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Midpoint One terms of use

Midpoint One is a web based listing service built on a marketplace platform. The following general terms of the marketplace platform apply to the use as a whole of Midpoint One services.

This marketplace platform is a social media service that allows its users to exchange favors, buy, sell, rent, offer products & services and communicate with each other. The marketplace service may only be used in accordance with these terms of use and the categories allowed (updated constantly). Midpoint One as the service provider reserves the right to change the terms of use when required and by continuing to use this site you must adhere to them.

1) Rights of Content

Users attest that they are of legal age and able to enter into legally binding contracts with us and other users that want to use our services. The users themselves retain the right to all text, pictures (which need to be verifiable if needed) and other content that they create within the marketplace service (this includes any copyrights too). 

The users allow others to utilize the content in accordance with the nature of the product/service offered and furthermore allow Midpoint One, the service provider to file information, data and make changes accordingly necessary for the service or the study of each member, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies only with the user, who has offered the product/service. Midpoint One, as the service provider has the right to remove/change any material from this site when it deems it necessary and shall not be considered liable under any circumstances.

In order to keep track of all possible situations, please keep your communications between you and your customer/guest/renter within our marketplace. Avoid emailing directly.

1.1) Renting Property: If you are renting personal property on our Marketplace please follow these Terms of Use and post everything clearly on your listing, outline important details on your Terms (Fine Print), in case there’s a problem we can always refer to them. 

It is recommended to add as many pictures as you can, that way your customer/guest/renter know exactly what they can expect for your specific type of property. Insurance is responsability of the user and if needed should be posted on the listing. Midpoint One is not responsible for any loss, theft or other claims incurred from a rental.

Whoever is posting a property is responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their country (Currently only USA administrated properties are allowed); some cities have laws that restrict the ability to host paying guests for short periods of time or provide certain hosting services. Furthermore you may have to register, get a permit or obtain a license before providing certain services. Please seek legal advise, Midpoint one acts only as an advertising platform. 

2) Main Terms & Conditions for all listings:

By using our Marketplace or any associated content/postings, you agree to the following Main Terms and Conditions:

You acknowledge and agree Midpoint One is a private Marketplace owned and operated by Midpoint One, LLC. If you are accessing or using our site for business proposes, said business also agrees agrees with our Terms and Conditions. If you do not agree to these, you are not authorized to use Midpoint One.

At any time and in our sole discretion we may modify these Terms and Conditions. You are responsible to periodically check for any changes that are bound by our Terms and Conditions if you continue to use any of our services. 

You agree that you are of sufficient age and in capacity to use Midpoint One  and be bound by our Terms and Conditions, or by using Midpoint One on behalf of a business, thereby binding that business to our Terms and Conditions; we grant you a limited, revocable, non-exclusive, non-assignable license to use our services in compliance with our Terms and Conditions; unlicensed use is unauthorized.

You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Midpoint One, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to use, copy, display, distribute, and make derivative works from content you post.

Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any LAWS. You agree we may moderate Midpoint One access/use in our sole discretion by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. 

You further agree that repeated violations of the use of our services section will irreparably harm and entitle us to injunctive or equitable relief, in addition to any monetary damages.

Although most of our services are free of charge (except transacting with a credit card), when needed you authorize us to charge your account for any posting fees required in any of our paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse a posting at any time.

Although we verify advertising members, Midpoint One make no promises, warranties, or representations of any advertised material, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; any risk of using this service is assumed by you, the User. 

All Users complying with these written licenses may access our Marketplace until authorization is terminated. Otherwise this is the exclusive and entire agreement between Midpoint One and you.

3) Disclaimer

No guarantees of the functioning of the marketplace service are given. The users are themselves responsible for their actions within the service and they should estimate the reliability of other users before dealing with them. Midpoint One, the service provider can under no circumstances be liable for any damage that is caused to any user of the service. The user may not store any information or data in the service, and expect it to remain there permanently.

4) The Removal of a User

As a service provider Midpoint One has the right to remove any users from it’s marketplace platform and terminate their right of use of the same without any specific reason and without being liable for any money and/or loss or compensation.

5) Applicable Jurisdiction

The jurisdiction that is applicable for this service and these terms of use is that of the State of Florida, unless something else is required by binding law.

6) Chargebacks and Refunds

As a Marketplace user, remember your are responsible for every sale made using your account, that includes Chargebacks and refunds. Below are some general tips you can follow to help you lower the odds for someone to request for a  chargeback or refund.

