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Last updated July 24, 2016

Terms and Conditions

The following describes the terms and conditions on which Judgment Marketplace LLC (“Judgment Marketplace”) offers you access to our website (the “Site”). These terms and conditions ("Terms and Conditions") describe the policies, terms, and conditions applicable to your use of our services ("Services") at the Judgment Marketplace Web Site (the "Site"). Please read these Terms and Conditions carefully. Your use of our Services indicates that you accept these Terms and Conditions, as amended by Judgment Marketplace from time to time. You may not use our Services if you do not accept these Terms and Conditions.

Judgment Marketplace reserves the right to make changes to this Site and these Terms and Conditions at any time without prior notice. This Agreement may not otherwise be amended except in writing signed by Judgment Marketplace.

  1. Ownership of Site.

    The Site is owned by Judgment Marketplace, organized and existing under the laws of the State of Delaware, with its principal office located in Cincinnati, Ohio. Judgment Marketplace owns or licenses from third parties all information and other content as well as all of the software and technology related to the Site, including, but not limited to, all HTML code, Java applets, graphics, icons, wallpaper, characters, artwork and text related to or contained in the Site (collectively call the "Technology"). You may not use the Site or copy, transmit, publish, modify, distribute, perform, create derivative works from or reverse engineer any of the Technology except as expressly permitted by these Terms and Conditions. Judgment Marketplace may, at any time and in its sole discretion, add, delete or change the Site (including but not limited to these Terms and Conditions) and any of the Services provided by or through the Site without notice.

  2. Eligibility to Use of Our Service.

    Our Services are available only to users who can form legally binding contracts under the laws of the United States of America and the country, state and/or territory in which such user resides. Without limiting the foregoing, our Services are not available to (a) anyone under the age of 18, (b) users whose use of our Services has been temporarily or indefinitely suspended, (c) nationals or residents of any country restricted by the United States Government, as such restricted countries may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services.

  3. The Site is Only a Venue.

    1. The Site acts as a venue to allow anyone to offer, sell, buy and trade products in the categories listed on the Site, at any time, in a variety of formats, including a fixed price format and/or “Offer and Sale” format. Judgment Marketplace is not involved in the actual transaction between buyers and sellers. As a result, Judgment Marketplace has no control over the quality, validity, safety or legality of the items advertised for Sale on its Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Judgment Marketplace cannot and will not ensure that: i) a buyer or seller will actually complete a transaction; ii) any listings are valid unless expressly certified by Judgment Marketplace; or iii) that any documents purporting to assign or transfer an interest in a judgment from one party to another are or will be deemed valid by the respective Court or its Clerks in the respective state and/or courthouse.
    2. Safe Trading. Because user authentication on the Internet is difficult, Judgment Marketplace cannot and does not confirm each user’s purported identity. You assume all risk that you may be dealing with foreign nationals, underage persons or persons acting under false pretense. You may wish to consider using a third party escrow service or services that provide additional user verification.
    3. Release. In the event that you have a dispute with one or more users, you hereby release Judgment Marketplace (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes arising from any use of the Site or relationships formed with third parties through the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
    4. Information Control. Judgment Marketplace does not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks of dealing with international trade and foreign nationals.
  4. Buying.

    If you make an offer to purchase a judgment and a Seller accepts your offer, you are obligated to complete the transaction, unless the transaction is prohibited by law or by these Terms and Conditions. By submitting an offer on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of these Terms and Conditions or unlawful. Accepted bids are not retractable except in exceptional circumstances such as: i) the seller materially changes the item’s description after you bid ii) the judgment is vacated (in part or whole); iii) a clear typographical error is made; iv) the seller’s identity and/or authority to sell the subject judgment cannot be validated. By using our Site, you hereby agree that Judgment Marketplace’s discretion as to whether a Buyer may retract an accepted offer shall be deemed binding. Upon agreeing to purchase a judgment (or portfolio of judgments) you are obligated to place/deposit the full amount of the agreed price in escrow pending the Seller’s acknowledged execution and delivery of the assignment of judgment. A 5% Final Value Fee is charged by Judgment Marketplace for the sale of Listing on the Site (see paragraph 17 herein). The Final Value Fees are subject to change, however, no change shall be effective for the sale of any Listings which occurred prior to notice of same. The Final Value Fees are calculated by 5% of the gross fee paid by the Buyer to the Seller in consideration of the Seller’s assignment of the Listing. The Final Value Fees are incurred solely by the Seller and drawn directly from escrow.com from the proceeds of the sale of the Listing. By using the Site, you hereby agree, direct and authorize, that upon its receipt of the sale proceeds from the Buyer, escrow.com shall immediately and irrevocably pay Judgment Marketplace the Final Value Fees and you hereby waive your claim of any rights to said fee/portion of the sale proceeds.

