Acceptance of the Terms of ServiceWelcome to MarketPryce.com, the website and online service of MarketPryce, LLC. (collectively "MarketPryce", "we", or "us"). These terms and conditions (collectively the “Terms” or the “Agreement”) apply to our online and/or mobile services, website and any web services or applications owned, controlled, or offered by MarketPryce (collectively the "Service"). This Agreement applies to all visitors, users, and others who access any or all of the Service ( "“Users”").
Accessing our Service. By accessing or using the Service, you agree to be bound by these Terms of Service and to the collection, use and disclosure of your information as set forth in our Privacy Policy. You may use the Service only in compliance with this Agreement and all applicable laws and regulations. The Service is not available to any Users previously removed from the Service by MarketPryce. If you are using the Service on behalf of a corporate or rights holder as an agent then (a) “you” includes you and the corporate or rights holder you are signing up on behalf of, and (b) you represent and warrant that you have the necessary authority and permissions required for you to enter into this Agreement. Updating the Terms. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use, access or continue to access the Service.
Purpose. MarketPryce is a marketplace for Corporates to list their sponsorship opportunities and for rights holders to search and connect for Corporates with the intention to create a deal together. Our mission is to open the world of sponsorship by giving Corporates easier access to rights holders and vice versa. MarketPryce offers a Service to connect Rights holders and Corporates who are looking to enter into a sponsorship agreement with each other. The Service contains features that enable Corporates, Rights Holders and Agents to do, among other things, the following: Corporates: Corporates can create an account, create campaigns, search profiles, invite profiles, view applications, send proposals ("Sponsorship Contract"), manage deals and message rights holders. Rights Holders: Rights Holders can create a profile, apply to Corporate Campaigns, respond to invites, respond to proposals, manage deals and message Corporates. Agents: Agents who are lawfully authorized by Brands and/or Rights Holders to do so can sign up, and act on behalf of a Rights Holder or Corporate. Sponsorship Contract. The contract is created directly between Rights Holder and Corporate according to the terms, rights and benefits approved by both Rights Holder and Corporate. MarketPryce has no responsibility with respect to the Sponsorship Contract. Compliance with Advertising / Sporting Regulations is the responsibility of the Rights Holder and Corporate. By listing on MarketPryce, you represent and warrant that the Sponsorship Contract you enter into, together with any other content or materials you provide complies with all applicable laws, regulations, policies and agreements, and does not violate any third party rights. You acknowledge and agree that you have the requisite authority and are authorized to enter into a Sponsorship Contract and to provide the rights and benefits you are offering to the Corporate under the terms of the Sponsorship Contract. MarketPryce disclaims any and all liability relating to the parties’ compliance with applicable laws, regulations, policies and agreements and you agree to the same. MarketPryce is not a party to Sponsorship Contract. MarketPryce is committed to providing a platform that helps connect Corporates and Rights Holders. However, MarketPryce is not a party to any relationship or agreement entered into between a Corporate and a Rights Holder (including, without limitation, Sponsorship Contracts) and disclaims any and all liability relating thereto. We cannot guarantee the suitability, reliability, or quality of the Rights Holders and Corporates listed on MarketPryce. We also cannot guarantee the abilities, background, or performance of Rights Holders; the ability of Rights Holders to deliver benefits; the ability of the Corporate to pay the Sponsorship Fees; the contents of any Sponsorship Contract, or whether a Rights Holder can or will actually provide the benefits according to the terms of the Sponsorship Contract. All rights and obligations within the terms of the Sponsorship Contract are solely between the Rights Holder and the Corporate, MarketPryce acts only as a platform to facilitate communications between Corporates and Rights Holders. Each user is solely responsible for conducting background checks on another user with whom they are in communication and/or with whom they contract. Accounts. Your MarketPryce account gives you access to the services and functionality offered by MarketPryce in our sole discretion. Your account is not transferable, and you may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account. Account Settings; Use of e-mail address. You may control your User profile and how you interact with the Service by changing the settings in the Account Settings section. By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Use of Personal Information in Communications. To prevent direct or indirect attempts to circumvent the Service, MarketPryce has the right, but not the obligation, to prevent Users from including email addresses, phone numbers, and other personal information in communications sent via the Service. By using the Service, you represent and warrant that you have the rights to use any intellectual property - including trademarks and copyrights - that you upload to the platform. You grant MarketPryce permission to use any name, logo, trademark, or copyright, to display on our website, app, and in any marketing materials through any medium - including but not limited to social media, television, and investor pitch decks.
