Terms of Service

Please read these Terms of Service carefully before using The CME Marketplace.

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 Definitions

For the purposes of these Terms of Service:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named The CME Marketplace.
  • Buyer refers to users of the Service who are placing Orders for Goods.
  • Country refers to United States of America.
  • Company (referred to as either the "Company," "We," "Us," or "Our") refers to The CME Marketplace.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, cell phone, or digital tablet.
  • Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
  • Operator (referred to as either the "Operator," "We," "Us," or "Our") refers to The CME Marketplace.
  • Order means a request by You to purchase or trade by any means Goods on the Application or Website.
  • Seller refers to users of the Service who are listing Goods and making them available for trade by any means.
  • Service refers to the Application or the Website or both.
  • Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service.
  • Third-Party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to The CME Marketplace, accessible from https://cmemarketplace.com.
  • You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Contact Us

If you have any questions about these Terms of Service, you can contact us:

3. Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access the Service.

You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator.

4. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

4.1 European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

4.2 United States Legal Compliance

You represent and warrant that:

  1. You are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country; and
  2. You are not listed on any United States government list of prohibited or restricted parties.

4.3 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

4.4 Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5. User Accounts

5.1 Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username:

  • The name of another person or entity that is not lawfully available for use;
  • A name or trademark that is subject to the rights of another person or entity without appropriate authorization; or
  • A name that is offensive, vulgar, or obscene.

5.2 Account Information

You may be asked to supply certain information relevant to Your Account, including, without limitation, Your name, email, phone number, and address.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, you may be asked to supply bank account details and identity documents.

Before or during placing an Order, you may be asked to supply credit card information, expiration date, billing address, and shipping information.

5.3 Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4 Account Password

You are responsible for safeguarding the password that You use to access the Service and for all activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

5.5 Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service, delete Your Account from the Service, or contact Us for help.

6. Content

6.1 Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain all of Your rights to any Content You submit, post, or display on or through the Service and are responsible for protecting those rights.

You represent and warrant that:

  1. The Content is Yours or You have the right to use it and grant Us the rights and license provided in these Terms; and
  2. The posting of Your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

6.2 Content Restrictions

The Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account.

You may not transmit any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable.

Examples include:

  • Unlawful or content promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content.
  • Spam or unauthorized advertising or solicitation.
  • Content containing viruses, malware, or other harmful software.
  • Content that infringes on proprietary rights.
  • Impersonation of any person or entity.
  • Content that violates the privacy of any third party.
  • False information or features.

The Company or Operator reserves the right, but not the obligation, to determine whether Content is appropriate and complies with these Terms, and may refuse or remove Content that violates these Terms.

6.3 Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 Intellectual Property and Copyright Infringement

We respect the intellectual property and copyrights of others. It is Our policy to respond to claims that Content posted on the Service infringes the copyright or other intellectual property rights of another person.

If you believe copyrighted work has been copied in a way that constitutes copyright infringement through the Service, you must submit a written notice to our copyright agent via email and include the required information described in these Terms.

7. Orders and Transactions

7.1 General Order Terms

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.2 The CME Marketplace's Role in Orders

Our role is one of a facilitator between You and the Sellers using the Service. We are therefore a third party in Orders, which limits Our liabilities in disputes between You and Sellers.

We are not a party to any agreement You have with the Sellers.

7.3 Buyer Information

If You wish to place an Order for Goods available on the Service, You may be asked to provide information relevant to Your Order, including your name, email, phone number, payment information, billing address, and shipping information.

You represent and warrant that:

  1. You have the legal right to use any payment method in connection with an Order; and
  2. The information You provide is true, correct, and complete.

7.4 Availability, Errors, and Inaccuracies

We and Sellers are constantly updating the offerings available through the Service. Goods may be mispriced, inaccurately described, or unavailable.

We and Sellers cannot and do not guarantee the accuracy or completeness of information, including prices, images, specifications, availability, and services.

We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.

7.5 Prices

The Company or Operator and Seller reserve the right to revise prices at any time prior to accepting an Order.

Prices may also be revised after accepting an Order in certain circumstances beyond the control of the Company or Operator or Seller. In such cases, You will have the right to cancel the Order.

7.6 Payments

Payment can be made through the various payment methods available through the Service. We rely on payment gateways that have their own terms of service and limitations.

Payment cards are subject to validation and authorization by the card issuer.

7.7 Service Fees

We may charge fees and applicable taxes for the right to use the Service. More information about when service fees apply and how they are calculated will be displayed during your Order.

We reserve the right to change service fees at any time.

7.8 Order Modifications

You and the Sellers are responsible for any Order modifications you agree to make through the Service and agree to pay any additional amounts, fees, or taxes associated with an Order modification.

7.9 Order Cancellation

7.9.1 Our Cancellation Rights

We reserve the right to refuse or cancel an Order for reasons including:

  • Goods availability
  • Errors in descriptions or prices
  • Errors in Your Order
  • Mistakes from the Seller

We may also refuse or cancel an Order if fraud or an unauthorized or illegal transaction is suspected.

7.9.2 Cancellation by Buyers

If You as a Buyer cancel an Order, the amount You paid, including Service fees, is not refunded.

If something outside Your control requires You to cancel an Order, or if You believe your Order should be refunded, con