• If renting a property we recommend to use a rental agreement and have your own house rules. The most effective form of documentation in disputing a chargeback is still a written signature on a paper contract.
• Provide an accurate description of your product, service or property, that includes Terms or Fine Print.
• If dealing with a property contact the guest and request a copy of their ID and if needed a copy of the bank card holder ID.
• Time is of essence, use our online form and address any concerns from customers/guests in a timely fashion, that way you avoid any disputes.
• If offering a service (such a rental) always send a confirmation email to your guest explaining what your cancellation policy is.
• If you need to issue a credit always use our system in order to keep track of the full transaction. 

7) Business categories not allowed

The following business categories will not be allowed on our Marketplace: (your account may be suspended and permanently restricted)

• Future business: The delay between processing a card transaction and handing out the product/service should be no longer than 7 days. If the delay is more than 7 days, your business falls into the category of "Future business" (e.g. selling concert tickets,when not through box offices )
• Adult entertainment and/or adult content websites including Electronic Commerce adult content (videotext) merchants
• Airlines
• Any person or merchant operating outside the United States
• Any person or merchant accepting transactions on behalf of another business
• Any person or merchant selling goods or services that represent a violation of any law, statute or regulation
• Any person or merchant selling products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark or trade secrets of any third party
• Bail Bond Services
• Bankruptcy Lawyers
• Brand or Reputational damaging, potential or otherwise, activities including Bestiality, Child Pornography, Escort Services, Mail Order Brides, Occult
• Business seminars (real estate seminars, investment programs, business opportunities/strategies)
• Buyer Clubs/Membership Clubs
• Collection agencies, refinancing of debt/factoring, mortgage, brokers/reduction services/refinancing, payday loans
• Commodity Trading or Security Trading
• Cosmetic surgery
• Credit Counseling or Credit Repair Services
• Credit Protection or Identity Theft Protection Services
• Cruise Lines
• Currency Exchanges or Dealers
• Debt Elimination, Reduction or Consulting Services
• Deposits/caution and any type of payment that is subject to refund, regulated by the merchant’s terms and conditions
• Digital Wallet or Prepaid Companies
• Non-licensed counselling centres (e.g. debt and financial counselling, marriage and family counselling, alcohol/drug abuse counselling and other personal counselling)
• Detective agencies, protective agencies, security services including armoured cars, guard dogs
• Direct Marketing-Inbound
• Telemarketing including videotext services
• Direct Marketing-Travel Related Arrangement Services
• Direct Marketing: Continuity or Subscription services
• Discount Coupon merchants or Online Sites
• Discount Medical or Dental plans including Discount Insurance
• Distressed Property Sales and/or Marketing / Real Estate Flipping
• Door-to-door sales
• Drug paraphernalia
• e-Cigarettes
• Employment agencies, temporary help services
• Escort services
• File sharing services
• Fortune tellers
• Gambling Activities and Establishments, including lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services
• Guns, firearms, munitions sale and distribution
• High interest rate non-bank consumer lending including payday lending and title loans
• Infomercial merchants
• Internet Pharmacies
• Illegal or legally questionable businesses and products
• Investor services/“Get rich quick” merchants/Investment clubs, sale of stocks, securities, options, binary options, Forex and other investments
• Male/Female enhancers
• Marijuana dispensaries and related products or services
• Marketing Activities involving “pay only for shipping” and/or “free trial” periods
• Merchants utilizing renewal, or continuity subscription practice
• Money Transfer, Wire Transfers, Money Orders, Transmitters, and Check Cashing including merchants required to be registered as Money Service Business
• Modeling/Talent organisation
• Multi-Level Marketing Businesses
• Not-for-profit organisation
• Outbound Telemarketers and Telecom merchants
• Pawn shops
• Political organizations
• Prepaid Phone Cards and Services
• Products with doubtful efficiency: this may include but not limited to weight loss products, hair growth products, products to boost physical performance
• Protection services: protection, registration, service against things such as identity theft, Internet, fraud, credit card theft or fraud, etc.
• Pseudo Pharmaceuticals
• Pyramid sales/Multi-level marketing
• Rebate-Based Businesses
• Religious organizations, services and goods stores
• Sale of Mobile Minutes
• Selling or Sales of Social Media Activity
• Sexual encounter firms
• Sports Forecasting or Odds Making
• Stamp and coin stores
• Substances designed to mimic illegal drugs
• Telecommunication services related to prepaid phone services and recurring wireless phone services
• Timeshares including resale’s and related marketing
• Transacting Virtual Currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world
• Up-Selling
• Used vehicles sales including Yachts/Motorbikes/Cars (no matter if used or new) are only accepted as an ad, no credit card transactions allowed.