  5. Listing and Selling.

    1. Listing Description. You may NOT provide any of your personal contact information in the Listing. Personal contact information as referred to in the previous sentence includes: i) Your telephone or fax number; ii) your email address; iii) your user identification for any form of third-party social media (Twitter, Facebook, etc.); iv) your physical address (home, work or other); and v) any other descriptive information beyond information on the face of the judgment that is designed to facilitate direct communication between you and any other members of Judgment Marketplace (hereinafter collectively referred to as “Contact Information”). You must be legally capable to sell the item(s) that you list for sale on the Site (including but not limited to having the legal capacity and authority to conduct the transaction). You must describe your item and all terms of sale on the listing page of the Site. Your listings may include text descriptions, graphics, images and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All uniform price and discriminative price auction items must be identical.
    2. If you accept an offer, or a counteroffer that you propose is accepted, you are obligated to complete the transaction. You are responsible to upload a signed and notarized assignment of the subject judgment within five (5) business days of the Buyer placing the full purchase price in escrow. The only acceptable bases for failing to complete the transfer of assignment are: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the Buyer’s identity.
    3. Fraud. Without limiting any other remedies, Judgment Marketplace may suspend or terminate your account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
    4. Manipulation. Neither you, nor any other Member of Judgment Marketplace may manipulate the price of any item nor may you interfere with other user’s listings. Such prohibited manipulation includes, without limitation, sending emails to potential buyers in a currently open listing being run by a different buyer, or use of any alias or a third party ID to manipulate the price of an item listed for sale by you on the Site.
    5. A 5% Final Value Fee is charged by Judgment Marketplace for the sale of Listing on the Site (see paragraph 17 herein). The Final Value Fees are subject to change, however, no change shall be effective for the sale of any Listings which occurred prior to notice of same. The Final Value Fees are calculated by 5% of the gross fee paid by the Buyer to the Seller in consideration of the Seller’s assignment of the Listing. The Final Value Fees are incurred solely by the Seller and drawn directly from escrow.com from the proceeds of the sale of the Listing. By using the Site, you hereby agree, direct and authorize, that upon its receipt of the sale proceeds from the Buyer, escrow.com shall immediately and irrevocably pay Judgment Marketplace the Final Value Fees and you hereby waive your claim of any rights to said fee/portion of the sale proceeds.
  6. Your Information.

    1. Definition. “Your Information” is defined as any information you provide to Judgment Marketplace or other users in the registration or listing process, in any public message area, or through any email feature. You are solely responsible for Your Information, and Judgment Marketplace acts as a passive conduit for your online distribution and publication of Your Information. Judgment Marketplace, however, may take any action with respect to Your Information as it deems necessary or appropriate if Judgment Marketplace believes that any part of Your Information may create liability for Judgment Marketplace or may cause Judgment Marketplace to lose (in whole or in part) the services of any of its suppliers.
    2. Restrictions. Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Judgment Marketplace or cause Judgment Marketplace to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these Terms and Conditions; (bb) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than the Site; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our Site (or consummate any transaction that was initiated using our Services) that, by paying to Judgment Marketplace the listing fee or the Final Value fee, could cause Judgment Marketplace to violate any applicable law, statute, ordinance or regulation, or that violates any applicable United States laws or the laws of the country, state or territory in which either you or your trading partner reside or to which the item being sold is to be shipped.
    3. License. Subject to the provisions of the Judgment Marketplace privacy policy for the Site, you hereby grant and agree to grant to Judgment Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use, publish, copy and distribute Your Information for any purpose related to the Site, the listing of items on the Site, the sale or purchase of items listed on the Site and the marketing and/or promotion of the Site or other products or services of Judgment Marketplace.
  7. Restrictions on Marketing to Judgment Marketplace Users.

