The following describes the terms and conditions on which Judgment Marketplace LLC.
(“Judgment Marketplace”) offers you access to our website (the “Site”). These terms and
conditions (“Terms and Conditions”) describe the policies, terms, and conditions applicable
to your use of our services (“Services”) at the Judgment Marketplace Web Site (the “Site”).
Please read these Terms and Conditions carefully. Your use of our Services indicates that you
accept these Terms and Conditions, as amended by Judgment Marketplace from time to time. You may
not use our Services if you do not accept these Terms and Conditions.
Judgment Marketplace reserves the right to make changes to this Site and these Terms and Conditions
at any time without prior notice. This Agreement may not otherwise be amended except in a writing
signed by Judgment Marketplace.
- Ownership of Site.
The Site is owned by Judgment Marketplace, organized and existing under the laws
of the State of Delaware, with its principal office located in Cincinnati,
Ohio. Judgment Marketplace owns or licenses from third parties all information
and other content as well as all of the software and technology related to the
Site, including, but not limited to, all HTML code, Java applets, graphics,
icons, wallpaper, characters, artwork and text related to or contained in the
Site (collectively called the “Technology”). You may not use the Site or copy,
transmit, publish, modify, distribute, perform, create derivative works from or
reverse engineer any of the Technology except as expressly permitted by these
Terms and Conditions. Judgment Marketplace may, at any time and in its sole
discretion, add, delete or change the Site (including but not limited to these
Terms and Conditions) and any of the Services provided by or through the Site
without notice.
- Eligibility to Use of Our Service.
Our Services are available only to users who can form legally binding contracts
under the laws of the United States of America and the country, state and/or
territory in which such user resides. Without limiting the foregoing, our
Services are not available to (a) anyone under the age of 18, (b) users whose
use of our Services has been temporarily or indefinitely suspended, or (c)
nationals or residents of any country restricted by the United States
Government, as such restricted countries may be amended or modified from time to
time by the United States Government. If you do not qualify, please do not use
our Services.
- The Site is only a Venue.
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The Site acts as a venue to allow anyone to offer, sell, buy and trade
products in the categories listed on the Site, at any time, in a variety of
formats, including a fixed price format and/or “Offer and Sale” format. Judgment Marketplace has no control over the quality,
validity, safety or legality of the items advertised for Sale on its Site, the
truth or accuracy of the listings, the ability of sellers to sell items or the
ability of buyers to buy items. Judgment Marketplace cannot and will not ensure
that: i) a buyer or seller will actually complete a transaction; ii) any
listings are valid unless expressly certified by Judgment Marketplace; or iii)
that any documents purporting to assign or transfer an interest in a judgment
from one party to another are or will be deemed valid by the respective Court or
its Clerks in the respective state and/or courthouse.
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Safe Trading. Because user authentication on the Internet is difficult,
Judgment Marketplace cannot and does not confirm each user’s purported identity.
You assume all risk that you may be dealing with foreign nationals, underage
persons or persons acting under false pretense. You may wish to consider using a third party service that provides additional user verification.
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Release. In the event that you have a dispute with one or more users, you
hereby release Judgment Marketplace (and its officers, directors, agents,
subsidiaries and employees) from claims, demands and damages (actual and/or
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes arising from any use of the Site or relationships formed with
third parties through the Site. If you are a California resident, you waive
California Civil Code §1542, which says: “A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor.”
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Information Control. Judgment Marketplace does not control the information
provided by other users which is made available through our system. You may find
other user’s information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using our Site.
Please note that there are also risks of dealing with underage persons or people
acting under false pretense. Additionally, there may also be risks of dealing
with international trade and foreign nationals.
- Buying
If you make an offer to purchase a judgment and a Seller accepts your offer, you
are obligated to complete the transaction, unless the transaction is prohibited
by law or by these Terms and Conditions. By submitting an offer on an item you
agree to be bound by the conditions of sale included in the item’s description
so long as those conditions of sale are not in violation of these Terms and
Conditions or unlawful. Accepted bids are not retractable except in exceptional
circumstances such as: i) the seller materially changes the item’s description
after you bid ii) the judgment is vacated (in part or whole); iii) a clear
typographical error is made; iv) the seller’s identity and/or authority to sell
the subject judgment cannot be validated. By using our Site, you hereby agree
that Judgment Marketplace’s discretion as to whether a Buyer may retract an
accepted offer shall be deemed binding. Upon agreeing to purchase a judgment (or
portfolio of judgments) and confirming the upload of the Seller’s executed
assignment of judgment, the full amount of the agreed price will be processed
using the payment method you registered on the Site. An 8% final value fee is
charged by Judgment Marketplace for the sale of Listing on the Site (see
paragraph 17 herein). The final value fees are subject to change, however, no
change shall be effective for the sale of any Listings which occurred prior to
notice of same. The final value fees are calculated by 8% of the gross fee paid by
the Buyer to the Seller in consideration of the Seller’s assignment of the
Listing. The final value fees are incurred solely by the Seller.
