Terms of Service

These Terms of Use (“Agreement”) are agreed to between Mainstreamed Marketplace LLC (“Company”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”).

Company offers an online platform known as www. www.mainstreamedmarketplace.com (the “Platform”) for the purpose of facilitating transactions between independent sellers (“Sellers”) and buyers (“Buyers”) involving goods and products offered by businesses that champion inclusivity for individuals with disabilities.

This Platform is the copyrighted property of Company or the copyrighted property of parties from whom Company has licensed such property. All rights in the Platform are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Platform except as expressly allowed in these Terms and Conditions. Company reserves the right to add to, delete from, or modify any part of the Platform at any time without prior notice.

You acknowledge and agree that the Platform is available “as is” and empowers Buyers to select which Sellers they deem appropriate for their needs. Company makes no representations or warranties that the Seller selected by Buyer, nor the goods or products Buyer obtains, are intended for the purposes for which Buyer selects them. For the avoidance of doubt, Company disclaims any and all responsibility for any goods purchased and for Buyer’s selection and engagement with a Seller.

Mainstreamed Marketplace is a place where people can buy products from sellers whose businesses support inclusion for people with disabilities. These are the rules for using this site. We run the site, but we do not sell the products on it. Sellers sell their own products. You choose what to buy and who to buy from. We own this site and its content, or have permission to use them, and we may change the site from time to time.

The Platform is intended for use by individuals 18 years of age and older. If You are not 18 years of age or older, You agree not to access or use the Platform. You agree not to allow any individual under 18 years of age to access or use the Platform, regardless of whether You are the parent or guardian of that individual. In the event You are using the Platform on behalf of company or organization, You must have the requisite authority to bind such company or organization to the terms and conditions of this Agreement. Your use of the Platform acknowledges this requisite authority.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS AND SUITABILITY OF THE PLATFORM FOR YOU AND FOR USING THE PLATFORM BASED ON YOUR PARTICULAR CIRCUMSTANCES.

This Agreement is entered into as of the earliest date You first access or use the Platform (the “Effective Date”). This Agreement includes all terms and conditions below. This Agreement applies to the Platform. This Agreement is the complete and exclusive agreement between You and Company regarding Your access to and use of the Platform or any Content (as defined below).

This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Company relating to Your use of the Platform or any Content.

PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING THE PLATFORM, INCLUDING ANY CONTENT, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.

1. Role of the Company.

1.1. Mainstreamed Marketplace LLC, a Florida limited liability company (the “Company”), operates the Platform as an online venue where independent sellers (“Sellers”) may list goods and buyers (“Buyers”) may purchase such goods directly from Sellers.

1.2. The Company is not a party to any transaction between Buyers and Sellers. All sales are solely between the applicable Buyer and Seller, and the Company is not a seller, buyer, dealer, broker, or agent of either party.

1.3. The Company does not take possession of, manufacture, warehouse, inspect, or ship any goods listed on the Platform, and does not guarantee that any listing, description, or price is accurate, complete, or current.

2. Accounts and Registration.

2.1. To use certain features of the Platform, you must register for an account and provide accurate, current, and complete information, including, as applicable, your name, contact details, and any other information reasonably requested to facilitate transactions.

2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account.

2.3. A single account may be used as both Buyer and Seller, subject to this Agreement.

3. Marketplace Conduct; Acceptable Use and Community Guidelines. 3.1. You must comply with the Company’s published Acceptable Use and Community Guidelines (the “AUP”), which are incorporated into this Agreement by reference. 3.2. The Company may, in its sole discretion, remove any listing or content, suspend any transaction, or suspend or terminate any account that it believes violates this Agreement, the AUP, or applicable law, or that it deems harmful to the Platform, other users, or third parties.

4. Listings, Goods, and Shipment.

4.1. Sellers may list only goods, not services or digital only items, unless expressly permitted in writing by the Company.