    Absent express written authority from Judgment Marketplace, Users are prohibited from, marketing, soliciting and/or offering products and/or services to other Users of Judgment Marketplace (hereinafter referred to as “Self-Promotion”). This restriction relates to judgment brokers, attorneys, judgment execution specialists or any other service or product whether or not such service relates to judgments and/or the transfer/execution thereof. Self-Promotion is prohibited whether it is directed at an individual User of Judgment Marketplace or a group of Judgment Marketplace Users, and is prohibited whether the Self-Promotion communication is made via email, public announcement on the forum or any other transmission specifically geared toward Judgment Marketplace’s Users. Judgment Marketplace reserves the right to suspend and/or ban any Users who violate this policy without further warning.

  8. Letter of Interest.

    1. Buyers.
      • No Buyer is compelled to make an offer on a Listing simply because s/he signed a Letter of Interest (“LOI”).
      • Any Buyer who signs this LOI is indicating that s/he:
        - has the legal capacity to purchase the judgment or portfolio in the Listing; and
        - has a legitimate business interest in learning more about the judgment and/or judgment debtor.
      • The LOI phase is designed to provide the Buyer with an opportunity to negotiate with the Seller and/or make an offer on a Listing. A LOI is only valid upon acceptance by the Seller which may be revoked by either party at any time.
      • Upon acceptance of the LOI by Seller, the Buyer will be provided with direct communication to the Seller. While you will be permitted to contact the Seller directly, please remain mindful of the following prohibition(s) set forth by Judgment Marketplace:

        YOU MAY NOT SHARE CONTACT INFORMATION WITH THE SELLER OR SOLICIT CONTACT INFORMATION FROM THE SELLER. CONTACT INFORMATION INCLUDES:

        - NAME OF BUYER OR SELLER;
        - TELEPHONE/FAX NUMBERS;
        - EMAIL ADDRESSES;
        - PHYSICAL ADDRESS WHERE A PARTY CAN BE REACHED BY MAIL;
        - SOCIAL MEDIA INFORMATION (Facebook, Twitter, etc.); and
        - ANY MEANS OF CONTACTING THE OTHER PARTY OUTSIDE OF THE JUDGMENT MARKETPLACE FORUM NOT SPECIFIED ABOVE.