- Listing and Selling.
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Listing Description. You may NOT provide any of your personal contact
information in the Listing. Personal contact information as referred to in the
previous sentence includes: i) Your telephone or fax number; ii) your email
address; iii) your user identification for any form of third-party social media
(Twitter, Facebook, etc.); iv) your physical address (home, work or other); and
v) any other descriptive information beyond information on the face of the
judgment that is designed to facilitate direct communication between you and any
other members of Judgment Marketplace (hereinafter collectively referred to as
“Contact Information”). You must be legally capable to sell the item(s) that you
list for sale on the Site (including but not limited to having the legal
capacity and authority to conduct the transaction). You must describe your item
and all terms of sale on the listing page of the Site. Your listings may include
text descriptions, graphics, images and other content relevant to the sale of
that item. All listed items must be listed in an appropriate category. All
uniform price and discriminative price auction items must be identical).
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If you accept an offer, or a counteroffer that you propose is accepted, you
are obligated to complete the transaction. You are responsible to upload a
signed and notarized assignment of the subject judgment within seven (7) business
days. The only acceptable base for failing to complete the transfer of
assignment is if you cannot authenticate the Buyer’s identity.
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Fraud. Without limiting any other remedies, Judgment Marketplace may
suspend or terminate your account if it suspects that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with the Site.
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Manipulation. Neither you, nor any other User of Judgment Marketplace may
manipulate the price of any item nor may you interfere with other user’s
listings. Such prohibited manipulation includes, without limitation, sending
emails to potential buyers in a currently open listing being run by a different
buyer, or use of any alias or a third party ID to manipulate the price of an
item listed for sale by you on the Site.
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An 8% final value fee is charged by Judgment Marketplace for the sale of
Listing on the Site (see paragraph 17 herein). The final value fees are subject
to change, however, no change shall be effective for the sale of any Listings
which occurred prior to notice of same. The final value fees are calculated by 8% of
the gross fee paid by the Buyer to the Seller in consideration of the Seller’s
assignment of the Listing. The final value fees are incurred solely by the
Seller. By using this Site, you hereby agree, direct and authorize, that upon its
receipt of the sale proceeds from the Buyer and the Buyer's confirmation of assignment of
judgment, Judgment Marketplace shall immediately charge the Final Value Fee and you
hereby waive your claim of any rights to said fee/portion of the sale proceeds.
- Your Information.
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Definition. “Your Information” is defined as any information you provide to
Judgment Marketplace or other users in the registration or listing process, in
any public message area, or through any email feature. You are solely
responsible for Your Information, and Judgment Marketplace acts as a passive
conduit for your online distribution and publication of Your Information.
Judgment Marketplace, however, may take any action with respect to Your
Information as it deems necessary or appropriate if Judgment Marketplace
believes that any part of Your Information may create liability for Judgment
Marketplace or may cause Judgment Marketplace to lose (in whole or in part) the
services of any of its suppliers.
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Restrictions. Your Information (or any items listed): (a) shall not be false, inaccurate
or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen
items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (d) shall not violate any
law, statute, ordinance or regulation (including, but not limited to, those governing export
control, consumer protection, unfair competition, antidiscrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography; (g) shall not contain any viruses,
Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) shall not create liability for
Judgment Marketplace or cause Judgment Marketplace to lose (in whole or in part) the
services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to
or include descriptions of goods or services that: (aa) are prohibited under these Terms
and Conditions; (bb) are identical to other items you have up for auction but are priced
lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale
on a web site other than the Site; or (dd) you do not have a right to link to or include.
Furthermore, you may not list any item on our Site (or consummate any transaction that was
initiated using our Services) that, by paying to Judgment Marketplace the listing fee or
the final value fee, could cause Judgment Marketplace to violate any applicable law, statute,
ordinance or regulation, or that violates any applicable United States laws or the laws of
the country, state or territory in which either you or your trading partner reside or to
which the item being sold is to be shipped.
