Welcome to Opus Marketplace. We’re thrilled to have you as a customer, but in order to use our website you’ll have to follow certain rules.
1. Accepting these Terms
Our Terms constitute a legally binding contract between you and Opus Marketplace. We are an online marketplace for real-life, appointment-based services. We’re dedicated to bringing service providers from various industries together with paying customers in one efficient, streamlined marketplace. We hope that Opus Marketplace can be a platform that serves the needs of small businesses and consumers alike.
The purpose of this contract is to set out your rights and responsibilities when you use the services provided by Opus Marketplace, which we’ll refer to as the “Services” from now on. Our Services include our website, any mobile apps that we offer now or in the future, and any other services provided by us to you.
By clicking “Accept” upon creating your Opus Marketplace account and by simply using our Services, you are agreeing to these Terms. If you do not agree with these Terms, your only remedy is to not use or stop using our Services.
3. Your Relationship with Opus Marketplace. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Opus Marketplace.
4. Your Opus Marketplace Account
You’ll need to create an account with us to use most of our Services. Certain rules apply to your account, including the following:
a. You Must be 18 or Older to Use Our Services. If you are under the age of 18, you may only use our Services under the supervision of a Parent or Guardian.
b. You Must Provide Truthful Information About Yourself. Don’t provide false information or impersonate another person or company with your account.
c. No Offensive Usernames. Your account username can’t be offensive, vulgar, or obscene, and it can’t infringe someone else’s intellectual property rights.
d. You Are Responsible for Your Account. When you put your name and billing information on your account, it means that you are personally responsible for all activity on that account, even if the account is shared with others. If you are managing an account for a business entity, then by registering the account in your name you are personally warranting that you have the authority to agree to these Terms on behalf of that business. You are also responsible for protecting the security of your account by selecting a strong password, keeping that password safe, and changing it periodically. Remember, any activity on your account, including billing, is your responsibility.
e. Your Account is Not Transferable. You aren’t allowed to sell, give, or assign your account to someone else.
5. Community Areas of Opus Marketplace and Your Content
Our Services include certain interactive features and community areas that you can use as a customer of Opus Marketplace. For example, when you purchase a service through our website, you’ll have the opportunity to leave a review of the service and the service provider. Other such features include or may include, but aren’t limited to, user comments, messaging between customers and service providers, messaging between customers and Opus Marketplace employees, profile pictures and information, usernames, and other text, images, video, and other content provided by you while using our Services. As Opus Marketplace grows, these community features may grow and change, but for the purposes of these Terms, “Your Content” means anything that you have added, contributed, provided, or posted to or through the use of our Services.
a. Responsibility for Your Content. Simply put, we are not responsible for Your Content. You are. You understand that you are solely responsible for Your Content and represent that you have all necessary rights to it and that you’re not infringing or violating the rights of any third party by posting it to our website, app, or any other feature or area of our Services.
b. Permission to Use Your Content. We don’t take any responsibility for Your Content, and we don’t claim to own it, but by posting it through our Services, you are giving us your permission to use it in any manner.
c. The Rights You Grant Opus Marketplace. By posting Your Content, you grant Opus Marketplace a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works from Your Content for the purpose of providing our Services, in any manner, format, and through any channel, including throughout our Services, third-party websites or services, and any advertising platform or medium.
By granting us this license, you’re helping to build Opus Marketplace and make it better for users like yourself. For example, you’re giving us permission to use positive reviews to promote our service providers’ products, either on our website or in an ad, and to translate your reviews or descriptions into other languages, making Opus Marketplace more accessible and robust.
d. Unauthorized Content. We take the intellectual property rights of others very seriously. Opus Marketplace is committed to complying with all applicable laws and procedures to ensure that infringing content is removed from our Services. If content that you own or have rights to has been posted to our Services without your permission and you would like it removed, contact us at email@example.com. If Your Content is found to be infringing someone else’s intellectual property rights, we will remove upon the receipt of proper notice and notify you that it has been removed.
e. Prohibited Content. At Opus Marketplace, we take the safety, security, and well-being of our customers and service providers very seriously. Certain types of content may not be posted to Opus Marketplace on legal and moral grounds. You agree that you will not post any content that is illegal, abusive, threatening, vulgar, obscene, or that discriminates against anyone based on race, ethnicity, gender, sexual orientation, national origin, or which is otherwise in violation of our Nondiscrimination Policy, below. You also agree not to post any content to our Services that is false, misleading, fraudulent, or deceptive.
f. Our Intellectual Property Policy. You agree to abide by the policies and procedures found in our Intellectual Property Policy (http://opusmarketplace.com/ip-policy/), which is deemed to be incorporated herein by reference.