      • Contact information may never be shared before an offer has been accepted and the Buyer has submitted payment for the Listing through escrow.com. If a Buyer shares contact information with the Seller or solicits contact information from the Seller s/he is representing that the parties have agreed to a purchase price with the Seller. Upon transfer or solicitation of Contact Information, said party is representing that Judgment Marketplace is entitled to its 5% Final Value Fee (at the Seller’s full asking price) and may be billed accordingly. Failure to pay a bill timely may subject the soliciting/offering party to suspension/banning from the site in addition to other fees and penalties described below.
      • Furthermore, by using Judgment Marketplace Buyers are agreeing that they shall not contact the Seller directly to purchase his/her Listings outside of Judgment Marketplace’s framework.
      • By e-signing the LOI, Buyers are agreeing that they shall not purchase the subject Listing outside of Judgment Marketplace’s framework (i.e. by any means other than escrow.com). Buyers further agree that if they purchase the Listing outside of Judgment Marketplace’s framework and Judgment Marketplace does not timely receive its Final Value Fee (within 30 days of an assignment being entered with the Clerk of the Court), that the Buyer and Seller shall each be personally liable to Jugment Marketplace for the greater amount of five (5) times the Final Value Fees owed to Judgment Marketplace or ten thousand ($10,000.00) dollars per Listing. Buyers further agree to be personally liable for all reasonable attorneys’ fees incurred by Judgment Marketplace in enforcing this provision. Finally, Buyers agree that the courts serving Hamilton County, Ohio have jurisdiction over any disputes between Buyers and the Judgment Marketplace regarding this matter and that Ohio law shall govern.
      • In addition to the penalties set forth above, please be aware that sharing contact information or selling a Listing outside of Judgment Marketplace’s framework may subject you to the following penalties:
        - your membership with Judgment Marketplace may be suspended or revoked;
        - the Listing may be excluded from being resold through Judgment Marketplace; and
        - Judgment Marketplace may ban all future listings from the judgment creditor for unrelated judgments.
      • Penalties shall be applied at Judgment Marketplace's sole discretion and none of their remedies shall be deemed exclusive of any other remedy.
      • No party will be penalized if an opposing party has voluntarily provided his/her Contact Information without solicitation. However, even if a Seller freely gives you his/her contact information, you hereby agree not to purchase the Listing outside Judgment Marketplace’s framework. Should you buy the Listing from a Seller who volunteered their contact information or located you without using Judgment Marketplace to share contact information, all of the penalties described hereinabove shall be applicable.
      • Buyers hereby represent that they have created an account with escrow.com and that you shall use escrow.com to transfer any monies to the Seller pursuant to the purchase of a Listing.
      • Buyers hereby agree that upon paying for an accepted offer for a Listing, the 5% Final Value Fee due to Judgment Marketplace is non-refundable irrespective of whether or not the transaction is revoked unless said revocation results from Judgment marketplace’s malfeasance, misfeasance or nonfeasance.
      • Buyers hereby agree to hold Judgment Marketplace harmless for any deception, fraud, malfeasance, misfeasance or nonfeasance committed by the Seller whether said action or inaction occurs before or after an offer on a Listing has been accepted.
    2. Sellers.
      • The Letter Of Interest (“LOI”) is intended to convey the interest of a prospective buyer (the “Buyer”) in making a good faith offer to a seller (the “Seller”) of a judgment or portfolio of judgments listed on JudgmentMarketplace.com (the “Listing”). The LOI relates only to the judgment or portfolio that is linked to a particular Listing.
      • Buyers are not compelled to make an offer on a Listing simply because s/he signed a LOI.
      • Any Seller who countersigns a LOI is granting the Buyer permission to contact them directly online. Sellers may accept a LOI from as many Buyers as they see fit on any Listing. This enables Sellers to negotiate with more than one Buyer at a time and obtain the best price possible for the Listing.
      • Either party is permitted to withdraw the LOI at any time until there is an acceptance of an offer between Buyer and Seller.
      • The LOI phase is designed to provide the Buyer with an opportunity to negotiate with the Seller and/or make an offer on a Listing. During the LOI phase, Sellers are prohibited from making any changes to the Listing. If there is a status change in the Listing which affects the Listing’s value (e.g. death of judgment debtor, judgment debtor bankruptcy filing, partial payment subsequent to Listing, etc.) Sellers are responsible to revoke all outstanding LOI and specify the changes affecting the value of the Listing. After modifying the Listing appropriately, Sellers may receive fresh LOI from the same Buyers or different Buyers.
      • While Sellers are permitted to contact the Buyer directly Sellers should please remain mindful of the following prohibition(s) set forth by Judgment Marketplace:

        SELLERS MAY NOT SHARE CONTACT INFORMATION WITH THE SELLER OR SOLICIT CONTACT INFORMATION FROM THE SELLER. CONTACT INFORMATION INCLUDES:
        - NAME OF BUYER OR SELLER;
        - TELEPHONE/FAX NUMBERS;
        - EMAIL ADDRESS;
        - PHYSICAL ADDRESS WHERE A PARTY CAN BE REACHED BY MAIL;
        - SOCIAL MEDIA INFORMATION (Facebook, Twitter, etc.); and
        - ANY MEANS OF CONTACTING THE OTHER PARTY OUTSIDE OF THE JUDGMENT MARKETPLACE FORUM NOT SPECIFIED ABOVE

