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Public.Market Terms of Use


Last updated: Sept. 26, 2018


Welcome to Public.Market. Abundance Labs, Inc., and/or its affiliates ("Abundance Labs") provide a website and other products and services to you when you visit or shop at Public.Market, use Abundance Labs products or services, or use software provided by Abundance Labs in connection with any of the foregoing (collectively, "Public.Market Services"). Abundance Labs provides the Public.Market Services subject to the following conditions.

By using Public.Market Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Public.Market Services, and sometimes additional Policies may apply. If these Terms of Use are inconsistent with the Policies, those Policies will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of Public.Market Services, to understand our practices.

BUYER REWARDS

Please review our Rewards Terms, which also governs your participation in the Public.Market Buyer Rewards program, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Public.Market Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Public.Market Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Public.Market Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Abundance Labs or its content suppliers and is protected by United States and international copyright laws.

TRADEMARKS

Public.Market and its logos are trademarks of Abundance Labs. Abundance Labs's trademarks may not be used in connection with any product or service that is not Abundance Labs's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Abundance Labs. All other trademarks not owned by Abundance Labs that appear in any Public.Market Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Abundance Labs.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Policies, Abundance Labs or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Public.Market Services. This license does not include any resale or commercial use of any Public.Market Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Public.Market Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Terms of Use or any Policies are reserved and retained by Abundance Labs or its licensors, suppliers, publishers, rights holders, or other content providers. No Public.Market Service, nor any part of any Public.Market Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Abundance Labs Labs. You may use the Public.Market Services only as permitted by law. The licenses granted by Abundance Labs terminate if you do not comply with these Terms of Use or any Policies.

RESTRICTIONS ON USE AND ACCESS

When accessing and using the Public.Market site, you agree you will not do the following:

  • Violate any law, rule, regulation, or these Terms of Use or Policies;

  • Engage in conduct that is fraudulent or otherwise harmful to Abundance Labs, our sellers, partners, or any other user;

  • Display to others, mirror, or frame the Public.Market site, or any component of the Public.Market site;

  • Access the Public.Market site if we have prohibited you from such access;

  • Circumvent any rules or terms set forth on the Public.Market site including those relating to any promotion, contest or program on the Public.Market site;

  • Access, tamper with, or use non-public areas of the Public.Market site, Abundance Labs’s computer systems, or the technical delivery systems of Abundance Labs or Abundance Labs’s providers;

  • Probe, scan, or test the vulnerability of any Public.Market site or breach any security or authentication measures;

  • Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Public.Market site;

  • Violate the security of any computer network, or crack any password or security encryption codes.

  • “Crawl”, “scrape” or “spider” any page, data or portion of or relating to the Services or Content (through use of manual or automated means).

  • Copy or store any significant portion of the content.

  • Infringe or violate the intellectual property rights or any other rights of anyone else (including Abundance Labs)

  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Public.Market site;

  • Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Public.Market site;

  • Collect any personally identifiable information from users of the Public.Market site or use any such information found on the Public.Market site;

  • Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;

  • Use the Public.Market site to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;

 

You will not use Public.Market site or Public.Market’s or Abundance Labs’s name, logo, logomark, or any brand or identity-related assets to do any of these actions:

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a Abundance Labs trademark, logo, URL, or product name without Abundance Labs’s express written consent;

 

And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Public.Market site (such as by attempting to retrieve information from or about the Public.Market site) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP/HTTPS header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Public.Market site. You also agree not to disregard our robots.txt files.

If you attempt to access, search, or otherwise use the Public.Market site in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for Abundance Labs to immediately and without notice to you, terminate your access to the Public.Market Service.

YOUR ACCOUNT

You may need your own account to use certain Public.Market Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.You promise to provide us with accurate, complete and updated registration information about yourself. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will only use the Services for your own personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, you are not authorized to use the Services. We cannot and will not be responsible for you using the Services in a way that breaks the law.

Abundance Labs does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Public.Market Services only with involvement of a parent or guardian. Alcohol listings on the Public.Market Services are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol.

Abundance Labs reserves the right to refuse service, terminate accounts, terminate your rights to use Public.Market Services, remove or edit content, or cancel orders in its sole discretion.

If you are agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use (in which case the references to “you” or “your” in these Terms of Use, except for in this sentence, refer to that organization or entity).

Certain Services functionality and offers may not be available to you if you choose to not verify your email address.

ORDER PLACEMENT

Shipping
Public.Market Sellers only ship within the United States (50 states and District of Columbia). For more information about shipping and delivery, please see our Policies.

Orders and Pricing
Some of the sellers that list products on the Public.Market site may use dynamic pricing engines. This means that as you shop on the Public.Market site, the prices of items in your cart may increase or decrease. It is your responsibility to review your entire final order, including total purchase price, and each individual item price, before submitting your final purchase request at checkout.

Pricing errors, out-of-stock and other errors occasionally occur on the Public.Market site. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.

Taxes
Items sold on the Public.Market site may be subject to tax. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the seller(s).

Items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.

Title and Risk of Loss
Title to the items purchased by you on the Public.Market site (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by Abundance Labs.

Returns and Refunds
Returns and refunds are available only as described in our Returns/Refund policy. While Abundance Labs and its sellers will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Returns/Refund policy and any guarantees on future orders.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE PUBLIC.MARKET SITE

The Public.Market site contains information provided by third party sellers and other content providers. Despite our efforts to be accurate, we do not guarantee any aspect of any product information on the Public.Market site, including, without limitation, product images, descriptions, specifications and reviews. The information on the Public.Market site is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, miscategorized, or not helpful. (Although hopefully it isn’t!)

