:
- 18 years old or older or you have consent from a legal parent or guardian
You must be 18 years old or older or have consent from a legal parent or guardian to register as a user of this website. If we have reason to believe that you are not at least 18 years of age or that you do not have legal parental or guardian consent, we reserve the right to suspend or terminate your membership to this site immediately and without notice.
Auburn-Marketplace.com will act as an "agent" for merchants selling good and services via Auburn-Marketplace.com (per annotation 495.0709 of the Board of Equalization website: http://www.boe.ca.gov/business/Vol2/Annotat/suta-q-s.pdf) Please note that Auburn-Marketplace.com does not have at any time, control of any merchant's inventory, nor does it or will it ever transfer ownership of any merchant's inventory. Auburn-Marketplace.com provides a marketplace system for you (Merchant) to sell and advertise your goods and services to your customers (Users)
To sell your goods and services through this marketplace, you must have a valid California Sellers Permit and must supply us with your permit number when applying for membership within Auburn-Marketplace.com **No Exceptions** If you do not have one you may apply for a California Seller's Permit at the California State Board of Equalization website here: http://www.boe.ca.gov/info/reg.htm A list of all merchant's California Seller's Permits will be made available upon request to all applicable government agencies.
Your business must have nexus in the State of California. If your business has nexus in other states, it is your responsibility to first contact your certified tax and legal professionals and ask what taxation and legal requirements and obligations you may have, prior to signing up as a merchant with Auburn-Marketplace.com. We will assist you in setting up proper taxation tables based on your professionals' legal advice.
It is your responsibility to establish what, if any, taxes apply to your products you sell through into Auburn-Marketplace.com, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Auburn-Marketplace.com is not responsible for determining whether taxes apply to your transactions, reporting or remitting any taxes arising from any transaction. The Auburn-Marketplace system has a sophisticated taxation input system that will enable you to input any specific taxes on any products you may be offering. As a courtesy, we will import into your Auburn-Marketplace.com account with The California State Board of Equalization's latest tax tables, based on the 58 counties within California. (http://www.boe.ca.gov/cgi-bin/rates.cgi as of April 1, 2009)
Here's how Auburn-Marketplace.com works:
- Customer finds your (merchant's) products and/or services via search engine results - from content uploaded and managed by you (The Merchant)
- Customer purchases your products / services through Auburn-Marketplace.com
- Customer and Merchant are both notified immediately of purchase via email and secure website control panel
- Merchant Ships order
- Auburn-Marketplace.com disburses funds to Merchant twice per month ($1.00 per disbursement fee)
Cost to Sell on Auburn-Marketplace.com
$250 one time membership fee plus a 7% commission of the total transaction and $0.30 per transaction fee.
(Auburn-Marketplace.com pays credit card fees)
(from time to time we offer certain Auburn Associations discount coupons. Please inquire with your specific Association)
- Account setup and instruction
- Access to the easy to use merchant control panel (simple step-by-step instructions)
- Company profile page, including logo and company description, return policies, etc.
- Discounts to ongoing e-commerce training sessions
- Ability to advertise within Auburn-Marketplace.com (additional charges apply)
- Automated search engine optimization (SEO) and Google Base (Froogle) Feed submission
- 1 Free "Featured" product within desired category for 1 month
- 1 Featured Merchant Advertisement for 2 weeks (you supply banner artwork)
How to sign up for Merchant Membership:
Sign up to sell products and services on Auburn-Marketplace.com here: http://join.auburn-marketplace.com
To receive payments for your goods and services, you must have a Paypal account. If you don't yet have a Paypal account you can sign up for one here. After a purchase by your customer is made, Auburn-Marketplace.com processes the payment via Paypal, every 14 days. (The 5th and the 20th of each month) There will be a $1.00 fee per disbursement. Auburn-Marketplace.com disburses the payment, minus a 7% commission and $0.30 per transaction fee into your Paypal Account. From there, you can request disbursements to your bank account from Paypal directly. This process is free of charge.