      • Contact information may never be shared before an offer has been accepted and the Buyer has submitted payment for the Listing through escrow.com. If Sellers share contact information with the Buyer or solicit contact information from the Buyer Sellers are representing that the parties have agreed to a sale of the Listing at the Seller’s full Listing price. Upon the Seller’s transfer or solicitation of Contact Information, the Seller is representing that Judgment Marketplace is entitled to its 5% Final Value Fee (at the Seller’s full asking price) and the Seller will be billed accordingly (whether or not the Seller has successfully sold the Listing). A Seller’s failure to pay a bill timely may subject a Seller to suspension/banning from the site in addition to other fees and penalties described below.
      • By using Judgment Marketplace Sellers are agreeing that they shall not contact the Buyer directly to sell the subject Listings outside of Judgment Marketplace’s framework.
      • By e-signing the acceptance of the LOI Sellers are agreeing that you they shall not sell the subject Listing outside of Judgment Marketplace’s framework (i.e. by any means other than escrow.com). Sellers further agree that if s/he sells the Listing outside of Judgment Marketplace’s framework and Judgment Marketplace does not timely receive its Final Value Fee (within 30 days of an assignment being entered with the Clerk of the Court), that the Seller and the Buyer shall each be personally liable to Judgment Marketplace for the greater amount of five (5) times the Final Value Fees owed to the Owners or ten thousand ($10,000.00) dollars per Listing. Sellers further agree to be personally liable for all reasonable attorneys’ fees incurred by the Owners in enforcing this provision. Finally, Sellers hereby agree that the courts serving Hamilton County, Ohio have jurisdiction over any disputes between you and the Owners regarding this matter and that Ohio law shall govern.
      • In addition to the penalties set forth above, please be aware that sharing contact information or selling a Listing outside of Judgment Marketplace’s framework may subject you to the following penalties:
        - the Seller’s membership with Judgment Marketplace may be suspended or revoked;
        - the Listing may be excluded from being sold on through Judgment Marketplace; and
        - Judgment Marketplace may ban all future listings from the judgment creditor for unrelated judgments.
      • Penalties shall be applied at Judgment Marketplace's sole discretion and none of its remedies shall be deemed exclusive of any other remedy.
      • No party will be penalized if an opposing party has voluntarily provided his/her Contact Information without solicitation. However, even if a Buyer freely gives you his/her contact information, you hereby agree not to sell the Listing outside Judgment Marketplace’s framework. Should you sell the Listing to a Buyer who volunteered their contact information or located you without using Judgment Marketplace to share contact information, all of the penalties described hereinabove shall be applicable.
      • Sellers hereby represent that they have created an account with escrow.com and that you shall use escrow.com to receive any monies from the Buyer pursuant to the purchase of a Listing.
      • Sellers hereby agree that upon payment being made for an accepted offer for a Listing, the 5% Final Value Fee is due to Judgment Marketplace and is non-refundable irrespective of whether or not the transaction is revoked unless said revocation results from Judgment Marketplace’s malfeasance, misfeasance or nonfeasance.
      • Sellers hereby agree to hold Judgment Marketplace harmless for any deception, fraud, malfeasance, misfeasance or nonfeasance committed by the Buyer whether said action or inaction occurs before or after an offer on a Listing has been accepted.
  9. Breach.

    Without limiting other remedies, Judgment Marketplace may immediately without notice issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you: (a) if you breach these Terms and Conditions or the documents it incorporates by reference; (b) if Judgment Marketplace is unable to verify or authenticate any information you provide to Judgment Marketplace; or (c) if Judgment Marketplace believes that your actions may cause legal liability for you, our users or Judgment Marketplace. Judgment Marketplace shall not be obligated to escalate its remedies under this provision and may immediately and without notice terminate your use of the Site.

  10. Access and Interference.

    The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Judgment Marketplace. [You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any auction being conducted on the Site.] You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Judgment Marketplace by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior expressed written permission of Judgment Marketplace or the appropriate third party.

  11. Downloaded Content.

    If any downloaded content (the “Downloaded Content”) is provided to you by the Site (e.g., Java applets, Active-X controls, etc.), you may use such Downloaded Content only as part of your use of the Site in compliance with these Terms and Conditions. You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content without the prior express written consent of Judgment Marketplace.

  12. User Submissions.

    Judgment Marketplace enjoys hearing from users of the Site and welcomes any feedback and/or input that users may have. Nevertheless, in order to avoid any disputes Judgment Marketplace asks that users not send any comments unless the user agrees that Judgment Marketplace will be licensed to use the comments in any way or manner that it chooses. Specifically, with respect to any design, idea, concept, suggestion, or other information users communicate to Judgment Marketplace, whether electronically to the Site or otherwise (collectively the “Submissions”), users automatically, and without further action or consideration, hereby grant, and agree to grant, to Judgment Marketplace a royalty-free, perpetual, irrevocable, non-exclusive license to, for any and all purposes, use, reproduce, publish, display, distribute, transfer, modify, license, sell, and create derivative works from such Submissions (or any part of such Submissions), in whole or in part and in any form, medium, or technology existing now or in the future.

