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Shop Owner's Agreement

Last Updated: Mar 31, 2018 10:36PM EDT
Bodhi Seven Corporation, DBA Mindful Market, a New York State S corporation (sometimes herein “Mindful Market,” “We”, “Us” or “Our”), offers services through the domain www.mindfulmarket.com (sometimes herein the “Site”). By registering an online shop with Mindful Market, you (“Shop Owner,” “You” or “Your,” which collectively includes You and any other entity you may be representing) agree to abide by the Terms of Service (”Terms") outlined below. Mindful Market reserves the right to edit these Terms at any time, so We recommend checking back from time to time for any changes that might apply to You. Your registration with Mindful Market as a Shop Owner constitutes a binding agreement between You and Mindful Market (“Shop Owner’s Agreement").

Mindful Market provides a web application (“Software”) that allows Shop Owners to create online shops through which they can sell goods and services online. Mindful Market also provides merchant services, including hosting of the online shop, access to site design templates, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”).

Mindful Market is occasionally known to speak in the rare dialect known as “legalese,” such as on this page. Please bear with Us as We do so.

General

When a Shop Owner lists an item (product or service) for sale on Mindful Market and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Shop Owner should sell and the buyer should buy the goods or services for the price agreed to by the Shop Owner and its buyer.

Account Terms for All Shop Owners

Order fulfillment is the Shop Owner’s sole and full responsibility. All products purchased through a Mindful Market online shop must be fulfilled by the Shop Owner in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Shop Owner and its buyer. Failure to fulfill orders may cause Your shop to be suspended by Mindful Market.

Mindful Market requires the use of Stripe as the Payment Solution for Your online shop. Using Stripe as a “Payment Solution” means that You use Stripe exclusively to process online payments from Your shop customers. In order to use Stripe with Your shop, You are required to sign up for a Stripe account and comply with the Stripe User Agreement and Privacy Policy.

You are responsible for any customization of Your Mindful Market online shopfront, including graphics and information.

You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products and services listed in Your Mindful Market online shop.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your Mindful Market account.

Mindful Market’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Shop Owner and is responsible for any and all activities.

You authorize Mindful Market to process any and all of Your Mindful Market account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. Mindful Market cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your account and password.

You may not use Mindful Market  online shops for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You will be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your Mindful Market online shop.

We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You expressly understand and agree that Mindful Market shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,

including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of Mindful Market.

Mindful Market does not claim any intellectual property rights over the material You provide to the Mindful Market service. All material You upload remains Yours.

You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.

Technical support is only available via email, due to the small size of Our team, which allows Us to keep costs down as We provide Our Services to You for free.

Mindful Market works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support(at)Mindful Market.com. Mindful Market does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition.

A breach or violation of these Terms, at the sole discretion of Mindful Market, may result in immediate termination of Your Services.

As a shop owner, all of the products you sell in Shopfront may also be marketed or sold through the Mindful Market online marketplace (the “Marketplace”) should you choose to open a Marketplace shop. 

In the event that Mindful Market markets or sells Your products in the Marketplace, Mindful Market may charge You a commission on (i) all sales made as a result of, or following, a customer’s exposure to Your products via the Marketplace and/or related marketing channels (including, but not limited to, e-mail and promotional materials) (an “Acquired Customer”) and
(ii) any subsequent sales to an Acquired Customer whether made through the Marketplace or directly through Your Shopfront (collectively the “Fees”).  WE CURRENTLY DO NOT MAKE ANY COMMISSION OFF THE SALE OF ANY ITEMS IN YOUR SHOP OR THE MINDFUL MARKET MARKETPLACE.

The determination whether a transaction is subject to the Fees shall be made in Mindful Market’s sole discretion. Information regarding the currently applicable Fees can be found here. You shall pay all Fees in accordance with Mindful Market’s then current payment policies which can be found at here. If you believe there has been an error in calculating the Fees, you can contact Mindful Market at support@MindfulMarket.com.

Inclusion in the Mindful Market Marketplace is not guaranteed and your shop may be removed from the Marketplace at our discretion. Reasons for removal include, but are not limited to:
Mindful Market receiving more than 3 customer complaints regarding your shop;
Your shop averaging a rating of less than 0;
An incomplete shop FAQ section;
Missing brand assets, such as logo, banner, or poor quality photographs.


We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
Prohibited Listings and Products
We expect Shop Owners to undertake necessary due diligence to confirm the products listed for sale in Your Mindful Market online shop are in strict conformity with all applicable laws. In the event Mindful Market concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. Mindful Market reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.

