Terms of Service

The Markyt, LLC. (“The Markyt”) Terms of Service

Thank you for using The Markyt!

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE, www.TheMarkyt.com, OR OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”).

YOU AGREE THAT BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

By using the Site, you represent and warrant that you are at least 18 years of age (or at least 13 years of age and visiting under the supervision of a parent or guardian) and legally able to enter into a binding contract. If you are using the Site on behalf of a legal entity, you hereby represent and warrant that (i) you have the authority to enter into these Terms on behalf of the legal entity and (ii) agree to be bound by the Terms individually, even when acting on behalf of the legal entity.

Changes to the Terms

We may make changes to these Terms from time to time in our sole discretion. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will also notify you of the new Terms (for example, by email to the address provided by you when registering or through a notification on our Site). Changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you should discontinue your use of the Site.

Typographical Errors

In the event a product is listed on our Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information provided by our retailers, we have the right to refuse or cancel any orders placed for such products in our sole discretion, whether or not your order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your bank or credit card account in the amount of the cancelled charge.

Conduct

You agree to use the Site in accordance with all applicable federal, state, municipal and otherwise applicable laws and regulations, and shall refrain from engaging in behavior that is abusive, threatening, harassing, or otherwise inappropriate when interacting with The Markyt or with shoppers retained by The Markyt to act as couriers for purchasing and delivering orders made through the Site (“Shoppers”). Example include, without limitation, sending sexually explicit messages through the Site, using obscene or abusive language, assaulting or in any way touching a Shopper without consent, romantically propositioning Shoppers who are providing services through the Site, or disclosing personal information of Shoppers without consent.

Please be aware your failure to conduct yourself in accordance with the foregoing may lead to refusal of service, and possible permanent ban of use of The Markyt, at The Markyt’s sole discretion. To the extent that any behavior that violates this section is or may be the subject of criminal investigation, information derived from your use of the Site (including without limitation, account records, order details and message records) that pertain to the incident in question may be the subject of investigatory requests from law enforcement, and The Markyt may disclose such information in compliance with The Markyt’s Privacy Policy, found at https://www.themarkyt.com/privacy.

Prices and Charges

The price you see on The Markyt’s website is the price you pay.

On all orders a delivery fee will be added to help cover the costs of shopping and delivery.

The Markyt’s prices may vary slightly from in-store prices to help cover the costs of picking, packing and processing. Our shoppers could expect to pay about $5 more using The Markyt than they would on a $35 order purchased in the store themselves.

When ordering from select retailers, a small service fee will be added at checkout. Our shoppers are very happy to pay a small service fee for the convenience and time savings.

We charge $2.50 for our video chat shopping option which allows our customers to shop in real time with their shopper. Our Customers are happy to pay the $2.50 for the opportunity to see what their shopper is buying in real time, and to be able to select the specific item that they want their shopper pick up.

The prices displayed on the Site may exceed the price available for such item when purchased in-store. By purchasing items using the Site, you expressly accept the prices associated with such items.

Prices displayed on the Site are exclusive of all sales, use, or excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you in relation to use of the Site. Any such taxes, duties and charges currently assessed or which may be assessed in the future, that are applicable to the sales made under these terms are for your account, and you hereby agrees to pay such taxes. Tax will be calculated and applied automatically to each order, where applicable.

Upon your placing an order through the Site and prior to The Markyt fulfilling your order, The Markyt will immediately charge the payment card you provided at checkout (“Pre-Authorization”). The amount charged as Pre-Authorization may exceed the total cost of items purchased by you through the Site. In the event that the Pre-Authorization exceeds the total cost of items purchased by you, The Markyt will automatically refund the difference between the Pre-Authorization and the actual total. While this refund occurs automatically, it may be up to a day or more before the refund is fully processed. By purchasing items using the Site, you expressly consent to Pre-Authorization charges.

Item Refunds/Credits

In the event that you are dissatisfied with services received by you through your use of the Site, you may be eligible for a credit or a refund. Please be aware that a credit or refund will not be issued without you first reaching out to The Markyt and describing the issue with detail. The decision to provide a refund is solely within the discretion of The Markyt. Nothing herein establishes any obligation on the part of The Markyt to offer a credit or refund to you. Any acceptance by you of a credit or refund offered by The Markyt constitutes a full release, waiver and discharge of any claim you may have against The Markyt., or their directors, officers, employees, or agents, that arises from or relates to the incident giving rise to your request for a credit or refund.

Store Policies

All purchases made through the Site are subject to any and all policies maintained by the retailer you select. The Markyt does not control those policies or the respective retalier’s application of those policies. You and The Markyt shall each endeavor to comply with store policies as applicable.

Third-Party Links and Sites

The Site may link to other websites operated by third parties. We have no control over these linked sites, each of which has a separate privacy and data collection practices independent of The Markyt. We are not responsible for, do not endorse and do not accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are provided to you only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with any such third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

The following organizations may link to our Site by use of our corporate name or by use of the uniform resource locator (Web address) without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.

The above-listed organizations may link to our home page, to publications or to other Site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

Updates

The Markyt may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that The Markyt has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Site and shall be subject to these Terms.

Availability

The Markyt reserves the right to withdraw or amend the Site in its sole discretion and without notice. The Markyt will not be liable if for any reason all or any part of the Site unavailable at any time or for any period. From time to time, The Markyt may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for making all arrangements necessary for you to have access to the Site, including providing for both adequate internet access or mobile data coverage and obtaining and operating the adequate physical hardware necessary to use the Site (i.e. computer or smartphone). The Markyt has the right to refuse service to any user at any time in our sole discretion if, in The Markyt’s opinion, you have violated any provision of these Terms.