4.2. Sellers must not list, and Buyers must not purchase, any of the following items:

4.2.1. Weapons, firearms, firearm parts, ammunition, or any items regulated under federal, state, or local weapons laws, unless expressly permitted by law and in writing by the Company;

4.2.2. Drugs, controlled substances, or drug paraphernalia, except over the counter or prescription items that are lawfully listed and sold;

4.2.3. Stolen property or goods obtained by fraud, theft, or other unlawful means;

4.2.4. Counterfeit goods, pirated software, or other infringing items, including goods that infringe any third party trademark, copyright, patent, trade secret, or other intellectual property right;

4.2.5. Items that promote hate, violence, or illegal activity, or that are illegal to sell, possess, or export in the United States or any relevant jurisdiction;

4.2.6. Adult or sexually explicit content or items that are obscene or otherwise unlawful;

4.2.7. Any other category of goods that the Company determines to be prohibited in its sole discretion.

4.3. The Company may add, remove, or modify prohibited categories from time to time, and Users must comply with all such restrictions.

4.4. If you are a Seller, you are solely responsible for:

4.4.1. creating accurate, non misleading listings;

4.4.2. setting prices and shipping charges; and

4.4.3. complying with all applicable laws regarding the goods you list, including but not limited to product safety, labeling, export controls, and intellectual property laws.

4.5. Sellers are solely responsible for arranging shipment of goods, choosing appropriate carriers, and bearing the risk of loss until delivery to the Buyer as determined under applicable law.

4.6. The Company does not guarantee delivery times or shipping costs and assumes no responsibility for delays, losses, damage in transit, or import/export issues (including collection and remittance of tariffs).

5. No Company Provided Refunds; Disputes.

5.1. The Company does not offer any refunds, returns, exchanges, or guarantees regarding any goods listed or purchased on the Platform. All such matters are between Buyer and Seller, subject to any applicable law and dispute resolution policies.

5.2. Any disputes regarding non delivery, misdescription, or quality of goods must be raised through PayPal’s buyer protection or dispute processes (to the extent available) and directly between Buyer and Seller, not with the Company.

5.3. The Company’s sole obligation, in its discretion, in the event of a Seller’s failure to deliver goods as described or repeated complaints regarding a Seller’s or Buyer’s conduct, is to investigate and, where appropriate, suspend or terminate the offending user’s account and/or remove relevant listings.

6. Intellectual Property; Infringing and Counterfeit Goods.

6.1. If you are a Seller, you represent and warrant that:

6.1.1. you own or have all necessary rights to the goods you list and the content you post;

6.1.2. the goods and listings do not infringe any third party intellectual property rights (including trademarks, copyrights, patents, and trade dress) and are not counterfeit; and

6.1.3. the goods are lawful to sell, possess, import, export, and use in all relevant jurisdictions.

6.2. The Platform, and the data, information, databases, software, hardware, and other technology used by or on behalf of Company to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of Company. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use, support, or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots, or other automated methods including human-powered automation through like farming or any other crowd-sourced methods to access, scrape, or copy any portion of the Technology, or to add or download data, or send or redirect information or messages; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; (9) interfere with the operation or hosting of the Technology; (10) capture screenshots or make impressions, reproductions, distributions, or publications of any content contained within the Technology, such as images, logos, texts, recommendations, comments, and any other materials; or (11) perform any other action intended to circumvent the controls or access mechanisms within the Technology.

6.3. Company retains all right, title, and interest, including, without limitation, all IPR (as defined below), in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform, under this Agreement. The Company name, logo, and all product and service names associated with the Platform are trademarks of Company and its providers and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

6.4. You will be provided with access to a variety of content through the Platform, including, text, audio, video, photographs, maps, illustrations, graphics, and/or other data, information, and media (“Content”). Unless otherwise noted on the Platform, all Content is owned by Company and Company’s other third-party providers. All Content is provided for informational purposes only, and You are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for Your use. Subject to Your compliance with this Agreement, You may access the Content solely for Your own personal purposes in connection with Your use of the Platform. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. Company has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content. Without limiting the foregoing, Company will not be held liable to You or any other third party for any Content, including Your Content (as defined below), under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement, You are granted no licenses or other rights in or to any Content, or any IPR (as defined below) therein or related thereto. If You would like to use any Content in a manner not permitted by this Agreement, please contact Company.