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License. Subject to the provisions of the Judgment Marketplace privacy policy for the Site,
you hereby grant and agree to grant to Judgment Marketplace a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use,
publish, copy and distribute Your Information for any purpose related to the Site, the
listing of items on the Site, the sale or purchase of items listed on the Site and the
marketing and/or promotion of the Site or other products or services of Judgment Marketplace.
- Restrictions on Marketing to JM Members.
Absent express written authority from Judgment Marketplace, Users are prohibited
from, marketing, soliciting and/or offering products and/or services to other
Users of Judgment Marketplace (hereinafter referred to as “Self-Promotion”).
This restriction relates to judgment brokers, attorneys, judgment execution
specialists or any other service or product whether or not such service relates
to judgments and/or the transfer/execution thereof. Self-Promotion is prohibited
whether it is directed at an individual User of Judgment Marketplace or a group
of Judgment Marketplace Users, and is prohibited whether the Self-Promotion
communication is made via email, public announcement on the forum or any other
transmission specifically geared toward Judgment Marketplace’s Users. Judgment
Marketplace reserves the right to suspend and/or ban any Users who violate this
policy without further warning.
- Messages
- Buyers.
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The Buyer will be provided with direct communication to the Seller. While you will be permitted to contact the Seller directly, please remain mindful of the following prohibition(s) set forth by Judgment Marketplace:
YOU MAY NOT SHARE CONTACT INFORMATION WITH THE SELLER OR SOLICIT CONTACT INFORMATION
FROM THE SELLER. CONTACT INFORMATION INCLUDES:
- NAME OF BUYER OR SELLER;
- TELEPHONE/FAX NUMBERS;
- EMAIL ADDRESSES;
- PHYSICAL ADDRESS WHERE A PARTY CAN BE REACHED BY MAIL;
- SOCIAL MEDIA INFORMATION (Facebook, Twitter, etc.); and
- ANY MEANS OF CONTACTING THE OTHER PARTY OUTSIDE OF THE JUDGMENT MARKETPLACE
FORUM NOT SPECIFIED ABOVE.
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Contact information may never be shared before an offer has been accepted and
the Buyer has paid for the Listing. If a Buyer shares contact information with
the Seller or solicits contact information from the Seller s/he is representing
that the parties have agreed to a purchase price and payment has been made. Upon
transfer or solicitation of Contact Information, said party is representing that
Judgment Marketplace is entitled to its 8% final value fee (at the Seller’s full
asking price) and may be billed accordingly. Failure to pay a bill timely may
subject the soliciting/offering party to suspension/banning from the site in
addition to other fees and penalties described below.
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By using Judgment Marketplace Buyers are agreeing that they shall
not contact the Seller directly to purchase his/her Listings outside of Judgment
Marketplace’s framework.
Buyers further agree that if they purchase the Listing outside of Judgment Marketplace’s
framework and Judgment Marketplace does not timely receive its final value fee
(within 30 days of an assignment being entered with the Clerk of the Court),
that the Buyer and Seller shall each be personally liable to Judgment
Marketplace for the greater amount of five (5) times the final value fee owed to
Judgment Marketplace or ten thousand ($10,000.00) dollars per Listing. Buyers
further agree to be personally liable for all reasonable attorneys’ fees
incurred by Judgment Marketplace in enforcing this provision. Finally, Buyers
agree that the courts serving Hamilton County, Ohio have jurisdiction over any
disputes between Buyers and Judgment Marketplace regarding this matter and that
Ohio law shall govern.
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In addition to the penalties set forth above, please be aware that sharing
contact information or selling a Listing outside of Judgment Marketplace’s
framework may subject you to the following penalties:
- your membership with Judgment Marketplace may be suspended or revoked;
- the Listing may be excluded from being resold through Judgment Marketplace; and
- Judgment Marketplace may ban all future listings from the judgment creditor for
unrelated judgments.
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Penalties shall be applied at Judgment Marketplace’s sole discretion and none
of its remedies shall be deemed exclusive of any other remedy.
