Terms and Conditions

Relationship between customer and service provider

TERMS OF USE: (Customer)

This document and other documents referenced below make up our Terms of Use (“Terms”). The Terms are a legally binding contract between you and United Market.

IMPORTANT: PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UNITED MARKET ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

This contract sets out your rights and responsibilities when you use United Market, our mobile app, and the other services provided by United Market (collectively referred to as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

Amendment of Terms

United Market may amend the Terms from time to time. Amendments will be effective upon United Market’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. These Terms expressly supersede prior agreements or arrangements with you. United Market may immediately terminate these Terms or deny your access to any Services at any time for any reason.

UNITED MARKET’S LIMITATIONS AS A VENUE:

United Market is an online platform where users can search for and contract with small businesses, entrepreneurs, or individuals (collectively referred to as “Service Providers”). Although United Market provides the venue for these connections to be made, it is not a part of any transaction that you enter into with the service providers on our platform. By using this online service, you understand and agree that:

  1. You are not contracting or purchasing any services or products from United Market, but instead from one (or more) of the many Service Providers soliciting their services on United Market.
  2. United Market does not pre-screen the Service Providers on our platform, and therefore does not guarantee or endorse any services or products sold on United Market, or any content posted by these Service Providers on United Market’s website or mobile app.
  3. United Market does not have any duty or obligation to investigate the accuracy of the descriptions and marketing materials posted by Service Providers.
  4. Each Service Provider has their own policies regarding disputing transactions, unsatisfactory quality of work, and returns.
  5. United Market does not have any duty or obligation to investigate the quality of work performed by any Service Providers.
CASE SYSTEM FOR DISPUTES:

Although United Market is not directly involved in any transactions between you and a Service Provider, we provide a case system in the unlikely event that there is a dispute regarding the services or product you received. By using United Market’s case system, you understand that United Market may use your personal information for the purpose of resolving disputes with the Service Provider.

(Provide a system and guidelines for when this option is appropriate and what steps need to be taken in order for UM to intervene)

ARBITRATION AGREEMENT

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against United Market on an individual basis in arbitration, as set forth in this Arbitration Agreement. You are precluded from bringing any class, collective, or representative action against United Market, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against United Market by someone else.

Agreement to Binding Arbitration Between You and United Market

You and United Market agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and United Market, and not in a court of law.

You acknowledge and agree that you and United Market are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and United Market otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and United Market each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Georgia.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Georgia and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure

Unless you and United Market otherwise agree, the arbitration will be conducted in Fulton County, Georgia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and United Market submit to the Arbitrator, unless you request a hearing, or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. United Market will not seek, and hereby waives all rights United Market may have under applicable law to recover attorneys' fees and expenses if United Market prevails in arbitration.

Fees

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, United Market will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason:

  1. The unenforceable or unlawful provision shall be severed from these Terms;
  2. Severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and
  3. To the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY:

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UNITED MARKET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UNITED MARKET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UNITED MARKET DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

UNITED MARKET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UNITED MARKET, EVEN IF UNITED MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNITED MARKET SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

  1. YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
  2. ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF UNITED MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNITED MARKET SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UNITED MARKET'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SERVICE PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

UNITED MARKET SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES OFFERED BY SERVICE PROVIDERS, BUT YOU AGREE THAT UNITED MARKET HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THE SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UNITED MARKET’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UNITED MARKET’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold United Market and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

  1. Your use of the Services or services or goods obtained through your use of the Services;
  2. Your breach or violation of any of these Terms;
  3. United Market's use of your User Content; or
  4. Your violation of the rights of any third party, including Service Providers.
GOVERNING LAW:

These Terms are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Georgians to assert claims under Georgia law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement Section of these Terms, are only intended to specify the use of Georgia law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Georgia law to you if you do not otherwise reside in Georgia. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Clause or to any arbitrable disputes as defined therein. Instead, as described in in the Arbitration Agreement Section of these Terms, the Federal Arbitration Act shall apply to any such disputes.

Forum

United Market is based in Georgia, therefore any legal action against United Market related to our services must be filed and take place in the Superior Court of Fulton County, Georgia.

Notice

United Market may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to United Market, with such notice deemed given when received by United Market, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o United Market. The name and current contact information for the registered agent is available online (here).

General

You may not assign these Terms without United Market's prior written approval. United Market may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of United Market's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, United Market or any Service Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. United Market's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by United Market in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

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