6.5. The Company does not affirmatively monitor listings for infringement and assumes no duty to protect intellectual property rights; however, the Company may, in its sole discretion, remove or disable any listing upon receiving a proper notice of alleged infringement (including DMCA notices for copyright) or upon determining that the listing appears infringing, counterfeit, or otherwise unlawful.

6.6. You are solely responsible for all Content that You may provide or upload to the Platform or otherwise generate through Your use of or access to the Platform (“Your Content”). As between You and Company, You retain ownership of Your Content. Subject to any limitations included in the Privacy Policy, You grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (including, without limitation, to Users and other third parties) right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display (“Use”) Your Content for purposes of providing the Platform to You and for use in making enhancements and improvements to the Platform. You represent and warrant that none of Your Content or the use of Your Content by Company: (1) violates this Agreement, the Privacy Policy, or any requirements under applicable Laws; (2) is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) constitutes an infringement, misappropriation or violation of the IPR or other rights of any third party; (4) is illegal in any way or advocates illegal activity; (5) is false, misleading or inaccurate; or (6) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or disruptive advertisement. Company is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store, restore, or back-up any of Your Content, including any of Your Content Company may remove or delete without notice due to violation of this Section. You agree that You have all right, title, interest, and consent in Your Content necessary to allow Company to Use Your Content as set forth in the rights and licenses You grant to Company under this Agreement.

7. Payment Processing via Stripe.

7.1. All payments for goods listed on the Platform are processed exclusively by third party payment processors, including Stripe, Inc. (“Stripe”). The Company does not accept, hold, or transmit funds on behalf of Buyers or Sellers and does not provide money transmission or payment processing services.

7.2. When a Buyer proceeds to checkout, the Buyer will be redirected to Stripe (or such other third party processor the Company may enable from time to time) to complete payment. The transaction will be governed by Stripe’s user agreement and privacy policy, not by the Company’s policies.

7.3. The Company is not responsible for, and disclaims all liability arising from, any act or omission of Stripe or any other third party payment provider.

8. Taxes and 1099 K Reporting.

8.1. Each Seller is solely responsible for determining and complying with all tax obligations that may apply to the sale of goods on or through the Platform, including without limitation sales, use, value added, excise, import, export, customs, tariffs, and income taxes.

8.2. To the extent Stripe’s tools or applicable marketplace facilitator laws cause Stripe or another third party to calculate, collect, and/or remit certain transaction taxes, such functionality is provided by Stripe or that third party, and not by the Company.

8.3. The Company does not provide tax advice and does not represent or warrant that Stripe or any third party will collect or remit any particular tax correctly or at all. Sellers must consult their own tax advisors and configure any required tax settings in their Stripe or other payment processor accounts as needed.

8.4. Stripe, as a Third Party Settlement Organization, may issue Form 1099 K and related tax reporting documentation to Sellers who meet applicable IRS or state reporting thresholds and may file such forms with tax authorities. Sellers acknowledge that the issuance of a Form 1099 K by Stripe does not relieve them of their obligation to determine taxability and report all income.

8.5. The Company has no obligation to issue any Form 1099 K or other tax reporting forms to Sellers based on payments processed by Stripe and does not provide any guarantees concerning the accuracy or completeness of any tax forms issued by Stripe or other third parties.

9. Indemnification (Including Buyers as Beneficiaries).

9.1. If you are a Seller, you agree to indemnify, defend, and hold harmless:

9.1.1. the Company and its members, managers, officers, employees, and agents; and 9.1.2. the applicable Buyer in each transaction,

from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

9.1.2.1. any allegation that goods listed or sold by you are infringing, counterfeit, or otherwise violate any intellectual property or proprietary rights;

9.1.2.2. any allegation of product defect, personal injury, property damage, or other harm caused by goods supplied by you;

9.1.2.3. your failure to deliver goods as described in the listing; or

9.1.2.4. your violation of this Agreement or applicable law.