Subscription Payment. Subscription payments are paid by Rights Holders to access MarketPryce functionality and apply to Corporate Campaigns. Payment plans are listed on the Pricing page and are non-refundable within the contract term defined through the payment page. All Subscriptions are automatically renewed until canceled. Deal Payments. Deal payments relate to the cash value that is agreed between a Corporate and Rights Holder. MarketPryce holds the complete Deal Payment in Escrow once a Proposal is accepted by the Rights Holder, unless otherwise agreed between Corporate and MarketPryce in writing, The Deal Payment will be charged using the Credit Card on file, unless otherwise agreed in writing between MarketPryce and the Corporate. MarketPryce releases Deal Payment once the deal is complete. In the case of a deal not being completed by the Rights Holder the deal payment will be issued as a credit to the Corporate account or issued as a refund to the same method of payment as the Deal Payment was taken. MarketPryce charges the Corporate 5% commission and deducts this from the Deal Payment before sending money to the Rights Holder. Deal Payment relates to all deals entered into between a Corporate and Rights Holder who met through MarketPryce. 5% commission is charged on the total, gross Deal Payment. No commission is charged on product only deals. For Agent. You are subject to the same T&Cs as the party, Corporate or Rights Holder, on whose behalf you are acting.
Cancelation of Subscription. A Rights Holder may cancel at any time as long as the minimum contract term is complete and there are no open deals in the account, i.e. deals where a proposal is accepted by the Rights Holder and/or Agent and the deal has not yet been completed. Open deals must be canceled within the platform or completed prior to MarketPryce processing the cancelation request and stopping monthly payments. Cancelation requests must be made via email to Jason@MarketPryce.com or to the MarketPryce account manager. In instances where the Credit Card on file fails, we will contact the Corporate email on file for an alternate payment method. In case we do not hear back we will follow up with the finance team.
MarketPryce Content. Except for your content posted by you on the Service, you agree that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Service and all intellectual property rights in the foregoing (collectively, the “MarketPryce Content”) are the exclusive property of MarketPryce and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to MarketPryce Content. Use of the MarketPryce Content for any purpose not expressly permitted by these Terms is not permitted. Our license to you. Subject to the terms and conditions of these Terms, we grant you a limited, non-transferable, and revocable license to use the Service, including accessing and viewing MarketPryce Content, as expressly permitted by the features of the Service. MarketPryce may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, MarketPryce reserves all other rights and no other rights are granted by implication or otherwise
Restrictions on Use. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not engage in any activity that jeopardizes the operation of MarketPryce and, by way of example in the following types of prohibited activities: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Service without our express written permission; (c) interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service; (d) bypass any measures we may use to prevent or restrict access to the Service or any subparts of the Service including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (g) upload invalid data, viruses, worms, or other software agents through or to the Service; (h) collect or harvest any personally identifiable information, including account names, from the Service; (i) access any content on the Service through any technology or means other than those provided or authorized by the Service; (j) impersonate another person or otherwise misrepresent your affiliation with a person or entity, (k) conduct fraud, (l) hide or attempt to hide your identity; (m) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services; (n) use content on the site for creating a deal with a Corporate or Rights Holder not currently on the site or named under a different account, not yours. Changes, Termination, and Suspension. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement, and any terms of these Terms which by their nature should survive termination shall do so.
