TERMS OF USE

These Terms of Use (“Terms of Use”) contain the terms and conditions governing your access and use of MarketplaceSuperheroes.com and its related URLs along with any Marketplace Superheroes sponsored Facebook group(s) (“Site”) is entered into by and between Essar, LLC (“Marketplace Superheroes”) and you – an individual or business-entity accessing and using the Site.

BY USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE LEAVE THE SITE BY CLICKING HERE.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THIS SITE AFTER SUCH MODIFICATIONS WILL CONSTITUTE YOUR ACKNOWLEDGEMENT OF THE MODIFIED TERMS OF USE AND AGREEMENT TO ABIDE AND BE BOUND BY THE MODIFIED TERMS OF USE.

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.

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

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.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy which is specifically incorporated by reference into these Terms of Use.

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

All references to “chargeback” refer to a reversal of a credit/debit card charge placed on the Site. There is no reason for a chargeback to ever be filed. If a credit is due in accordance with these Terms of Use, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on the Site, please contact use for immediate resolution.

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;Wright Law Office, PLLC
9462 Brownsboro Road
Number 118
Louisville, KY 40241
[email protected]

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.

13. Testimonials

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.

18. Indemnification

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

These Terms of Use are governed by the laws of the State of Florida, without regards to its conflict of laws principles. By participating in the Program, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Orlando, Florida with respect to any matter arising out of this Agreement.