9.1.3. If you are a Buyer, you agree to indemnify, defend, and hold harmless the Company from any claims arising out of your misuse of the Platform, your violation of the AUP, or your violation of applicable law.

10. Account Suspension and Termination.

10.1. The Company may, at any time and in its sole discretion, suspend or terminate any account or access to the Platform, or remove any listing or content, for any reason or no reason, with or without notice, and without liability to you or any third party.

10.2. Upon termination, provisions of this Agreement that by their nature should survive (including but not limited to indemnification, limitation of liability, disclaimers, governing law, and dispute resolution provisions) will remain in effect.

11. Disclaimers.

11.1. The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non infringement.

11.2. The Company does not warrant that any goods purchased through the Platform will meet your expectations, be free from defects, or be delivered on time, nor that the Platform will be uninterrupted or error free.

11.3. Some jurisdictions do not allow the exclusion of certain warranties; to the extent such laws apply, the exclusions in this Section shall apply to the maximum extent permitted.

12. Limitation of Liability.

12.1. To the maximum extent permitted by law, in no event shall the Company be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, loss of goodwill, loss of data, or business interruption, arising out of or in connection with the Platform, any transaction, or this Agreement, even if advised of the possibility of such damages.

12.2. To the maximum extent permitted by law, the Company’s aggregate liability arising out of or relating to the Platform, any goods, or this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of (a) the total fees (if any) paid by you to the Company in connection with the transaction giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

12.3. The foregoing limitations shall not limit obligations under the indemnification provisions provided in Section 9 to the extent such limitations are prohibited under applicable law.

13. Data Privacy.

13.1. You expressly consent to the use and disclosure of your information and other data and information as described in the Privacy Policy. Notwithstanding anything in the Privacy Policy, Company will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to and use of the Platform or Content. To the extent any such non-personally identifiable data or information is collected or generated by Company, the data and information will be solely owned by Company and may be used by Company for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as a source thereof.

14. Data Protection.

14.1. In this Agreement, the following terms shall have the meanings given in Regulation 2016/679 (GDPR, together with any relevant national implementing or supplement legislation, “Applicable Data Protection Law“: “controller“, “processor“, “personal data“, “data subject” and “processing” (and “process“).

14.2. You (the controller) appoint Company as a processor to process any personal data that is part of Your Content (the “Personal Data“) solely as necessary to perform its obligations under this Agreement and strictly in accordance with the instructions of You (the “Permitted Purpose“).

14.3. You acknowledge and agree that the Personal Data will be Processed within (and will be deemed to have been delivered to) the United States and that third party subprocessors in use by Company may be located (and may process Personal Data) outside the European Economic Area (“EEA”). If You are established in the EEA, the parties shall comply with the EU Commission’s “Controller-to Processor Model Clauses” (annexed to EU Commission Decision 2010/87/EU) which are deemed incorporated into this Agreement (completed consistently with this Agreement with You as “data exporter” and Company as “data importer”.

14.4. Company shall provide reasonable cooperation to You (at Your expense) in connection with any data protection impact assessment that You may be required to undertake under Applicable Data Protection Law.

14.5. Company shall (at Your expense) provide all reasonable and timely assistance to You to enable You to respond to: (i) any request from a data subject to exercise any of its rights under Applicable Data Protection Law; and (ii) any other correspondence, enquiry, or complaint received from a data subject, regulator, or other third party in connection with the processing of the Personal Data.

14.6. Company shall make available to You all information necessary to demonstrate compliance with the obligations laid down in this Agreement.

15. Class Action Waiver; Jury Trial Waiver.

15.1. Class and Representative Action Waiver. To the fullest extent permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or any transaction involving the Platform shall be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

15.2. If a court determines that the class action waiver in this Section is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) shall proceed in court and not in any alternative dispute process contemplated by Section 17.