Pricing and Associated Fees
Auburn-Marketplace.com collects fees from your customer(s) when each of your specific product(s) sell. Auburn-Marketplace.com collects your product/service price, shipping costs, item(s) and taxes from your buyer and subtracts a commission of 7 percent of the total transaction and a per-transaction fee of $0.30.
The total price is the amount payable by your customer including any additional terms you may offer. These include:
- rebates, discounts, sales and/or promotions
- processing and handling charges
- the chosen shipping method (currently only UPS Ground)
What type of products and/or services can merchants NOT OFFER on Auburn-Marketplace.com?
You may not offer: Real Estate, Guns, Ammunition, Tobacco, Alcohol, Magazines, Newspapers, Adult Toys, or Prescription Medication. **NO EXCEPTIONS**
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Auburn-Marketplace.com may sell products for children, but it will sell them to adults, who can purchase with a credit card or other permitted payment method(s). If you are under 18, you may use Auburn-Marketplace.com only with involvement of a parent or guardian.
Auburn-Marketplace.com and its management reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion at any time.
Do you offer fraud protection?
Paypal's payment fraud protection helps eliminate fraudulent orders for your products.
Merchants will be responsible for chargeback fees and any associated penalties. These fees may occur if they do not adhere to the Terms of Service, which includes fulfilling their side of the agreement with their buyers. e.g., Merchant did not ship the item, shipped an item that was very different from the Merchant's description, or the item was damaged when the buyer received it. These fees will be deducted from the Merchant's disbursement during the next disbursement period. If the chargeback occurs and the Merchant was not at fault, Paypal and the Merchant can work together to investigate and resolve the dispute. Merchants can contact Paypal at firstname.lastname@example.org.
Can customers leave feedback about the service I provide as a merchant?
Currently no, but we are building this functionality to allow customers to leave feedback. Great feedback ratings will be a key factor for future success when selling on Auburn-Marketplace.com
Auburn-Marketplace.com and its affiliates make no warranties or representations of any kind, whether express or implied, for the services being offered. Auburn-Marketplace.com and its affiliates explicitly disclaims any warranty of merchantability, fitness for a specific purpose or any other warranty or guarantee for the services provided by Merchants or any 3rd party software used within Auburn-Marketplace.com. Auburn-Marketplace.com and its affiliates are not responsible for any loss or damage as a result of using Auburn-Marketplace.com' services including but not limited to inconvenience, loss or damage resulting from delays, improper or incomplete delivery of information, possible computer "viruses" or interruption of services. Auburn-Marketplace.com, its partners, subcontractors and employees are not qualified to give tax or legal advice. You should consult an appropriate professional for advice on these matters.
When you visit Auburn-Marketplace.com or send electronic mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site. You agree that and and all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
COPYRIGHTS AND TRADEMARKS
All content included on this site, is the property of Auburn-Marketplace.com or the merchants offering goods and services or other content suppliers and is fully protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Auburn-Marketplace.com and protected by U.S. and international copyright laws. All software used on this site is the property of Auburn-Marketplace.com and/or its software suppliers and protected by United States and international copyright laws.
Auburn-Marketplace.com, the Auburn-Marketplace.com logo, and other marks within on our site are trademarks of Auburn-Marketplace.com or its affiliates, in the United States and other countries. Other Auburn-Marketplace.com graphics, logos, page headers, button icons, scripts, and service names are trademarks of Auburn-Marketplace.com, Inc. or its affiliates. Our trademarks and trade dress may not be used in connection with any product or service that is not that of Auburn-Marketplace.com or its affiliates as applicable, in any manner that is likely to cause confusion among users, or in any manner that discredits or criticizes Auburn-Marketplace.com or its affiliates. All other trademarks not owned by Auburn-Marketplace.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Auburn-Marketplace.com or its affiliates.
