Terms of Use

1.Acceptance of these Terms

These Terms of Use (the “Terms”) are a binding agreement between you and Liberty Marketplaces LLC, an Arizona limited liability company (“Liberty,” “we,” “us” or “our”), and govern your access to and use of libertymarketplaces.com and any related pages we operate (the “Site”). By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is part of them. If you do not agree, do not use the Site.

If you use the Site on behalf of a company or other organization, you represent that you have authority to bind it, and “you” includes that organization.

2.About the Site

The Site provides general information about Liberty and the custom software we build and operate. Its content is provided for information only and may change at any time without notice. Nothing on the Site is an offer, quote, warranty or commitment to provide any service, and using the Site or contacting us does not by itself create a client relationship.

3.Client services are governed by separate agreements

Software and services we provide to clients are governed exclusively by the written agreements signed with each client, such as a proposal, evaluation agreement, order form and master subscription agreement (the “Client Agreements”). These Terms do not modify any Client Agreement. If these Terms conflict with a Client Agreement, the Client Agreement controls.

4.Eligibility

You must be at least 18 years old and able to form a binding contract to use the Site. The Site is intended for businesses and is not directed to children.

5.Permitted use and restrictions

Subject to these Terms, you may view and use the Site for your personal information or your organization's internal business purposes. You agree not to, and not to help anyone else to:

• copy, reproduce, republish, distribute, sell or create derivative works from any part of the Site, except as these Terms allow;
• scrape, crawl, harvest or index the Site by automated means, other than standard search-engine indexing that follows our robots.txt;
• use the Site's content to train, fine-tune or build any artificial-intelligence or machine-learning model;
• frame or mirror the Site, or remove or alter any notice of ownership;
• probe, scan or test the vulnerability of the Site, breach or circumvent any security or access control, or access any area of the Site not intended for the public;
• interfere with or disrupt the Site, including by sending viruses, malware or excessive traffic;
• decompile, reverse engineer or attempt to obtain the source code of the Site, except where the law expressly permits it;
• impersonate any person or misrepresent your affiliation with any person or with Liberty; or
• use the Site in violation of any law or regulation or anyone's rights.

6.Intellectual property

The Site and everything on it, including text, video, images, graphics, designs, software, and the names “Liberty Marketplaces” and associated logos, are owned by Liberty or its licensors and are protected by copyright, trademark and other laws. Except for the limited right to use the Site in Section 5, no right or license is granted to you, by implication or otherwise, and all rights not expressly granted are reserved. You may not use our names, logos or trademarks without our prior written permission.

7.Communications, ideas and feedback

Information you send us through the Site, by email or otherwise is not confidential unless we have agreed otherwise in a signed written agreement, such as a non-disclosure agreement or Client Agreement. If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation or compensation to you. We are not obligated to review or respond to unsolicited ideas, and doing so does not create any obligation.

By contacting us, you agree that we may communicate with you electronically, and that electronic communications satisfy any requirement that a communication be in writing.

8.Third-party sites and services

The Site may link to websites, products and services operated by others. We do not control and are not responsible for them, and a link does not mean we endorse them. Your use of them is at your own risk and subject to their terms.

9.No professional advice

Content on the Site is general information. It is not legal, financial, tax, accounting or other professional advice, and you should not rely on it as such.

10.Disclaimer of warranties

The Site and all content on it are provided “as is” and “as available,” without warranties of any kind, express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

11.Limitation of liability

To the fullest extent permitted by law, in no event will Liberty or its members, managers, employees, contractors, agents, licensors or service providers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to the Site or these Terms, whether based on contract, tort (including negligence), strict liability or any other theory, even if advised of the possibility of such damages. Our total liability for all claims arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US$100). These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of certain damages, so some of these limitations may not apply to you.

12.Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless Liberty and its members, managers, employees, contractors and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.

13.Changes to the Site and suspension

We may change, suspend or discontinue all or any part of the Site at any time, with or without notice, and may restrict or end your access to it if we believe you have violated these Terms. We are not liable to you or anyone else for doing so.

14.Dispute resolution, binding arbitration and class-action waiver

Please read this section carefully. It affects your legal rights.

• Informal resolution first. Before starting any arbitration or court proceeding, you and Liberty agree to try to resolve any dispute informally. The party raising the dispute must send written notice describing it and the relief sought (to us at hello@libertymarketplaces.com and our mailing address). If the dispute is not resolved within 60 days after the notice is received, either party may proceed as described below.
• Binding arbitration. Except as provided below, any dispute, claim or controversy arising out of or relating to the Site or these Terms, including their formation, scope, validity or enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, before a single arbitrator. The arbitration will take place in Maricopa County, Arizona, or, at either party's request, by video conference or written submissions. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction. Fees will be allocated as the AAA rules provide.
• Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to or misuse of the Site.
• Class-action and jury-trial waiver. You and Liberty agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. To the extent any dispute proceeds in court rather than arbitration, you and Liberty each waive the right to a jury trial.
• Opt-out. You may opt out of this arbitration agreement by emailing hello@libertymarketplaces.com with the subject “Arbitration Opt-Out” within 30 days after you first use the Site, stating your name and that you opt out.
• Severability. If the class-action waiver is found unenforceable as to any claim, that claim must be severed and brought in court, not in arbitration. If any other part of this section is found unenforceable, the rest remains in effect.
• Time limit. To the extent permitted by law, any claim arising out of or relating to the Site or these Terms must be brought within one year after it arises, or it is permanently barred.

15.Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules, and, where applicable, the federal laws of the United States. Subject to Section 14, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over any dispute, and you consent to their personal jurisdiction and venue.

16.General terms

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Liberty about the Site and supersede any prior understanding about it. Client Agreements govern client services as described in Section 3.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them without restriction.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Relationship. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship.
• Survival. Sections 6 through 21 survive any termination of your access to the Site.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

17.Electronic communications and signatures

When you use the Site or email us, you consent to receive communications from us electronically, and you agree that agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. Electronic signatures and electronic acceptance, including by clicking or checking a box, are binding to the same extent as handwritten signatures. Notices to us must be sent to hello@libertymarketplaces.com.

18.Reporting security problems

Do not probe, scan, load-test or test the security of the Site or of any system we operate unless we have approved it in advance in writing (email is enough), and then only within the scope and times we approve. If you believe you have found a security problem in the Site or in software we operate, report it to hello@libertymarketplaces.com with enough detail for us to reproduce it, and do not access, change or keep anyone else's information or share the problem with others until it is fixed. We thank people who report problems responsibly.

19.Copyright complaints

We respect intellectual-property rights. If you believe material on the Site infringes your copyright, send a notice to hello@libertymarketplaces.com that identifies the copyrighted work, the material you believe infringes it and where it appears, your contact information, a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law, and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner, with your physical or electronic signature. We will review the notice and remove or disable material where appropriate.

20.Export controls and sanctions

You may not use or access the Site, or obtain any service from us, in violation of U.S. export-control or sanctions laws, or if you are located in, or are owned or controlled by anyone located in, a country or region subject to comprehensive U.S. sanctions, or appear on any U.S. government list of restricted or prohibited parties.

21.Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the “Last updated” date above. Changes take effect when posted, except that changes to Section 14 will not apply to any dispute of which we had actual notice before the change. Your continued use of the Site after changes are posted means you accept them.

22.Contact us

Questions about these Terms? Contact us: