1. Description of Services
Marketplace Superheroes makes various services available on this Site including, but not limited to, an online course that teaches you how to create an international e-commerce business. Fees for the various services we offer are set out in the Site.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
2. Registration Data and Privacy
In order to access some of the services on this Site, you will need to complete our online registration form through which you will provide us with certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
3. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Please take steps to ensure that others do not gain access to your password and account. Marketplace Superheroes will never ask you for your password.
You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
4. “Thirty Days – No Questions Asked” Refund Policy
Marketplace Superheroes believes in the quality of the content it offers for sale on the Site and, because of this, will refund your money for any course purchased through the site with no questions asked for a period of thirty (30) days following your purchase of the course (“Refund Period”). After the Refund Period has elapsed, any monies you have paid to Marketplace Superheroes shall be fully-earned by Marketplace Superheroes and any refund of amounts paid thereafter is solely within the discretion of Marketplace Superheroes. The only exceptions to this refund policy is for the purchase of the Marketplace Superheroes “Invasion” and “Ignition” programs – refunds of which are at the sole discretion of Marketplace Superheroes – given the unique nature of these programs.
Marketplace Superheroes also offers a number of membership programs like “Superhero Live” which can be subscribed to either on a month-by-month or annual basis. If you subscribe to one of our membership programs on a month-by-month basis, you are free to cancel at any time. However, Marketplace Superheroes will not issue you a refund. If you subscribe to one of our membership programs on an annual basis and are unhappy with the program, a refund will only be issued within thirty (30) days of your date of subscription.
5. Payment of Fees
If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Site, we will bill your credit card. Any recurring charges are billed in advance of the service actually being provided.
You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, we may, at our sole option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible – even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
6. Chargeback Policy
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THE SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT WE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FIVE HUNDRED DOLLARS ($500.00) BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO, RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
7. Conduct on Site
Your use of the Site is subject to the Marketplace Superheroes Community Guidelines (accessible within all Marketplace Superhero-sponsored Facebook groups) along with all applicable laws, rules, and regulations. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site.
8. Termination of Use
If your account has been marked “unpaid” for a period of ninety (90) days, your access to the Site may be automatically terminated at the sole discretion of Marketplace Superheroes. Should you decide to later reactivate your access to the Site after it has been revoked by Marketplace Superheroes for failure to make a payment for ninety (90) days, your subscription to the Site will begin anew from the date of reactivation without any payments previously made to Marketplace Superheroes being credited to your account.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site.
9. Our Intellectual Property
All information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and is the sole property of Marketplace Superheroes.
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content without first securing our written consent to do so. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Marketplace Superheroes, the Marketplace Superheroes logo, Xcellerator, the Xcellerator logo, and 4S Product Gauntlet are all trademarks of Marketplace Superheroes. All other trademarks or service marks on the Site are the property of their respective owners.
10. Your Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
11. Allegations of Infringement
Marketplace Superheroes respects the intellectual property of others and we ask you to do the same.
If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our designated agent (as identified below) immediately. To be effective, the notification must include:
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;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
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, agent, or the law; and
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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our designated agent for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Robert H. Wright
Wright Law Office, PLLC
9462 Brownsboro Road
Louisville, KY 40241
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
12. Potential Earnings
Marketplace Superheroes has made every effort to accurately represent our products and services. As with anything, though, success is the result of hard work and any example of earnings on the site should not be interpreted as a promise or guarantee of your own success.
Materials on our Site may include or be based upon forward-looking statements within the meanings of United States securities laws. Any and all forward-looking statement contained on the Site are only intended to express our opinion as to earnings potential. Many factors will be important in determining your actual results and there is no guarantee that you will achieve results similar to ours or anyone else. In fact, Marketplace Superheroes cannot guarantee that you will achieve any results from our products and services.
Testimonials appearing on this Site are the individual experiences and personal opinions of those who have actually used our products and/or services. However, they are individual results and individual results do vary. Marketplace Superheroes does not claim that the results contained in these testimonials are typical results achieved by those using our products and services.
14. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MARKETPLACE SUPERHEROES MAKES NO WARRANTY THAT: (1) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MARKETPLACE SUPERHEROES MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND MARKETPLACE SUPERHEROES MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Purchases from Third Parties
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU.
MARKETPLACE SUPERHEROES MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY MARKETPLACE SUPERHEROES.
16. Your Use of Forms
Materials on this Site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, or other professional advice.
Under no circumstances will Marketplace Superheroes be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including your use of any of the Forms.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Site.
17. Limitation of Liability
MARKETPLACE SUPERHEROES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS TO DIRECT DAMAGES, THE MOST MARKETPLACE SUPERHEROES WILL BE LIABLE TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Marketplace Superheroes and its subsidiaries, affiliates, members, employees, agents, and other owners (“Indemnified Parties”) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) (“Losses”) insofar as such Losses are out of, based upon, and/or related to your use of the Site.
19. Governing Law