Terms and Conditions – iCare Marketplace

ACCEPTING THESE TERMS

This document makes up our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and International Grief Institute LLC. We refer to International Grief Institute LLC, Inc. and all of its subsidiaries collectively as “IGI.”
This contract sets out your rights and responsibilities when you use InternationalGriefInstitute.com, our mobile apps, and the other services provided by IGI (referred to all of these collectively as our “Services”).
By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

YOUR PRIVACY

Your information is never shared except for the information you wish to be listed with your product(s). Further:

Each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not IGI, will be responsible for that unauthorized disclosure.
If you (as a seller) and IGI are found to be joint data controllers of buyers’ personal information, and if IGI is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify International Grief Institute LLC.

YOUR ACCOUNT WITH INTERNATIONAL GRIEF INSTITUTE LLC

Minors under 18 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your vendor account.
It’s prohibited to use false information or impersonate another person or company through your account.
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and IGI.
Products that you post using our Services is your content. IGI doesn’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
You understand that you are solely responsible for your products and content. You represent that you have all necessary rights to all parts of your products and content and that you’re not infringing or violating any third party’s rights by posting it.
By posting your products and content through our Services, you grant IGI and, as authorized by IGI in its sole discretion, third parties, a license to use it. We don’t claim any ownership to your products and content, but we have your permission to use it. You acknowledge and agree that IGI may promote your products on social media, in newsletters, and other marketing opportunities.
By posting your products and content, you grant IGI and, as authorized by IGI in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your products and content. This allows us to provide the services and to promote your products and content in any formats and through any channels, including across any International Grief Institute LLC, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your products and content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent your products and content contains any personal information. For example, if you upload a photo or video of a product, IGI has permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; and we can feature it on social media and other marketing venues to help promote both your business and IGI.
If your products and content are alleged to infringe another person’s intellectual property, we will take appropriate action.
You agree that IGI has the right to deny any product or content.

YOUR USE OF OUR SERVICES

IGI grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items. You may not sell anything that violates any laws; you must not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against IGI, another IGI user, or a third party.
You are responsible for paying all fees that you owe to IGI. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

TERMINATION

You may terminate your product listings with IGI at any time by sending an email to [email protected]. Terminating will not affect the availability of some of Your Content that you posted through the Services prior to termination.
We may terminate or suspend your vendor account and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, you don’t have a legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, IGI will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
International Grief Institute LLC reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in IGI’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

WARRANTIES AND LIMITATION OF LIABILITY

You understand that IGI does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so IGI cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release IGI from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. IGI is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users.
Our Services may contain links to third-party websites or services that we don’t own or control (such as links to social media). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. IGI is not a party to those agreements; they are solely between you and the third party.
You acknowledge that IGI does not make any warranties with respect to your Gift Card options and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a vendor Gift Card or Gift Card code that results from any action by you or a third party.
IGI’s Services are provided “as is” and “as available” without any kind of warranty, either express or implied. We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not agree the Services will be secure or available at any particular time or location, any defects or errors will be corrected, that the Service is free of viruses or other harmful materials, or the results of using the Service will meet your expectations. You use the Service solely at your own risk.
To the fullest extent permitted by law, neither IGI (including all officers, directors, employees, agents, subsidiaries, partners, or affiliates), shall be liable to you for any lost profits or revenues or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services of these terms. In no event shall IGI’s aggregate liability for any damages exceed the greater of $100.
If IGI is sued or receives a claim, notice, or demand because of something that you did or failed to do, you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold IGI (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you find yourself in a dispute with another user of IGI’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. IGI will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. IGI has no obligation to resolve, or to assist in resolving, any disputes.
You hereby release IGI from any claims, demands, and damages arising out of disputes with other users or third parties.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

If we can’t work it out, then you and IGI (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.

You and IGI agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by IGI or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and International Grief Institute LLC are each waiving your right to sue in court and have a court or jury trial.
You and IGI agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided under these Terms.
Before filing an arbitration, you and IGI will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to [email protected] that includes (1) your name, phone number, username and shop name (if applicable), and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If IGI has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and IGI must cooperate to schedule that meeting by phone or videoconference. You and IGI each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of 60 days, or after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You may serve International Grief Institute LLC with any arbitration demand by mail to: International Grief Institute LLC, Inc., P.O. Box 344, Darby, MT 59829. If IGI has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with above, you and we will select another provider (and if we can’t agree, a court will choose the provider). The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live (for US residents), New York County, New York (for non-US residents), or as determined by the arbitrator.
The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business and either your or IGI’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would.
The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Arbitration and Dispute Resolution Agreement, and either party’s compliance with Informal Dispute Resolution. The arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and IGI. Judgment on the award may be entered in any court with jurisdiction.
Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement.
You have a limited right to opt out of this Arbitration Agreement. Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to [email protected] with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither IGI nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
International Grief Institute LLC will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing [email protected] within 30 days after you receive notice, including your name, email address associated with your account, and your IGI account(s). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and IGI, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.
International Grief Institute LLC is based in Montana, so if there are claims between you and IGI that aren’t subject to arbitration, you and IGI each agree to litigate those claims exclusively in state or federal court in Ravalli County, Montana, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by Montana law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this Section will continue to apply even if you validly opt out of arbitration.
This Section applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. Because your contract is with IGI, we each agree that the Terms and any disputes between us will be exclusively governed by United States law, and exclusively decided in the U.S. courts, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If IGI needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If a dispute arises between you and IGI, we encourage you to contact International Grief Institute LLC to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined above. For EU sellers, you may view information about the Platform-to-Business (“P2B”) Regulation. You or IGI also may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution or resolution through the European Commission’s online dispute resolution platform.

CHANGES TO THE TERMS

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and IGI regarding the Services. Except as provided above, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at [email protected].

ELECTRONIC AGREEMENT

By using our Services, you agree that your electronic agreement is the same as your signature on paper.