6. Your Use of Our Services
We grant you a limited, revocable, non-exclusive, non-transferable license to use our Services subject to these Terms in general and the following restrictions in particular:
a. You Must Obey the Law. You may not use our Services in connection with any violation of local, state, federal, or international laws that apply to you. This includes the commission of any crime against Opus Marketplace, any other Opus Marketplace user, or any third party. You also agree not to interfere with or try to disrupt our Services or our computer systems by any use of malicious computer code.
b. You Must Pay Your Bill. You agree that you are responsible to pay all fees that you owe to Opus Marketplace, in accordance with our Fees and Payment policies, set out below. You are also solely responsible for paying any taxes that may apply to your purchases on Opus Marketplace.
c. Respect Our Intellectual Property. You agree not to reverse engineer or attempt to gain access to the source code of our Services. You also agree not to use any manual or automated method of copying data from our Services, including “scraping,” “spidering”, or “crawling” any page of the Services. The data we present through the Services is intended for use within the Services only. You are not authorized to reproduce or use any data, content, or code taken from our Services (except for Your Content) without express written permission from us.
7. Nondiscrimination Policy
You agree to our Nondiscrimination Policy, which is deemed to be incorporated herein by reference. You can review our Nondiscrimination Policy (http://opusmarketplace.com/nondiscrimination-policy/).
8. Fees and Payment
Opus Marketplace allows users to purchase Hosted Services from Independent Service Providers through our Services. Independent Service Providers are third parties who form a contractual relationship with us to sell their services through our marketplace. Opus Marketplace assists them in the creation of service products posted on our Services that you can purchase. Opus Marketplace charges our Independent Service Providers a Service Fee to use our Services, which is represented by a percentage amount of the retail price of each Hosted Service. The Service Fee is negotiated between Opus Marketplace and each Independent Service Provider as part of their application process.
a. Termination of Your Account by You. You may cancel your account with Opus Marketplace at any time from your account settings page. You will still be responsible for paying any outstanding fees or payments due to us, and termination of your account will not remove any of Your Content that you previously posted to the Services.
b. Termination of Your Account by Opus Marketplace. We reserve the right to terminate or suspend your Opus Marketplace account(s) and any related account(s) at any time, for any reason, and without prior notice to you. You do not have a right, contractual or otherwise, to use the Opus Marketplace Services. We may refuse service at any time, to anyone, for any reason.
Regardless of how your account with Opus Marketplace is terminated, you may lose any and all information associated with that account, including Your Content.
c. We May Discontinue the Services. We reserve the right to change, suspend, discontinue, or terminate any of the Services at any time, for any reason. You agree that Opus Marketplace will not be liable to you for any loss you suffer, financial or otherwise, as a result of any such changes, discontinuation, or termination of the Services.
d. Survival of This Agreement. These Terms will survive any and all termination of your account or any change, suspension, or discontinuation of the Services. This means that the Terms will remain and effect and be binding on you even after you cease using our Services or the Services cease to exist.
10. Limitation of Liability and Warranties
Opus Marketplace makes no warranties about and will not be legally liable to you for the following:
a. Hosted Services Purchased on Opus Marketplace. So as not to confuse the Opus Marketplace Services defined and covered by these Terms with those offered by Opus Marketplace service providers (“Independent Service Providers”), we’ll refer to any services purchased through the Opus Marketplace Services from Independent Service Providers as “Hosted Services.” Hosted Services, in other words, refer specifically to those services you purchase through Opus Marketplace from our Independent Service Providers: for example, a massage, tailoring services, catering services, etc.
Opus Marketplace is merely a venue and a platform for the purchase and sale of our Hosted Services.
You understand, by agreeing to these Terms, that we do not perform, oversee, inspect, produce, or certify the Hosted Services offered through Opus Marketplace. We provide the venue; the Hosted Services in our marketplace are offered and sold directly by Independent Service Providers. The Independent Service Providers who offer Hosted Services in our marketplace are not Opus Marketplace employees. We do not control or supervise them beyond the terms of the contractual relationship that allows them to sell Hosted Services through our Services. Therefore, we cannot and do not make any warranties about the quality, safety, or even the legality of Hosted Services. Furthermore, local, state, federal, or international law may require certification or licensure in order to legally perform certain services. We also cannot and do not warrant or take any responsibility for the licensing status or certification of any Independent Service Provider providing such services through our marketplace. If you encounter a legal problem with one of our Independent Service Providers or with a Hosted Service, any legal claim must be brought directly against the Independent Service Provider who provided that service.
You release Opus Marketplace from any claims related to Hosted Services sold through our Services, including for defective, ineffective, or unsatisfactory services, misrepresentations by Independent Service Providers in the performance of services, and physical injury caused by or resulting from Hosted Services, directly and indirectly.
b. Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. Opus Marketplace makes no representations concerning any content posted by users through the Services. We are not responsible for the legality, accuracy, decency, or intellectual property law compliance of any content posted to the Services by users. You release us from any and all liability arising from or relating to that content.
c. Interactions with Independent Service Providers. You may use our Services to interact with our Independent Service Providers. Everyone who becomes an Independent Service Provider goes through an application process, during which we screen for certain criteria related to their suitability and compatibility to use our Services, but we cannot and do not make any representations as to their professional integrity, legal, ethical, and criminal history, social acumen, financial status, or any other aspect of their personal or professional lives. You release us from all liability relating to your interactions with our Independent Service Providers. Please use common sense and caution when interacting with any service provider or business person.
d. Interactions with Other Users. You may also use our Services to interact with other users of Opus Marketplace. We do not screen users in any way. You release us from all liability relating to your interaction with other users on our Services.
e. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t control or own. Examples of such third-party services include links to social media websites like Facebook, Twitter, and Instagram, as well as links to the private websites of our Independent Service Providers. You may also use certain products or services in order to access our Services, such as your computer or mobile device. You use all of these third-party services at your own risk. You may be required to accept terms and conditions to use third-party services. Those terms and conditions are solely between you and the third party; we are not a party to them.