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No party will be penalized if an opposing party has voluntarily provided
his/her Contact Information without solicitation. However, even if a Seller
freely gives you his/her contact information, you hereby agree not to purchase
the Listing outside Judgment Marketplace’s framework. Should you buy the Listing
from a Seller who volunteered their contact information or located you without
using Judgment Marketplace to share contact information, all of the penalties
described hereinabove shall be applicable.
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Buyers hereby agree that upon paying for an accepted offer for a Listing, the
8% final value fee due to Judgment Marketplace is non-refundable irrespective of
whether or not the transaction is revoked unless said revocation results from
Judgment Marketplace’s malfeasance, misfeasance or nonfeasance.
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Buyers hereby agree to hold Judgment Marketplace harmless for any deception,
fraud, malfeasance, misfeasance or nonfeasance committed by the Seller whether
said action or inaction occurs before or after an offer on a Listing has been
accepted.
- Sellers.
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While Sellers are permitted to contact the Buyer directly through
JudgmentMarketplace.com, Sellers should please remain mindful of the following
prohibition(s) set forth by Judgment Marketplace:
SELLERS MAY NOT SHARE CONTACT INFORMATION WITH THE BUYER OR SOLICIT CONTACT
INFORMATION FROM THE BUYER AND VICE VERSA. CONTACT INFORMATION INCLUDES:
- NAME OF BUYER OR SELLER;
- TELEPHONE/FAX NUMBERS;
- EMAIL ADDRESS;
- PHYSICAL ADDRESS WHERE A PARTY CAN BE REACHED BY MAIL;
- SOCIAL MEDIA INFORMATION (Facebook, Twitter, etc.); and
- ANY MEANS OF CONTACTING THE OTHER PARTY OUTSIDE OF THE JUDGMENT MARKETPLACE FORUM
NOT SPECIFIED ABOVE
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Contact information may never be shared before an offer has been accepted and
the Buyer has paid for the Listing. If Sellers share contact information with
the Buyer or solicit contact information from the Buyer, Sellers are
representing that the parties have agreed to a sale of the Listing at the
Seller’s full Listing price and that payment has been made. Upon the Seller’s
transfer or solicitation of Contact Information, the Seller is representing that
Judgment Marketplace is entitled to its 8% final value fee (at the Seller’s full
asking price) and the Seller will be billed accordingly (whether or not the
Seller has successfully sold the Listing). A Seller’s failure to pay a bill
timely may subject a Seller to suspension/banning from the site in addition to
other fees and penalties described below.
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By using Judgment Marketplace Buyers are agreeing that they shall
not contact the Seller directly to purchase his/her Listings outside of Judgment
Marketplace’s framework.
Sellers further agree that if s/he sells the Listing outside of Judgment
Marketplace’s framework and Judgment Marketplace does not timely receive its
commission (within 30 days of an assignment being entered with the Clerk of the
Court), that the Seller and the Buyer shall each be personally liable to
Judgment Marketplace for the greater amount of five (5) times the final value
fee owed to Judgment Marketplace or ten thousand ($10,000.00) dollars per
Listing. Sellers further agree to be personally liable for all reasonable
attorneys’ fees incurred by Judgment Marketplace in enforcing this provision.
Finally, Sellers hereby agree that the courts serving Hamilton County, Ohio have
jurisdiction over any disputes between you and Judgment Marketplace regarding
this matter and that Ohio law shall govern.
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In addition to the penalties set forth above, please be aware that sharing
contact information or selling a Listing outside of Judgment Marketplace’s
framework may subject you to the following penalties:
- the Seller’s membership with Judgment Marketplace may be suspended or revoked;
- the Listing may be excluded from being sold on through Judgment Marketplace; and
- Judgment Marketplace may ban all future listings from the judgment creditor for
unrelated judgments.
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Penalties shall be applied at Judgment Marketplace’s sole discretion and none
of its remedies shall be deemed exclusive of any other remedy.
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No party will be penalized if an opposing party has voluntarily provided
his/her Contact Information without solicitation. However, even if a Buyer
freely gives you his/her contact information, you hereby agree not to sell the
Listing outside Judgment Marketplace’s framework. Should you sell the Listing to
a Buyer who volunteered his/her contact information or located you without using
Judgment Marketplace to share contact information, all of the penalties
described hereinabove shall be applicable.
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Sellers hereby agree that upon accepting an offer for a Listing and the Buyer confirming the uploaded assignment of judgment, the 8% final value fee is due to Judgment Marketplace and is
non-refundable irrespective of whether or not the transaction is revoked unless
said revocation results from Judgment Marketplace’s malfeasance, misfeasance or
nonfeasance.
