This Terms of Service and User Agreement and all policies posted on our site set out the terms on which Faith Markets offers you access to and use of our site, Marketplace, services, applications and tools (collectively "Services"). All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
The entity you are contracting with is Faith Markets LLC, in this Terms of Service and User Agreement referred to as "Faith Markets," "we”, "us”, or “our”.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
About Faith Markets
Faith Markets is a marketplace for Christian Teaching Resources that allows users to offer, sell and buy educational resources. The actual contract for sale is directly between the Seller and Buyer.
While we may help facilitate the resolution of disputes through various programs, Faith Markets has no control over and does not guarantee the existence, quality, safety or legality of resources advertised; the truth or accuracy of users' content or listings; the ability of Sellers to sell resources; the ability of Buyers to pay for resources; or that a Buyer or Seller will actually complete a transaction or return a resource.
Using Faith Markets
In connection with using or accessing Faith Markets’ Services you will not:
Sellers must meet Faith Markets’ minimum performance standards. Failure to meet these standards may result in Faith Markets limiting, restricting, suspending, or downgrading your Seller account.
If we believe you are abusing Faith Markets in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a Buyer or Seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both Buyers and Sellers.
Pricing of Resources
Sellers and Publishers are solely responsible for setting the prices for the sale of their Resources distributed through the Marketplace, provided that such pricing (for resources that are not offered free of charge) is not below the minimum price set by Faith Markets. The minimum price is subject to change. Sellers are obligated to sell their Resources at the prices listed on the Marketplace.
The fees we charge for using our Marketplace Services are listed below. We may change our Seller fees from time to time by posting the changes on the Faith Markets site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You must have a payment method on file when selling on Faith Markets and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 180 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees.
Sellers who wish to sell their Resources through the Marketplace must join Faith Markets. Two types of memberships are available for private Sellers: 1.) Basic Membership and 2.) Premium Membership. Basic Members who are Sellers pay no annual membership fee. Premium Members who are Sellers must pay an annual membership fee of $49.95, or as specified by limited time promotional pricing. Sellers can upgrade membership from the Basic level to the Premium level at any time.
Membership is also available for Publishers, who can join and sell as Publishers for no annual fee and will be charged Marketplace Fees on sales made through the Marketplace, as set forth below.
In consideration for the Services provided by Faith Markets, you (Seller) agree to pay Faith Markets a Marketplace Fee for all Resources you sell to Buyers through the Marketplace, in accordance with the following:
For each transaction, Faith Markets will automatically deduct the Marketplace Fee and the applicable Transaction Fee, from the sale price collected from Buyers through the Marketplace, and then will distribute the remaining amounts to the Sellers and Publishers as follows:
Faith Markets reserves the right to add, remove or otherwise alter the payment processors used by the Marketplace. We make no representation regarding the Services provided by our payment processors (e.g. PayPal), and are not responsible for delays in payment caused by them.
Seller Tax Liability
As a Seller you agree that you are responsible for any federal, state or local income or sales taxes that might apply to any sales you make using the Services of our Marketplace. Faith Markets is not responsible and will not withhold from your earnings any taxes you may owe on those earnings.
Buyers who wish to purchase Resources through the Marketplace also must join Faith Markets. Beyond the fees paid by Sellers, outlined above, Buyers pay no membership fee to join, and there is no additional Marketplace or Transaction Fee for Buyers who purchase materials through the Marketplace.
When listing a resource, you agree to comply with Faith Markets’ rules for listing and Selling Practices policy and that:
When providing content using the Marketplace, you grant us a non-exclusive, worldwide, royalty-free, right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Marketplace Services. To the fullest extent permitted under applicable law, you waive your right to enforce against Faith Markets your Intellectual Property Rights in connection with our, or any Buyers’, use of that content.
You represent and warrant that, for all content and resources you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Faith Markets takes no responsibility and assumes no liability for any content provided by you or any third party.
As a Buyer, you agree that Faith Markets is not responsible for examining or warranting the listings or content provided by Sellers through the Marketplace Services, and that you will not attempt to hold us liable for any inaccuracies or quality of the resource. As a Seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold us responsible for inaccuracies. You agree not to remove any copyright, proprietary, or identification markings and not to create any derivative works based on content (other than by including them in your listings).
The name "Faith Markets" and other Faith Markets marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Faith Markets in the U.S. and other countries. They may not be used without the express written prior permission of Faith Markets.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify us at [email protected] and we will investigate. However we cannot be held responsible for the infringement actions of Buyers or other users of your resources.
To protect Faith Markets from risk of liability for your actions as a Seller, Faith Markets has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a Seller's PayPal account based on certain factors, including, but not limited to, selling history, Seller performance, returns, transaction value, or the filing of a complaint against a Seller by a Buyer. This may result in PayPal restricting funds in your PayPal account.
Faith Markets Refund Guidelines
Most Faith Markets sales go smoothly, but if there's a problem with a purchase, Faith Markets will attempt to help Buyers and Sellers communicate and resolve issues. You agree to permit us to make a final decision on any Faith Markets’ refund dispute that cannot be resolved between Buyer and Seller.
If you (as Seller), choose to reimburse a Buyer, or are required to reimburse a Buyer, you authorize Faith Markets to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.
Beyond refunds for Marketplace purchases, if there is a dispute between you and any third party (including any member or visitor of the Marketplace) you agree that Faith Markets is not a party to such dispute, and you agree to release Faith Markets from any claims, demands or damages arising from or related to any such dispute.
Disclaimer of Warranties; Limitation of Liability
We try to keep our site safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Marketplace. Notification of downtime or flawed functionality in Faith Markets’ site may not occur.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the resource sold for on Faith Markets, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability.
If you have a dispute with one or more users, you release us (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind, arising out of such disputes.
You will indemnify and hold us as well as our officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Faith Markets’ Services or your breach of any law or the rights of a third party.
Judicial Forum for Legal Disputes
You agree that any claim or dispute that has arisen or may arise between you and Faith Markets must be resolved exclusively by a state or federal court located in Denver, Colorado. You and Faith Markets agree to submit to the personal jurisdiction of the courts located within Colorado for the purpose of litigating all such claims or disputes.