Your use of MMCA Marketplace (known hereafter as MMCA Marketplace or the “Marketplace”) including any data, lists, reports, or services (collectively, the "Services") is subject to these Terms of Use (these "Terms"). If you do not agree to these Terms, you agree not to use or access the Services and the Marketplace. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Your registration for, or use of, the Services shall be deemed to be your agreement to abide by these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on the Marketplace. Your use of the Marketplace constitutes your binding acceptance of these Terms, including any modifications that we make. You are responsible for regularly reviewing these Terms.   These Terms are effective immediately for Buyers, Visitors or Users of the Marketplace. As used herein, "Seller" shall mean any party who opens a shop in the Marketplace, and Buyer/User/Visitor shall mean any party who registers with the Marketplace to shop online.

General Terms and Conditions

1. Our Authority.

We have the sole authority and discretion to operate and maintain the Marketplace. Accordingly, we reserve the right to remove any item, picture, or posting from the Marketplace at any time for any reason, without notice to any Buyer/User/Visitor. We are under no obligation to remove or change any item, picture, or posting from our Marketplace at any Buyer/User/Visitor's request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing any disputes between any Buyer/User/Visitor or between Buyers and Sellers. In the event of a concern, claim or dispute, Buyer/User/Visitors shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a Buyer/ User, we will investigate the complaint at our sole discretion and direct the Buyer/User/Visitor to respond to the other party directly. We reserve the right to refuse service to anyone, to reject any Buyer/User/Visitor membership applications, and to discontinue existing service at any time. We also reserve the right to assist Sellers in blocking any Buyer/User/Visitor from purchasing items from Seller's shop, to cancel Buyer/User/Visitor's membership and deny access to the Marketplace of any Buyer/User/Visitor, due to Buyer/User/Visitor's unprofessional conduct or practices, Seller complaints, and other reasons which we consider, at our sole discretion, to be disruptive to the business and reputation of the Marketplace.

2. Buyer/User/Visitor Representations and Covenants.

By using our services you represent to us that

• You are not a minor under applicable laws and you have the authority to form legal contracts;
• The information you have provided us during the registration process and thereafter is to the best of your knowledge complete, truthful and accurate. By continuing to access the  Marketplace, you also agree that you will:
• Deal with each Seller in good faith, and refrain from contracting (via completing a Purchase Order) with any Seller for items that you have no intention to purchase
• Abide by the payment terms, terms of sale, and other transaction-related policies of the  Marketplace
• Promptly pay any monies that are owed by you to the Marketplace
• You agree that you will not:
• Interfere with the business of any Seller, or post false, inaccurate, misleading, defamatory, or libelous content about any Seller, Buyer/User/Visitor or MMCA Marketplace
• Utilize, copy, modify, distribute, or harvest content, including photographs, from the  Marketplace for use elsewhere without obtaining advance permission from the Marketplace
• Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the  Marketplace or any Seller or Buyer/User/Visitor
• Engage in any unruly, disruptive, unprofessional, or offensive conduct while using the Marketplace, communicating with the Marketplace or with any Seller or Buyer/User/Visitor
• Violate any laws, third party rights, or any of our policies posted on the Marketplace

We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Marketplace and to any Seller, upon your breach of any of the above representations and covenants.

3. Release of Claims.

The Marketplace acts as the venue for Sellers to conduct sales and for Buyer/User/Visitors to purchase Seller's items. In the event you have a dispute with another Buyer/User/Visitor or with a Seller, you hereby release MMCA Marketplace (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes.

4. Intellectual Property Rights.

The Terms of Use does not grant you any intellectual property rights in our trade name, trademarks, logos, the Marketplace, and any content developed by us, which shall remain our intellectual property.

5. Termination.

The Terms of Use Agreement is terminable at any time at our sole discretion without notice.

6. Limitation of Liability.

You will not hold us responsible for the actions or inactions of any Buyer/User/Visitor or any Seller on the Marketplace. You acknowledge that we have no control over and do not guarantee the quality, safety, authenticity, value, or legality of the items advertised on the Marketplace by Sellers, the ability of the Sellers to sell the items, the ability of Buyer/Visitor/Users to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR  MARKETPLACE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the purchase price you have paid Seller for the item(s) in dispute. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR  MARKETPLACE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE MARKETPLACE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MARKETPLACE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MARKETPLACE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN THE MARKETPLACE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE MARKETPLACE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MMCA MARKETPLACE OR A MMCA MARKETPLACE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY ITEMS YOU PURCHASE FROM ANY SELLER, AND EXCEPT AS STATED IN OUR RETURN POLICY ON THE MARKETPLACE, WE DO NOT PROVIDE ANY REMEDIES TO ANY BUYER/VISITOR/USERS WITH RESPECT TO ANY SUCH ITEM.

8. Indemnification.

You will indemnify and hold us (and our 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 your violation of any law or any rights of a third party.

9. No Agency.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

10. Governing Law; Severability.

This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, as applied to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

11. Venue.

The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Brantley County, Georgia, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within Brantley County, Georgia for the purpose of litigating all such claims or disputes.

12. Notices.

Unless specifically provided otherwise, all notices under this Agreement shall be served to the email address you provide to us during your registration process and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. We may at our option give you notice via ordinary first class U.S. mail to the address provided during the registration process, in which case notice shall be deemed given three (3) days after the date of mailing. Our address for notices is    Debbie Overton Designs LLC, PO Box 243, Waynesville, GA 31566. Any other communication to MMCA Marketplace should also be sent to that address.

13. Entire Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the use of the Marketplace and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.

14. Additional Policies.

In addition to this Agreement, we post the Marketplace policies on the Marketplace. Each of these policies may be changed from time to time. Changes take effect when we post them on the Marketplace. When using particular services on the Marketplace, you are subject to any posted policies or rules applicable to services you use through the Marketplace, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

15. Amendments.

We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on the Marketplace. We may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your use of the Site constitutes your binding acceptance of these Terms, including any modifications that we make. You are responsible for regularly reviewing these Terms.

16. Arbitration.

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 parties agree to appoint one (1) arbitrator which shall be based in Brantley County, Georgia, and to use the rules of an established Alternative Dispute Resolution provider such as the American Arbitration Association.
The arbitrator and the parties shall comply with the following rules:

17. Survival.

The following sections shall survive the termination of this Agreement: Sections 2 through 17.

18. Headings.

Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.

19. Waiver.

The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.