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Sellers hereby agree to hold Judgment Marketplace harmless for any deception,
fraud, malfeasance, misfeasance or nonfeasance committed by the Buyer whether
said action or inaction occurs before or after an offer on a Listing has been
accepted.
- Breach
Without limiting other remedies, Judgment Marketplace may immediately and
without notice issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our Services to you: (a) if you
breach these Terms and Conditions or the documents it incorporates by reference;
(b) if Judgment Marketplace is unable to verify or authenticate any information
you provide to Judgment Marketplace; or (c) if Judgment Marketplace believes
that your actions may cause legal liability for you, our users or Judgment
Marketplace. Judgment Marketplace shall not be obligated to escalate its
remedies under this provision and may immediately and without notice terminate
your use of the Site.
- Access and Interference.
The Site contains robot exclusion headers and you agree that you will not use
any robot, spider, other automatic device, or manual process to monitor or copy
our web pages or the content contained herein without the prior express written
permission of Judgment Marketplace. You agree that you will not use any device,
software or routine to bypass our robot exclusion headers, or to interfere or
attempt to interfere with the proper working of the Site or any auction being
conducted on the Site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure. Much of
the information on our Site is updated on a real time basis and is proprietary
or is licensed to Judgment Marketplace by our users or third parties. You agree
that you will not copy, reproduce, alter, modify, create derivative works, or
publicly display any content (except for Your Information) from our Site without
the prior express written permission of Judgment Marketplace or the appropriate
third party.
- Downloaded Content.
If any downloaded content (the “Downloaded Content”) is provided to you by the
Site (e.g., Java applets, Active-X controls, etc.), you may use such Downloaded
Content only as part of your use of the Site in compliance with these Terms and
Conditions. You may not copy, reproduce, publish, distribute, display, or
otherwise transfer, or modify, adapt, perform, license, sell, or create
derivative works from, or decompile, disassemble, or otherwise reverse engineer,
any Downloaded Content without the prior express written consent of Judgment
Marketplace.
- User Submissions.
Judgment Marketplace enjoys hearing from users of the Site and welcomes any
feedback and/or input that users may have. Nevertheless, in order to avoid any
disputes Judgment Marketplace asks that users not send any comments unless the
user agrees that Judgment Marketplace will be licensed to use the comments in
any way or manner that it chooses. Specifically, with respect to any design,
idea, concept, suggestion, or other information users communicate to Judgment
Marketplace, whether electronically to the Site or otherwise (collectively the
“Submissions”), users automatically, and without further action or
consideration, hereby grant, and agree to grant, to Judgment Marketplace a
royalty-free, perpetual, irrevocable, non-exclusive license to, for any and all
purposes, use, reproduce, publish, display, distribute, transfer, modify,
license, sell, and create derivative works from such Submissions (or any part of
such Submissions), in whole or in part and in any form, medium, or technology
existing now or in the future.
- Copyright and Trademark Notices.
Judgment Marketplace and/or the licensors of Judgment Marketplace own the
copyrights and trademarks associated with all aspects of the Site. Without
limiting the generality of the foregoing, “Judgment Marketplace”, “Judgment
Marketplace LLC”, and “JudgmentMarketplace.com”, and all other names and
designations used by Judgment Marketplace on or for any of its products or
services referenced on the Site (collectively all the “Judgment Marketplace
Marks”) are service marks or trademarks (or registered service marks or
trademarks) of Judgment Marketplace. Other company names and other product or
service names or designations referenced on the Site may be the service marks or
trademarks (or registered service marks or trademarks) of their respective
owners. All rights in the Site, the Technology, and the Judgment Marketplace
Marks are reserved by Judgment Marketplace. You may not use the Judgment
Marketplace Marks for any purpose whatsoever without the prior express written
consent of Judgment Marketplace.
- No Warranty.
JUDGMENT MARKETPLACE PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. JUDGMENT MARKETPLACE
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not apply to
you.
- Disclaimer of Liability.
