Terms and Conditions
TERMS AND CONDITIONS FOR ONLINE USE OF
MADE IN THE LEHIGH VALLEY MARKETPLACE
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY LISTING PRODUCTS FOR SALE ON THIS WEBSITE OR PLACING AN ORDER FOR PRODUCTS FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT LIST PRODUCTS FOR SALE ON THIS SITE OR ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE SELLER OR PURCHASER OF SUCH PRODUCT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS SITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to the listing, purchase, and sale of products through https://madeinthelehighvalley.com/ (the “Site“). These Terms are subject to change by MADE IN THE LEHIGH VALLEY MARKETPLACE LLC (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before listing or purchasing any product that is available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before listing or placing an order for products through this Site.
- Listing of Products by Vendor. To the extent you are a seller on the Site (each a “Vendor”), you agree that you have been creating your products for a minimum of two (2) years and that your products listed on the Site are locally sourced and made or created by you in the Lehigh Valley, Pennsylvania (“Your Product”). For purposes of the Terms, Lehigh Valley, Pennsylvania means the geographic radius within twenty (20) miles of City of Bethlehem, Pennsylvania. You understand you are solely responsible for Your Product and have all necessary rights to all parts of Your Product and are not infringing upon or violating any third-party rights by listing Your Products on the Site.
- Order Acceptance and Cancellation. To the extent you are a purchaser on the Site, you agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by the applicable Vendor, or such Vendor will not be obligated to sell the products to you. Vendors may choose not to accept orders at their sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
- The price to join as a Vendor on the Site is posted and this Site and is subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions at any time as it relates to the price and terms applicable to a Vendor on the Site.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation email. Vendors will always strive to display accurate price information, however, they may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and Vendors have the right to cancel any orders arising from such occurrences.
- Terms of payment for Vendors on the Site are within the sole discretion of us. Unless otherwise agreed by us in writing, payment must be received by us before you may join as a Vendor on the Site, as determined in our sole discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your applicable to join as a Vendor on the Site.
- Terms of payment for purchase of products from the Site are within the sole discretion of each Vendor. Unless otherwise agreed by Vendor in writing, payment must be received by the Vendor before they accept an order. Payment methods will be listed by each Vendors, as determined in their sole discretion. You represent and warrant that (i) the credit card information you supply to us and any Vendor is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
- Vendors agree to arrange for shipment of Your Product to a purchaser. All shipping and handling charges specified during the ordering process must be paid by and are the sole responsibility of the purchaser.
- Title and risk of loss pass to you, as purchaser on the Site, upon Vendor’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed by Vendor. We are not liable for any aspects of shipping and handling, including any fees, damage to products, or delays in shipments.
- Returns and Refunds. Unless otherwise agreed to in writing with the Vendor, no returns of any type will be accepted.
- Manufacturer’s Warranty and Disclaimers. We do not manufacture, control, grow, or create any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product or Vendor. Accordingly, we do not provide any warranties with respect to the products offered on our Site.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $50 OR (B) THE AMOUNT YOU PAID US IN FEES IN THE MONTH PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Release of MADE IN THE LEHIGH VALLEY MARKETPLACE LLC. Any legal claim related to a product you purchase must be brought directly against the Vendor for that product. You release us from any claims, demands, and damages related to items sold through our Site, including for defective items, misrepresentations by Vendors, or items that caused physical injury. You release us from any claims, demands, and damages relating to the content described in Section 11. You agree to release us from any claims, demands, and damages arising out of disputes with Vendors, other users of the Site, or third parties.
- Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
- Intellectual Property Use and Ownership. Content that you, as a Vendor, post on the Site relating to Your Product is your content (“Your Content”). You acknowledge and agree that:
(a) You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it. You further agree that you have not and will not use artificial intelligence to create Your Product or Your Content.
(b) By posting Your Content on the Site, you grant us and, as authorized by us in our sole discretion, third parties, a license to use Your Content. We do not have any ownership interest in Your Content; provided however, that you grant us and, as authorized by us in our sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the services through the Site and to promote the Site, in any formats and through any channels, including across third-party website or advertising medium. Further, you grant us the right to use, repost, resize, enhance, or otherwise modify Your Content for the purposes of promoting the Site and the services provided through the Site.
(c) In the event we discover or are notified that infringing content has been posted to the Site, we reserve the right to take all necessary measures to remove infringing content from the Site. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We will notify you at or prior to the removal of such content or termination of your account with us.
(d) You agree that you will not post any content that is abusive, threatening, defamatory, discriminatory, obscene, vulgar, or otherwise policies, procedures, and the Terms. You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://madeinthelehighvalley.com/, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania. If there are claims between you and us that aren’t subject to arbitration, we each agree to litigate those claims exclusively in state or federal court in Lehigh County, Pennsylvania, and to submit to the personal jurisdiction of those courts.
- Dispute Resolution and Binding Arbitration.
- YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, YOU WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VENDORS OR CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic mail at madeinthelv@gmail.com along with a copy (ii) by personal delivery, overnight courier, or registered or certified mail to MADE IN THE LEHIGH VALLEY MARKETPLACE LLC, ______________________________________. We may update the electronic mail or address for notices to us by posting a notice on the Site. Notices provided by electronic mail or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last Updated Date: November 1, 2023