Between You and Another User. Because MarketPryce is not party to the Sponsorship Contracts between Corporates and Right Holders nor involved in the finalizing of Sponsorship Contracts, in the event that you, as either a Corporate or Rights Holder, have a dispute with one or more other Corporates or Rights Holder, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question and you release MarketPryce (and our officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from any and all claims, demands, or damages (actual 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 dispute. If such a dispute arises, MarketPryce may, in its sole discretion, facilitate communication between you and the Other Party in connection with such dispute. If such a dispute is unable to be resolved between you and the Other Party, MarketPryce may, in its sole discretion, intervene in such dispute and take any actions we deem appropriate. Between You and MarketPryce. If a dispute arises between you and MarketPryce, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you agree that any claim or controversy you have with us at law or equity that arises out of or relates to this Agreement or the Services will be resolved in accordance with the terms of this Section 6. Before resorting to these alternatives, you agree to first contact MarketPryce directly to seek dispute assistance using the Jason@MarketPryce.com address. These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws principles. Notwithstanding the foregoing, if you are using the Service on behalf of a government-affiliated body, organization or other government-affiliated entity (a “Government-Affiliated Entity”), and any applicable law, regulation or governing policy restricts you from entering agreements governed under the laws of the State of New York, then these Terms shall be governed by the laws of the jurisdiction in which you reside. Arbitration. In the event that MarketPryce has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy between you and us (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and MarketPryce agree otherwise, the arbitration will be conducted in the county where we reside. Each party will be responsible for paying any AAA filing, and administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. All Claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. And, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you and MarketPryce are each waiving the right to a trial by Jury or to participate in a class action. Notwithstanding the foregoing, if you are using the Service on behalf of a Government-Affiliated Entity, and any applicable law, regulation or governing policy restricts you from resolving Claims by binding arbitration as set forth above, then any Claims will be brought in the state or federal courts located in the federal district in which you reside.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by MarketPryce. MarketPryce does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that neither this Agreement nor MarketPryce’s Privacy Policy apply to your use of such sites.
The service is provided by MarketPryce on an "as is," “as available” basis, and without any warranties or conditions of any kind, express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, whether arising out of statute, in law or from a course of dealing or usage or trade. We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the service by any third party.
In no event shall we or our licensors or third-party service providers be liable to you or any other user for any special, indirect, consequential, incidental or punitive damages arising out of or related to this agreement or the service, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. We will have no liability to you that arises out of or relates to any transaction that is performed using the service or any dispute, controversy or claim that arises out of or relates to transactions performed between you and others through the service. In addition, in no event will we be liable to you or any third party for damages of any kind (whether direct or indirect) arising out of or related to sponsorship services or Sponsorship Contracts entered into with respect to sponsorship services. Notwithstanding anything to the contrary stated in this agreement, in no event will our aggregate liability to you arising out of or related to this agreement or the service, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of (a) $1,000, or (b) the aggregate amount of fees actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
If you have a dispute, controversy or claim with or against another User or a third party, you agree to, and do hereby, release MarketPryce (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are based in California, you hereby waive rights to California civil code §1542 (and any analogous law in any other applicable jurisdiction) 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." This release will not apply to the extent the cause of the dispute is our failure to meet one of our obligations under the Terms of Service. This release will not apply if you are using the Service on behalf of a Government-Affiliated Entity and any applicable law, regulation or governing policy restricts you from agreeing to such release.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MarketPryce without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Notwithstanding the foregoing, if you are using the Service on behalf of a Government- Affiliated Entity, and applicable law, regulation or governing policy restricts you from agreeing to this Section 11, then the following provision will apply: “This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either party without prior written consent of the other party. Any attempted transfer or assignment in violation hereof shall be null and void.”
Unless otherwise expressly stated in these Terms, MarketPryce may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on MarketPryce.com, as determined by MarketPryce in our sole discretion. MarketPryce reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. MarketPryce is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms, together with any amendments and any additional agreements you may enter into with MarketPryce in connection with the Service, shall constitute the entire agreement between you and MarketPryce concerning the Service. If any provision or portion of a provisions of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining portion of such provision and any other provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MarketPryce’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact MarketPryce Customer Support at Jason@MarketPryce.com.