IN NO EVENT WILL JUDGMENT MARKETPLACE BE LIABLE UNDER ANY THEORY OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF OUR
SERVICES AND THE SITE, EVEN IF JUDGMENT MARKETPLACE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, YOU AGREE THAT JUDGMENT MARKETPLACE, ITS DIRECTORS, OFFICERS,
EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM OR RELATED TO: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO
THE SITE, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON OR
PROVIDED THROUGH OR WITH THE SITE, (3) THE PURCHASE OR USE OF ANY PRODUCT OR
SERVICE LISTED ON THE SITE, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE,
OR (4) YOUR USE OF OR INABILITY TO USE THE SITE. YOU AGREE THAT THIS LIMITATION
OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, ALL DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES. Some States do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
- Controversy.
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Choice of Law. The laws of the State of Ohio, United States of America,
without regard to its choice-of-law rules, will govern the construction,
interpretation, and enforcement of these Terms and Conditions.
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Arbitration. Subject to paragraph 8 herein, any legal controversy or legal
claim arising out of or relating to these Terms and Conditions or our Services,
excluding legal action taken by Judgment Marketplace to collect our fees and/or
recover damages for, or obtain an injunction relating to, the Site operations,
intellectual property, and our Services, shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in the State
of Ohio, United States of America, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or Judgment
Marketplace may seek any interim or preliminary relief from a court of competent
jurisdiction in the State of New Ohio, United States of America, necessary to
protect the rights or property of you or Judgment Marketplace pending the
completion of arbitration. Should either party file an action contrary to this
provision, the other party may recover attorneys’ fees and costs.
- Fees and Services.
Currently, Judgment Marketplace does not charge a user for registration on the
Site or for the basic listing of judgments on the Site. However, Judgment
Marketplace charges certain fees for special services including but not limited
to premium listing services and other services that Judgment Marketplace may
offer from time to time. In addition, upon the successful sale of an item,
Judgment Marketplace is entitled to a 8% final value fee. Sellers should be
aware that final value fees are deducted directly from the sale price and are
not added on, or in addition, to the agreed price of purchase. All fees are
quoted in United States Dollars and the fees are incorporated into these Terms
and Conditions by this reference. When you list an item you have an opportunity
to review and accept the fees that you will be charged for the use of our
Services. Judgment Marketplace may in its sole discretion change some or all of
our Services at any time. In the event Judgment Marketplace introduces a new
service, the fees for that service are effective at the launch of the service.
You are responsible for paying all applicable taxes related to or arising from
the purchase or sale of items listed on the Site and for all other costs
incurred by you to buy, procure a listing from the Site or access the Site’s
servers. Your use of the Site and Services evidence your acceptance of the fees
and your commitment to payment of all applicable fees. Fees paid to Judgment
Marketplace for Services are nonrefundable.
- Indemnity.
You agree to indemnify and hold Judgment Marketplace and its subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys’ fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
- Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our Services and your bidding
on, listing, purchase, solicitation of offers to purchase, and sale of items.
- No Agency.
You and Judgment Marketplace are independent contractors, and no agency,
partnership, joint venture, employer-employee or franchiser-franchisee
relationship is intended or created by this Agreement.
- Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail
to Judgment Marketplace LLC, 10625 Techwoods Circle, Cincinnati, OH 45242 or to
the email address you provide to Judgment Marketplace during the registration
process. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively,
Judgment Marketplace may give you notice by certified mail, postage prepaid and
return receipt requested, to the address provided to Judgment Marketplace during
the registration process. In such case, notice shall be deemed given 3 days
after the date of mailing.
- Procedure for Copyright Infringement Claims
If you believe that your copyrighted work has been copied and is accessible on
the Site in a way that constitutes copyright infringement, please provide the
following information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
-
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works;
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Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the
material (including the specific web page address on this Site);
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Information reasonably sufficient to permit us to contact the complaining party;
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A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
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A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Copyright Agent:
Judgment Marketplace
10625 Techwood Circle
Cincinnati, Ohio 45242
- General.
Judgment Marketplace does not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous factors outside of
our control. If any provision of these Terms and Conditions are held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that these Terms and Conditions and all incorporated agreements may be automatically
assigned by Judgment Marketplace, in our sole discretion, to a third party in the event of a
merger or acquisition. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Judgment Marketplace’s failure to
act with respect to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. These Terms and Conditions set forth the entire understanding
and agreement between you and Judgment Marketplace with respect to the subject matter hereof.
Sections 3.3 (Release), 6.3 (License), 8 (Access and Interference), 12 (No Warranty), 13
(Disclaimer of Liability) and 14.2 (Arbitration) shall survive any termination or expiration
of these Terms and Conditions.