Opus Marketplace is committed to making our Services the best that they can be, but no one is perfect, and we can’t promise that we’ll always get it right. You understand that our Services are provided “as is” and without any kind of warranty, express or implied. We expressly disclaim any warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties implied by a course of performance, a course of dealing, or usage of trade.
Neither can we or do we guarantee that the Services will be complete, secure, or available at any time or location, that any defects or errors will be corrected, that the Services will be free of viruses or other harmful materials, or that the results of using the Services will meet your expectations. At all times, you use the Services solely at your own risk. In jurisdictions that do not allow limitations on implied warranties, the above limitations may not apply.
Limits of Liability
To the fullest extent provided by law, neither Opus Marketplace nor our employees or managers shall be liable to you for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. Our aggregate liability for damages shall never exceed one hundred US Dollars ($100) or the amount you paid us in fees over the last twelve months. In jurisdictions that do not allow limits on incidental or consequential damages, the above limitations may not apply.
If we are ever sued for something you did, you agree to defend us and indemnify us. This means that you will defend Opus Marketplace and our employees and hold us harmless from any legal claim or demand, including reasonable attorney’s fees, that arises from your actions, your use or misuse of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
Even though you are indemnifying us, we reserve the right to handle our legal defense however we see fit, and you agree to cooperate with us in mounting our chosen defense.
12. Disputes with Independent Service Providers and Other Users
We encourage you to resolve any disputes with Independent Service Providers by reaching out to them and making your best efforts to resolve things amicably.
If you’re unable to resolve a dispute on your own, you may contact us and request our assistance. Opus Marketplace will make a good faith attempt to help you resolve your differences with the Independent Service Provider in question. In doing so, we will rely on our own interpretation of our policies, these Terms, and the agreement that exists between us and the Independent Service Provider. What assistance we offer remains in our own absolute discretion. We have no obligation to resolve disputes between our users and Independent Service Providers, and we make no promises that you will receive a result in your favor, including any refund or compensation when we help you resolve a dispute. We will not make judgments regarding legal issues or claims.
13. Disputes with Opus Marketplace
If you’ve encountered a problem using our Services, please let us know and we will do our best to resolve it. If we can’t work things out, then the following rules will govern any legal dispute involving our Services:
a. Governing Law. The Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules, and the laws of the United States of America, regardless of where you live, work, or use our Services.
b. Arbitration. The parties to these Terms (you and Opus Marketplace) jointly agree that any dispute or claim arising from or relating to the Terms or the Services they cover shall be settled by arbitration, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (which are deemed to be incorporated herein by reference). The arbitration shall be handled by a sole arbitrator in accordance with those rules, and shall be conducted in the English language. The arbitrator’s judgment shall be binding on both parties and may be entered in any court that has jurisdiction. Any arbitration occurring under these Terms will be conducted on an individual basis, meaning that class arbitrations or class actions are not permitted.
By agreeing to these Terms, you and Opus Marketplace are each waiving the right to a trial by jury or to participate in a class action. That waiver notwithstanding, each party shall, however, have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief while the arbitrator’s final decision is pending. This means that, while we can’t sue each other in court for monetary damages, we each retain the right to bring an action requesting that a court compel the other to comply with these Terms or take (or cease and desist) some other action that is equitable and just.
c. Forum. Any legal action, including the aforementioned arbitration, against Opus Marketplace related to these Terms must be filed and take place within the State of North Carolina. If there are any actions that are not subject to arbitration, the parties agree to submit to the jurisdiction of a state court located in Buncombe County, North Carolina, or the United States District Court for the Western District of North Carolina.
We reserve the right to modify these Terms at any time, without notice to you. However, we’ll do our best to keep you updated by posting notices of changes to the Terms to our Services. Ultimately, however, you understand that it is your responsibility to be aware of these Terms (and your obligations under them) in their most current form, so please check back here regularly. We will post all updates to the Terms in this space.
15. Miscellaneous Legal Provisions
The Terms, including all policies and other documents incorporated by reference in the Terms, supersede any other agreement (oral or written) between you and Opus Marketplace regarding the Services, and embody the entire agreement and understanding between the parties relating to the Services.
The Terms are intended to be severable, meaning that if any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms does not constitute a waiver of our right to later enforce that or any other part of the Terms.
Opus Marketplace may assign any of its rights or obligations under the Terms.
The headings used throughout the terms are intended for convenience and description only, and shall not control or alter the meaning of the Terms contained within the text.
16. Contact Information