Text Messaging

By using our website, you agree that we may send you text (SMS) messages in order to provide you with the services and products offered through the Site. You may opt-out of receiving text (SMS) messages from The Markyt at any time by contacting The Markyt via support@theMarkyt.com, provided however that opting out of text (SMS) messages may affect your use of the Site and the services and products offered through the Site. You may continue to receive text messages for a short period while we de-activate your account, and you may also receive text messages confirming the receipt of your de-activation request.

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MARKYT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MARKYT DOES NOT REPRESENT OR WARRANT THAT THE SITE AND FEATURES AND FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MARKYT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

THE MARKYT SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF THE MARKYT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MARKYT WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR THE MARKYT’S SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR. IN NO EVENT SHALL THE MARKYT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

THE MARKYT MAY INTRODUCE YOU TO SHOPPERS FOR THE PURPOSES OF PROVIDING COURIER SERVICES. YOU EXPRESSLY WAIVE AND RELEASE THE MARKYT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES, KNOWN OR UNKNOWN ARISING FROM OR IN ANY WAY RELATED TO THE SHOPPERS. THE MARKYT WILL NOT BE A PARTY TO DISPUTES BETWEEN YOU AND SUCH SHOPPERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Equitable Relief

Notwithstanding any other provision to the contrary contained in these Terms, you hereby acknowledge and agree that (a) monetary damages at law are a fully adequate remedy to compensate you for any breach or threatened breach of these Terms, and (b) an action at law for monetary damages is your sole and exclusive remedy for any such breach. No breach of these Terms by The Markyt will entitle you to equitable relief, including specific performance, injunctive relief, rescission or any other form of equitable remedy.

Export Restrictions

The Site is intended for use in the United States only. Access outside of the United States is strictly prohibited.

Indemnification

You agree to indemnify, defend and hold harmless The Markyt, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of any rights of any third party, including Shoppers or any party providing services arranged via the Site, or (iii) the use or misuse of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Mutual Arbitration Provision.

Arbitration of Disputes – Please Read. You and The Markyt mutually agree to resolve any justiciable disputes, past, present or future, between the Parties, or between you and any of The Markyt employees, agents, parents, subsidiaries, affiliates, successors, or assigns, exclusively through final and binding arbitration instead of a court or jury trial. Except as it otherwise applies, this Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), or if the Federal Arbitration Act does not apply, then the arbitration law of your state of primary residency, and shall apply to any and all claims arising out of or relating to these Terms or your use of the Site (including without limitation the scope, enforceability, validity, or conscionability of this Mutual Arbitration Provision) whether arising under federal, state or local statutory and/or common law. Disputes between the Parties that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by another Act of Congress are excluded from the coverage of this Mutual Arbitration Provision.

If either Party initiates arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to:

The Markyt, LLC
10914 Georgia Avenue, Suite 623
Silver Spring, MD 20902

Class Action Waiver – PLEASE READ. You and The Markyt mutually agree that by entering into this Mutual Arbitration Provision, both Parties waive their right to have any dispute or claim brought, heard or arbitrated as a class action or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class or collective action (“Class Action Waiver”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the JAMS Rules, as defined below, any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Markyt may lawfully seek enforcement of this Mutual Arbitration Provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

Private Attorney General Action Waiver – PLEASE READ. This Mutual Arbitration Provision affects your ability to bring or participate in private attorney general representative actions under Maryland law. Both you and The Markyt agree to bring any dispute in arbitration on an individual basis only, and not on a private attorney general representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action, or as a member in any such private attorney general proceeding (“Private Attorney General Waiver”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the JAMS Rules, as defined below, any claim in court or arbitration that all or part of this Private Attorney General Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a private attorney general action and (2) there is a final judicial determination that all or part of the Private Attorney General Waiver is unenforceable, the private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Private Attorney General Waiver that is enforceable shall be enforced in arbitration. The Markyt may lawfully seek enforcement of this Mutual Arbitration Provision and the Private Attorney General Waiver and seek dismissal of such private attorney general representative actions or claims. The Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

Applicable Rules of Arbitration. Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”) and including as follows:

The arbitration shall be heard by one Arbitrator selected in accordance with the JAMS Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute or a retired judge or
If the Parties cannot otherwise agree to a location for the arbitration, the arbitration shall take place within the state of Maryland.

Each Party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, in all cases where required by law, The Markyt will pay the Arbitrator’s and arbitration fees. If under applicable law The Markyt is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator.

The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving
Except as provided in the Class Action Waiver and Private Attorney General Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable
The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such

The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of Judgment may be entered on the Arbitrator’s decision or award in any court having jurisdiction.
A Party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.

The JAMS Rules may be found at www.jamsadr.com or by searching for “JAMS Comprehensive Arbitration Rules & Procedures” using a service such as www.google.com.

You have the right to consult with counsel of your choice concerning this Mutual Arbitration Provision and to be represented by counsel at any stage during the arbitration process. This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.

Waiver.

No waiver by The Markyt of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by The Markyt. No waiver by The Markyt shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

General.

These Terms, along with any rules, guidelines or policies published in the Site constitute the entire agreement between The Markyt and you with respect to your use of the Site and the services and products offered through the Site. If there is any conflict between the Terms and other rules or instructions posted, the Terms shall control. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, terrorism, embargoes, Internet disruptions, cyber attacks, or communications failures. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. These Terms shall be governed by, and construed in accordance with, the laws of the state of Maryland, without reference to its choice and conflict of law rules. You may not assign your rights or obligation under these Terms without the prior consent of The Markyt. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that The Markyt may have pursuant to any intellectual property laws or other laws. All rights and remedies available to The Markyt, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.