WEBSITE ACCESS AND LICENSE
Auburn-Marketplace.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Auburn-Marketplace.com This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Auburn-Marketplace.com You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Auburn-Marketplace.com or its affiliates without the express written consent of Auburn-Marketplace.com You may not use any meta tags or any other "hidden text" being used within Auburn-Marketplace.com Additionally you may not make use of and merchants', affiliates' name or trademarks without the express written consent of Auburn-Marketplace.com, or the respectful owners. Any unauthorized use terminates the permission or license granted by Auburn-Marketplace.com You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Auburn-Marketplace.com so long as the link does not portray Auburn-Marketplace.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Auburn-Marketplace.com or its affiliates as part of the link without our express written permission.
YOUR ACTIVITY ON THE AUBURN-MARKETPLACE.COM WEBSITE
Auburn-Marketplace.com is not proposed for use by children. If you are under 18 years old, you may use Auburn-Marketplace.com only with the direct supervision of a parent or guardian. Auburn-Marketplace.com, participating merchants and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.
If you submit any content or material, and unless we indicate otherwise, you grant Auburn-Marketplace.com and any of its affiliates a perpetual, nonexclusive, a fully sublicensable, royalty-free, irrevocable right to use, display, adapt, publish, reproduce, distribute, modify, translate, re-create such content throughout the world in any media. You grant Auburn-Marketplace.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that all images, photographs and data submitted for website must be correct and legally cleared for publication, clearly labeled with appropriate credits attached, that use of the content you supply does not violate this policy and will not cause injury to any entity or person; and that you will indemnify Auburn-Marketplace.com or its affiliates for all claims arising from content you supply. Auburn-Marketplace.com has the right but not the obligation to monitor and edit or remove any activity or content. Auburn-Marketplace.com takes no responsibility and assumes no liability for any content submitted by you or any third party.
SITE CONTENT AND DESCRIPTION OF SERVICES
Auburn-Marketplace.com and its affiliates try to be as accurate as possible. However, we do not guarantee that descriptions of services or other content of this site is accurate, complete, reliable, current, or error-free. Auburn-Marketplace.com provides links to other sites over which Auburn-Marketplace.com has no control. Auburn-Marketplace.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Auburn-Marketplace.com services may be used only for lawful purposes. Use of the website in a manner that violates federal or state law in any manner is strictly prohibited. Users acknowledge that its website will be electronically linked to other websitse and agrees that it is not entitled to dictate the visual or textual content of the website. Users understand that they are not entitled to engage in deliberate action to jam, overload, block, cause to fail or limit the Auburn-Marketplace.com website in any manner for any reason whatsoever.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
AUBURN-MARKETPLACE.COM IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE". AUBURN-MARKETPLACE.COM MAKES NO WARRANTIES OR NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES, PRODUCTS, INFORMATION, CONTENT OR MATERIALS, INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AUBURN-MARKETPLACE.COM RESERVES THE RIGHT TO EXTRACT OR REMOVE ANY CONTENT FROM THIS SITE AT ANY TIME IN ITS SOLE DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUBURN-MARKETPLACE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUBURN-MARKETPLACE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AUBURN-MARKETPLACE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUBURN-MARKETPLACE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Auburn-Marketplace.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Auburn-Marketplace.com or its affiliates.
Any and all disputes that arise as a result of the rights and obligations under this agreement must be resolved pursuant to the following procedure.
The parties must first meet and confer as to the dispute and attempt to reasonably resolve any differences as to the obligations created by this agreement. If the parties are unable to resolve the dispute after a good faith meeting and conference, they shall retain a mediator through JAMS/ENDISPUTE (or any such other organization that the parties may agree upon) and shall mediate the dispute.
If the parties are unable to resolve the dispute after a good faith mediation, the dispute shall be confidentially arbitrated in Sacramento, California pursuant to the rules governing commercial arbitrations set forth by the American Arbitration Association. The parties shall agree upon one single arbitrator to resolve the dispute and each party shall bear its own costs of arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction
SITE POLICIES, MODIFICATION, AND SEVERABILITY
2945 Bell Road #320
Auburn, CA 95603