  13. Copyright and Trademark Notices.

    Judgment Marketplace and/or the licensors of Judgment Marketplace own the copyrights to all aspects of the Site. “Judgment Marketplace”, “Judgment Marketplace LLC”, and “JudgmentMarketplace.com.com”, and all other names and designations used by Judgment Marketplace on or for any of its products or services referenced on the Site (collectively all the “Judgment Marketplace Marks”) are service marks or trademarks (or registered service marks or trademarks) of Judgment Marketplace. Other company names and other product or service names or designations referenced on the Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in the Site, the Technology, the Downloaded Technology and the Judgment Marketplace Marks are reserved by Judgment Marketplace. You may not use the Judgment Marketplace Marks for any purpose whatsoever without the prior express written consent of Judgment Marketplace.

  14. No Warranty.

    JUDGMENT MARKETPLACE PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. JUDGMENT MARKETPLACE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

  15. Disclaimer of Liability.

    IN NO EVENT WILL JUDGMENT MARKETPLACE BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICES AND THE SITE, EVEN IF JUDGMENT MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT JUDGMENT MARKETPLACE, ITS DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THE SITE, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON OR PROVIDED THROUGH OR WITH THE SITE, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE LISTED ON THE SITE, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) YOUR USE OF OR INABILITY TO USE THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  16. Controversy.

    1. Choice of Law. The laws of the State of Ohio, United States of America, without regard to its choice-of-law rules, will govern the instruction, interpretation, and enforcement of these Terms and Conditions.
    2. Arbitration. Subject to paragraph 8 herein, any legal controversy or legal claim arising out of or relating to these Terms and Conditions or our Services, excluding legal action taken by Judgment Marketplace to collect our fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Ohio, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Judgment Marketplace may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Ohio, United States of America, necessary to protect the rights or property of you or Judgment Marketplace pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs.
  17. Fees and Services.

    Currently, Judgment Marketplace does not charge a user for registration on the Site or for the Service of basic listing of items on the Site. However, Judgment Marketplace charges certain fees for special services including but not limited to premium listing services and other services that Judgment Marketplace may offer from time to time. In addition, upon the successful sale of an item, Judgment Marketplace is entitled to a 5% transactional fee (hereinafter referred to as “Final Value Fees”). Sellers should be aware that Final Value Fees are deducted directly from the sale price and are not added on, or in addition, to the agreed price of purchase. All fees are quoted in United States Dollars and the Fees are incorporated into these Terms and Conditions by this reference. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our Services. Judgment Marketplace may in its sole discretion change some or all of our Services at any time. In the event Judgment Marketplace introduces a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all applicable taxes related to or arising from the purchase or sale of items listed on the Site and for all other costs incurred by you to buy, procure a listing from the Site or access the Site’s servers. Your use of the Site and Services evidence your acceptance of the fees and your commitment to payment of all applicable fees. Fees paid to Judgment Marketplace for Services are nonrefundable.

  18. Indemnity.

    You agree to indemnify and hold Judgment Marketplace and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  19. Legal Compliance.

    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

  20. No Agency.

    You and Judgment Marketplace are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

  21. Notices.

    Except as explicitly stated otherwise, any notices shall be given by postal mail to Judgment Marketplace LLC, 10625 Techwoods Circle, Cincinnati, OH 45242 or to the email address you provide to Judgment Marketplace during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Judgment Marketplace may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Judgment Marketplace during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

  22. Procedure for Copyright Infringement Claims.

    If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including the specific web page address on this Site);
    4. Information reasonably sufficient to permit us to contact the complaining party;
    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    For copyright inquiries under the Digital Millennium Copyright Act pelase contact:

    Copyright Agent: Sheri Bogardus
    Judgment Marketplace
    PO Box 42101
    Cincinnati, OH 45242
    Email: sheri.bogardus@judgmentmarketplace.com

  23. General.

    Judgment Marketplace does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Judgment Marketplace, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Judgment Marketplace’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and Judgment Marketplace with respect to the subject matter hereof. Sections 3.3 (Release), 6.3 (License), 10 (Access and Interference), 14 (No Warranty), 15 (Disclaimer of Liability) and 16.2 (Arbitration) shall survive any termination or expiration of these Terms and Conditions.