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User Agreement

This User Agreement (“Agreement”) is between you and Schedgehog LLC (“Schedgehog”) and sets out the terms on which we will offer you access to and use of our marketplace platform (“Marketplace Platform”) to sell your products. You agree to comply with all of the terms and conditions in this Agreement when accessing or using our Marketplace Platform. Sales are between the buyer and seller. 

2. Using our Marketplace Platform:

In connection with using or accessing our Marketplace Platform you will not:

• Post, list or upload content or items in inappropriate categories or areas;

• Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;

• Use our Marketplace Platform if you are not able to form legally binding contracts (for example, if you are under 18 years old in the U.S.), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

• Fail to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;

• Manipulate the price of any item or interfere with any other user's listings;

• Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

• Distribute viruses or any other technologies that may harm our Marketplace Platform or the interests or property of users;

• Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Marketplace Platform for any purpose, except with the prior express permission of Schedgehog;

• Interfere with the working of our Marketplace Platform, or impose an unreasonable or disproportionately large load on our infrastructure;

• Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Schedgehog;

• Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Marketplace Platform or post content that does not belong to you;

• Harvest or otherwise collect information about users without their consent; or

• Circumvent any technical measures we use to provide our Marketplace Platform.

  If we believe you are abusing our Marketplace Platform 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 Marketplace Platform, delay or remove hosted content, remove you from the community or take other technical and/or legal steps to prevent you from using our Marketplace Platform.

  YOU UNDERSTAND AND AGREE THAT BY USING OUR MARKETPLACE PLATFORM, THIS IS AN EXCLUSIVE ARRANGEMENT. IF YOU USE OUR MARKETPLACE PLATFORM TO SELL YOUR PRODUCTS, YOU MAY NOT OFFER THE SAME, EXACT PRODUCTS ON ANY OTHER SITE.

  3. Fees

  Schedgehog charges a non-refundable fee of 8% of the purchase price to use our Marketplace Platform to sell your products. This fee will be automatically taken off the purchase price at the time of purchase. The seller, not Schedgehog, are responsible for any tax on such sales.

  4. Listing Conditions

  When listing an item, you agree to comply with the following policies:

• You are responsible for the accuracy of the description for all products you offer;

• Content that violates any of our policies may be modified, obfuscated or deleted at Schedgehog's discretion;

• We may revise product data associated with listings to supplement, remove, or correct information; and

• Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

  5. Content

  When providing content respecting your products, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) that you have in such content in connection with our provision, expansion, and promotion on our Marketplace Platform, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Schedgehog any of your Intellectual Property Rights in the content you use in connection with offering your products on our Marketplace Platform.

6. Representations and Warranties

You represent and warrant that, for all such content you provide when using our Marketplace Platform, 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 you will deliver all products offered for sale by you, unless you have a valid reason to not deliver them. You represent and warrant that if you offer any products on our Marketplace Platform that these products will not be offered on any other site. 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 third party’s Intellectual Property Rights. Schedgehog takes no responsibility and assumes no liability for any content provided by you.

7. Disclaimer of Warranties; Limitation of Liability

We try to keep our Marketplace Platform, safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Marketplace Platform. Such functionality may be subject to delays beyond our control. You agree that you are making use of our Marketplace Platform at your own risk, and that this service is be- ing 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 parent, subsidiaries, and affiliates, and our and their 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:

• The content you provide (directly or indirectly) using our Marketplace Platform;

• Your use of or your inability to use our Marketplace Platform;

• Delays or disruptions in our Marketplace Platform;

• Viruses or other malicious software obtained by accessing or linking to our Marketplace Platform;

• Glitches, bugs, errors, or inaccuracies of any kind in our Marketplace Platform;

• Damage to your hardware device from the use of our Marketplace Platform;

• The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; or

• A suspension or other action taken by Schedgehog with respect to your account due to your breach of this Agreement.

  Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

  8. Indemnity

  You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) 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, your improper use of our Marketplace Platform or your breach of any law or the rights of a third party.

  9. General

  You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Maryland, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Schedgehog, except as otherwise stated in this Agreement, will be exclusively governed by the federal or state courts sitting in Maryland, you unconditionally agree to be subject to such courts, and you waive any argument that such courts or the venue are inconvenient.

  Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

  Headings are for reference purposes only and do not limit the scope or extent of such Section. Our 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.

  We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through. This Agreement may not otherwise be amended except through mutual agreement by you and a Schedgehog. The Agreement and all terms and polices posted through our Marketplace Platform set forth the entire understanding and agreement between you and Schedgehog, and supersede all prior understandings and agreements of the parties.