15.3. Jury Trial Waiver. To the extent any dispute proceeds in court rather than an alternative dispute process, you and the Company irrevocably waive any right to a jury trial in any action or proceeding arising out of or relating to this Agreement or the Platform, to the fullest extent permitted by law.

16. Mandatory Alternative Dispute Process; Florida Courts.

16.1. Prior to initiating any lawsuit in court, you and the Company agree to engage in a mandatory alternative dispute process consisting of good faith negotiation and, if necessary, non binding mediation, to attempt to resolve any dispute arising out of or relating to this Agreement, the Platform, or any transaction.

16.2. The Company will notify the other party in writing of the dispute, and you and the Company will then attempt to resolve the dispute through informal negotiation for at least thirty (30) calendar days. If the dispute remains unresolved after that period, you and the Company may submit the dispute to a mutually agreed mediator located in Brevard County, Florida, or, if no mediator is agreed within ten (10) days, to a mediator selected by the American Arbitration Association under its Commercial Mediation Rules.

16.3. The mediation shall be conducted in Brevard County, Florida, and you and the Company shall equally share the mediator’s fees and any administrative costs, unless otherwise agreed.

16.4. If the parties are unable to resolve the dispute through mediation within sixty (60) calendar days after the initiation of mediation, either party may then pursue the dispute in a court of competent jurisdiction in Brevard County, Florida, subject to the limitations of liability, class action waiver, and jury trial waiver in Sections 13 and 17.

16.5. The provisions of this Section 17 shall not preclude either you or the Company from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, protect intellectual property rights, or enforce the class action waiver, to the extent permitted by law.

17. Miscellaneous.

17.1. Independent Contractors. The Parties acknowledge and agree that the relationship arising from this Agreement does not constitute or create any joint venture, partnership, employment relationship, or franchise between them, and the Parties are acting as independent contractors in making and performing under this Agreement. Neither Party will have any authority to bind or make commitments on behalf of the other Party for any purpose, nor will any such Party hold itself out as having such authority.

17.2. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only by a written instrument executed by both Parties.

17.3. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their respective heirs, representatives, successors, and permitted assigns.

17.4. Waiver. No failure or delay by either Party in exercising any power or right under this Agreement shall operate as a waiver, nor does any single or partial exercise of any other power or right preclude any other or further exercise, or the exercise of any other power or right.

17.5. Governing Law. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any suit or action arising out of or in connection with this Agreement or any breach of this Agreement must be brought and maintained in the federal or state courts located in Orange County, Florida. The Parties hereby irrevocably submit to the jurisdiction of those courts for the purpose of any action under this Agreement and expressly and irrevocably waive any objection to venue and any claims regarding an inconvenient forum.

17.6. Attorneys’ Fees and Costs. In the event that Company is required to bring an action in connection with the performance, breach, or interpretation of this Agreement, the prevailing Party in that action shall be entitled to recover from the losing Party all reasonable costs and expenses of litigation, including reasonable attorneys’ fees, court costs, costs of investigation, accounting, and other costs reasonably related to the litigation in both the trial and appellate courts.

17.7. Severability. If any term, covenant, condition, or provision of this Agreement, or the application of this Agreement to any person or circumstance, shall at any time or to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected by the invalidity or unenforceability, and the terms, covenants, and conditions of this Agreement shall be valid and enforced to the full extent permitted by law unless to do so would violate the objective intent of the Parties.

17.8. Headings. The headings of the articles, paragraphs, and sections contained in this Agreement are for convenience only and do not define, limit, or construe the contents of such articles, paragraphs, and sections.

17.9. Survival. Any provisions of this Agreement that, by their nature, should survive termination or expiration of this Agreement, shall survive such termination or expiration, including, but not limited to, provisions relating to confidentiality, intellectual property rights, indemnification, and limitation of liability.