Product information contained on the Public.Market site may differ from information contained on the actual product materials. Before you act on information you find on the Public.Market site, you must independently confirm any facts about the item(s) that are important to your decision.

If you purchase a product that is not as described, your sole remedy is to return it and request a refund in accordance with our Returns/Refund policy.

If you find an error or notice something that doesn't look right on the Public.Market site, we would appreciate it if you let us know by writing to us at support@public.market. Your feedback is a big part of what makes Abundance Labs better.

Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the Public.Market site, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The Public.Market site does not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information. The Food and Drug Administration has not evaluated information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER SUBMITTED CONTENT

You acknowledge that you are responsible for all materials and content you submit to Abundance Labs via the Public.Market Site or other electronic communications. This means you are responsible for the legality, accuracy, appropriateness, originality and copyright of such material you submit.

You may submit suggestions, ideas, comments, reviews, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin the content.

If you do post content or submit material, and unless we indicate otherwise, you grant Abundance Labs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Abundance Labs and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Abundance Labs for all claims resulting from content you supply. Abundance Labs has the right but not the obligation to monitor and edit or remove any activity or content. Abundance Labs takes no responsibility and assumes no liability for any content posted by you or any third party.

You agree not to submit content that:

  • infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;

  • is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;

  • is fraudulent, false, misleading, or deceptive;

  • is defamatory, obscene, pornographic, vulgar, or offensive;

  • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

  • has a commercial purpose;

  • is intended to cause harm, damage, disable, or otherwise interfere with the Public.Market site or our partners; or

  • can be considered a third party’s private or confidential information.

COPYRIGHT COMPLAINTS

Abundance Labs respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at legal@publicmarket.io

PRODUCT DESCRIPTIONS

Abundance Labs attempts to be as accurate as possible. However, Abundance Labs does not warrant that product descriptions or other content of any Public.Market Service is accurate, complete, reliable, current, or error-free. If a product offered by a Public.Market Seller is not as described, your sole remedy is to return it to the seller in unused condition.

SANCTIONS AND EXPORT POLICY

You may not use any Public.Market Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Public.Market Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Abundance Labs Software), technology, and services.

OTHER BUSINESSES

Parties other than Abundance Labs operate stores, provide services or software, or sell product lines through the Public.Market Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Abundance Labs does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Uses.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PUBLIC.MARKET SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PUBLIC.MARKET SERVICES ARE PROVIDED BY ABUNDANCE LABS AND/OR ITS SELLERS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ABUNDANCE LABS AND/OR ITS SELLERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PUBLIC.MARKET SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PUBLIC.MARKET SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PUBLIC.MARKET SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ABUNDANCE LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABUNDANCE LABS DOES NOT WARRANT THAT THE PUBLIC.MARKET SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PUBLIC.MARKET SERVICES, ABUNDANCE LABS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ABUNDANCE LABS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Abundance Labs WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PUBLIC.MARKET SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PUBLIC.MARKET SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Public.Market Service, or to any products or services sold through the Public.Market Service will be resolved by binding arbitration, rather than in court,, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to legal@publicmarket.io or at Abundance Labs Labs, Inc., P.O. Box 410534, San Francisco, CA 94141.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

INDEMNIFICATION

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Abundance Labs and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Public.Market site, any content you post or submit to the Public.Market site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Abundance Labs reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Abundance Labs if and as requested by Abundance Labs in the defense of such matter.

APPLICABLE LAW

By using any Public.Market Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Abundance Labs.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Public.Market Services. We reserve the right to make changes to our site, policies, Policies, and this Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT AND ADMISSIBILITY; APPLICABILITY TO SELLERS

These Terms of Use constitute the entire agreement and understanding between you and Abundance Labs with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you access or use the Public.Market site in your capacity as a registered Public.Market retail partner (i.e., a seller who has registered with Abundance Labs to sell products on the Public.Market site), then the Public.Market Seller Agreement will apply to you in connection with such access and use, not these Terms of Use. When a Public.Market retail partner or other Public.Market supplier accesses or uses the Public.Market site in any other capacity (e.g., as a shopper), these Terms of Use apply and not the Public.Market Seller Agreement.

OUR ADDRESS

Abundance Labs, Inc.
P.O. Box 410534
San Francisco, CA 94141

ADDITIONAL Abundance Labs SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Public.Market Services (the "Abundance Labs Software").

  1. Use of the Abundance Labs Software. You may use Abundance Labs Software solely for purposes of enabling you to use the Public.Market Services as provided by Abundance Labs, and as permitted by this Terms of Use and any Policies. All software used in any Public.Market Service is the property of Abundance Labs or its software suppliers (unless expressly indicated otherwise) and is protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the Abundance Labs Software, you may also be using the services of one or more third parties, such as a wireless carrier, a mobile software provider or a payment processor. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Abundance Labs Software, whether in whole or in part.

  4. Updates. We may offer automatic or manual updates to the Abundance Labs Software at any time and without notice to you.

  5. Government End Users. If you are a U.S. Government end user, we are licensing the Abundance Labs Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Abundance Labs Software are the same as the rights we grant to all others under these Terms of Use.

  6. Conflicts. In the event of any conflict between these Terms of Use and any other Abundance Labs or third-party terms applicable to any portion of Abundance Labs Software, such as open-source license terms, such other terms will control as to that portion of the Abundance Labs Software and to the extent of the conflict.