Who are we? The Patriots’ Mercantile, LLC, (TPM), provides a forum to connect buyers and sellers to exchange goods and services without any moral recriminations. We are a privately held company, registered in Arizona. By accessing TPM’s website, thereby accessing or otherwise interacting with our servers, services, website, or any associated content/postings, you agree to follow these rules.
Who are you? You are a private person, or business entity that gives TPM the authority to accept your listing for a good or service that is legal, and to which you have title and privilege to conduct a business transaction. From this point forward, you are referred to as “a licensee.”
You agree that:
(1) You are of sufficient age and capacity to use TPM, and you agree to be bound by this agreement.
(2) All goods, or services you provide are legally yours to tender and negotiate. This means that you may not claim ownership of property you do not have legal right to sell, or provide a service restricted by the law of your state.
(3) You may not to copy/collect TPM data by any means.
(4) You may not list any misleading, unsolicited, and/or unlawful postings/communications/accounts that intend to fraudulently obtain value no matter the source.
(5) You are to grant TPM’s administrators final say as to what can and cannot be listed on our website. There is no appeal process; thus, the administrator’s word is final.
(6) You will not bypass our administrator’s duty to ensure proper compliance with our rules, and should content be posted that fails to meet our standards, you will hold TPM “harmless” for any content that our administrator fails to identify as inappropriate.
(7) You will not remove or alter any copyright, trademark or other proprietary rights notices.
(8) You agree not to use TPM’s website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Fees and cost for services. When you make a paid posting, you authorize us to charge the information of the account provided. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
Disclaimers and limit to liability. To the full extent permitted by law, TPM, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest:
(1) make no promises, warranties, or representations as to TPM, including its completeness, accuracy, availability, timeliness, propriety, security or reliability;
(2) provide TPM on an “AS IS” and “AS AVAILABLE” basis and any risk of using TPM is assumed by you;
(3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and
(4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with TPM. Note well, TPM is NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to posting on TPM’s website.
Claims and indemnity. Any claim, cause of action, demand, or dispute arising from or related to posting on TPM’s website will be governed by the internal laws of Arizona, without regard to conflict of law provisions, except to the extent governed by US federal law.
All claims will be exclusively determined in the Maricopa County Superior Court, Phoenix, Arizona. Thus, you agree to (1) submit to the personal jurisdiction Maricopa County Superior Court, Phoenix, Arizona; (2) indemnify and hold TPM harmless from any claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to posting on TPM’s website; and (3) be liable and responsible for any loss, or claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Any reference to material not explicitly made in this agreement: Unless you have entered into a separate written or electronic agreement with us that expressly references and modifies this agreement, this is the exclusive and entire agreement between TPM and our “licensees,” and it supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
All documents directly linked with the content and fees associated with listing on TPM’s website are incorporated by refence into this agreement, and are subject to the full benefit of this agreement.