The following products, items and services are not permitted to be sold or listed for sale on the Site:

Media which has been copied likely infringes copyrights and trademarks and may not be sold on the Site. Any copyrighted materials which have been copied without authorization are prohibited on the Site. Furthermore, the following items are not permitted to be sold or displayed on the Site:
  • Unauthorized copies of photographs and pictures.
  • Unauthorized recordings of music or concerts.
  • Unauthorized soundboard recordings.
  • Unauthorized merchandise.
  • Unauthorized reproductions of movies.
  • Unreleased/prereleased movies or video related thereto such as previews and trailers.
  • Unpublished and unauthorized film scripts, electronic press kits and unauthorized props.
  • Unauthorized reproductions of books
  • Unauthorized recordings or copies of recordings of radio programs or television programs and unauthorized scripts.
  • Any video games or software unless such video games and/or software are full retail versions.
  • Media which is produced and distributed for promotional use only are not authorized for retail distribution or sale, including but not limited to promo books, promo music albums and CDs, promo films and promo software.
  • Unauthorized replica, counterfeit and “knock-off” merchandise is prohibited.
  • Celebrity images and/or the use of celebrity names without permission of a celebrity or their management including products containing such images.
  • Solutions Manuals.
  • Media transferred from one format to another.
  • Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct; gratuitous nudity or suggestive gratuitous nudity; any item depicting a nude individual under the age of 18 years; the offer to engage in sexual activity with anyone or anything; the offer of a massage or other service requiring physical contact; the offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services; adult novelties, toys and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States. Tasteful nudity may be allowed if the artwork is considered fine art, such as Michelangelo’s David.
  • Listings intended wholly or mainly as gateways to commercial or private websites for the purposes of advertising, or that offer contact information for non-Mindful Market transactions.
  • The sale of Internet domain names (URLs).
  • Cash or equivalent instruments.
  • Weapons. Mindful Market does not permit the listing of weapons of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, fireworks, crossbows, hunting bows, knives of any kind, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.
  • Illegal items. Items sold in a Mindful Market online shop must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold on Mindful Market include: tobacco products including Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity.
  • Items that infringe upon an individual’s privacy including the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.).
  • Living creatures and unauthorized/illegal wildlife products.
  • Offensive material as deemed offensive by Mindful Market in its sole discretion including items such as crime-scene photos and human organs and body parts.
  • Real estate.
  • Recalled products.
  • Any item that enables unauthorized transmission/reception of a satellite broadcast/signal.
  • Stolen property and goods.
  • Tobacco and tobacco products.
  • Wine and other alcoholic beverages and related products.
  • Unauthorized copies of art in any form.
  • Any product that by listing same on the Site violates any law in any jurisdiction.
  • Automobile tires or batteries.
  • Counterfeit money.
  • Electronic smoking products.
  • Illegal drugs or drug paraphernalia.
  • Any product containing any hazardous or dangerous material including mercury or any product whose use is regulated by any law in any jurisdiction.
  • Lockpicking equipment.
  • Lottery tickets.
  • Coupons. 
  • Medical equipment unless approved in advance by Us.
  • No plants or seeds designated by any agency as noxious or dangerous and no illegal plants or seeds.
  • Postage meters.
  • Slot machines.
  • Electronic surveillance equipment.
  • Tanning devices unless approved in advance by Us.
  • Service contracts or warranties.
  • Additionally, posting of links to outside websites intended to sell items—particularly those with non-Mindful Market ordering tools or information or posting promotional logos to credit outside services is strictly prohibited.
  • Social followers, likes, follows, etc.
Spam Products & Comments
Mindful Market does allow shop owners to setup more than one shop using the same Stripe account, However as a shop owner you are not allowed to list identical products in more than one shop attached to a single Stripe account. Any shop owners found listing identical products in more than one shop that they operate will have all shops attached to their account immediately disabled, as well as being banned from Mindful Market.com.

As a shop owner you agree not to "spam" other products in the Mindful Market Marketplace by leaving comments including links or text asking users to view your shop or product. This not only makes you look bad as a shop owner it also reflects poorly on the entire Mindful Market Marketplace. Any shops found spamming the Mindful Market Marketplace will have their shop and account immediately disabled.

Any shop owners found "gaming" the system by creating fake user accounts to generate Envies for their products will be immediately disabled and banned from Mindful Market.com ​
Disclaimer and Dispute Resolution
 MINDFUL MARKET ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. MINDFUL MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. MINDFUL MARKET DOES NOT WARRANT : THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, ‘WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN NO EVENT WILL MINDFUL MARKET OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT, (II) INABILITY TO USE THE SITE, THE SERVICES, OR ANY CONTENT THEREON, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT THEREON, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, SHOPFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MINDFUL MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES MINDFUL MARKET’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

If a dispute arises between You and Mindful Market, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against Mindful Market in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Shop Owner’s Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions.

Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater New York, New York area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in New York.

Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the New York, New York office of the American Arbitration Association. Such arbitration proceedings will be conducted in New York, New York and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.

Attorneys’ Fees – In the event Mindful Market is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Shop Owner’s Agreement with respect to a Claim relating to Your use of the Site, You shall reimburse Mindful Market for such reasonable attorneys’ fees and expenses.
These Terms are effective March 31, 2018, for current Shop Owners, and upon use of the Site by a new Shop Owner. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Shop Owner’s Agreement. This Shop Owner’s Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

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