Midpoint One is a web based listing service built on a marketplace platform. The following general terms of the marketplace platform apply to the use as a whole of Midpoint One services.
1) Rights of Content
Users attest that they are of legal age and able to enter into legally binding contracts with us and other users that want to use our services. The users themselves retain the right to all text, pictures (which need to be verifiable if needed) and other content that they create within the marketplace service (this includes any copyrights too).
The users allow others to utilize the content in accordance with the nature of the product/service offered and furthermore allow Midpoint One, the service provider to file information, data and make changes accordingly necessary for the service or the study of each member, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies only with the user, who has offered the product/service. Midpoint One, as the service provider has the right to remove/change any material from this site when it deems it necessary and shall not be considered liable under any circumstances.
In order to keep track of all possible situations, please keep your communications between you and your customer/guest/renter within our marketplace. Avoid emailing directly or you might be suspended from the marketplace.
It is recommended to add as many pictures as you can, that way your customer/guest/renter know exactly what they can expect for your specific type of property. Insurance is responsability of the user and if needed should be posted on the listing. Midpoint One is not responsible for any loss, theft or other claims incurred from a rental.
Whoever is posting a property is responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their country (Currently only USA administrated properties are allowed); some cities have laws that restrict the ability to host paying guests for short periods of time or provide certain hosting services. Furthermore you may have to register, get a permit or obtain a license before providing certain services. Please seek legal advise, Midpoint one acts only as an advertising platform.
2) Main Terms & Conditions for all listings:
By using our Marketplace or any associated content/postings, you agree to the following Main Terms and Conditions:
You acknowledge and agree Midpoint One is a private Marketplace owned and operated by Midpoint One, LLC. If you are accessing or using our site for business proposes, said business also agrees agrees with our Terms and Conditions. If you do not agree to these, you are not authorized to use Midpoint One.
At any time and in our sole discretion we may modify these Terms and Conditions. You are responsible to periodically check for any changes that are bound by our Terms and Conditions if you continue to use any of our services.
You agree that you are of sufficient age and in capacity to use Midpoint One and be bound by our Terms and Conditions, or by using Midpoint One on behalf of a business, thereby binding that business to our Terms and Conditions; we grant you a limited, revocable, non-exclusive, non-assignable license to use our services in compliance with our Terms and Conditions; unlicensed use is unauthorized.
You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Midpoint One, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to use, copy, display, distribute, and make derivative works from content you post.
Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any LAWS. You agree we may moderate Midpoint One access/use in our sole discretion by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.
You further agree that repeated violations of the use of our services section will irreparably harm and entitle us to injunctive or equitable relief, in addition to any monetary damages.
Although most of our services are free of charge (except transacting with a credit card), when needed you authorize us to charge your account for any posting fees required in any of our paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse a posting at any time.
Although we verify advertising members, Midpoint One make no promises, warranties, or representations of any advertised material, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; any risk of using this service is assumed by you, the User.
All Users complying with these written licenses may access our Marketplace until authorization is terminated. Otherwise this is the exclusive and entire agreement between Midpoint One and you.
No guarantees of the functioning of the marketplace service are given. The users are themselves responsible for their actions within the service and they should estimate the reliability of other users before dealing with them. Midpoint One, the service provider can under no circumstances be liable for any damage that is caused to any user of the service. The user may not store any information or data in the service, and expect it to remain there permanently.
4) The Removal of a User
As a service provider Midpoint One has the right to remove any users from it’s marketplace platform and terminate their right of use of the same without any specific reason and without being liable for any money and/or loss or compensation.
5) Applicable Jurisdiction
6) Chargebacks and Refunds
As a Marketplace user, remember your are responsible for every sale made using your account, that includes Chargebacks and refunds. Below are some general tips you can follow to help you lower the odds for someone to request for a chargeback or refund.
- If renting a property we recommend to use a rental agreement and have your own house rules. The most effective form of documentation in disputing a chargeback is still a written signature on a paper contract.
- Provide an accurate description of your product, service or property, that includes Terms or Fine Print.
- If dealing with a property contact the guest and request a copy of their ID and if needed a copy of the bank card holder ID.
- Time is of essence, use our online form and address any concerns from customers/guests in a timely fashion, that way you avoid any disputes.
- If offering a service (such a rental) always send a confirmation email to your guest explaining what your cancellation policy is.
- If you need to issue a credit always use our system in order to keep track of the full transaction.
Although our Gift Card platform might and marketing might be used, these are issued by each business and are the responsibility of the same, also are not returnable after purchase (except as required by law).
Before purchase of any please read terms and conditions as follows:
1) Use of Account: Before purchasing you agree to not use this gift-card in any manner that is misleading, deceptive, unfair, or otherwise harmful to this supplier or its customers. Midpoint One reserves the right, without notice to you, to void or deactivate your card without a refund, suspend or terminate a customer accounts, suspend or terminate the ability to use the Services and/or purchases, cancel or limit orders and bill alternative forms of payment if we suspect this method of payment was obtained, used, or applied for fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Restrictions: Gift-cards are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase at any other store other than the brand you choose. Unused balances are not transferable. Gift-cards purchased in the United States can only be redeemed in the United States, its territories, and possessions.
Important; You must spend your Account balance prior to closing a Gift card account.
Risk of Loss: Although we ask every store to verify identity before each purchase, neither this business nor Midpoint One is responsible for lost or stolen Gift-cards. We also reserve the right to close accounts and store may ask for an alternative form of payment if the same was obtained in a fraudulent way.
Limitation of Liability; Disclaimer of Liabilities MIDPOINT ONE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THE GIFT CARD IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT-CARD. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Waiver and Indemnity BY A STORE GIFT CREDIT OR THE SERVICES ABOVE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DEAL SUPPLIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE GIFT CARD OR THE SERVICES, OR ANY ACTION TAKEN BY ISSUER OR DEAL SUPPLIES AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM DEAL SUPPLIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE FUNDS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MIDPOINT ONE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Governing Law: Except as to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Issuer shall be governed by the laws of the State of Florida, excluding its conflict of laws provisions. You and Issuer agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S. and (d) you are not residing in the United States of America, you hereby agree that your gift-card purchase is at your own risk.
The following business categories will not be allowed on our Marketplace: (your account may be suspended and permanently restricted)
- Future business: The delay between processing a card transaction and handing out the product/service should be no longer than 7 days. If the delay is more than 7 days, your business falls into the category of "Future business" (e.g. selling concert tickets,when not through box offices )
- Adult entertainment and/or adult content websites including Electronic Commerce adult content (videotext) merchants
- Any person or merchant operating outside the United States without prior written approval.
- Any person or merchant accepting transactions on behalf of another business
- Any person or merchant selling goods or services that represent a violation of any law, statute or regulation
- Any person or merchant selling products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark or trade secrets of any third party
- Bail Bond Services
- Bankruptcy Lawyers
- Brand or Reputational damaging, potential or otherwise, activities including Bestiality, Child Pornography, Escort Services, Mail Order Brides, Occult
- Business seminars (real estate seminars, investment programs, business opportunities/strategies)
- Buyer Clubs/Membership Clubs
- Collection agencies, refinancing of debt/factoring, mortgage, brokers/reduction services/refinancing, payday loans
- Commodity Trading or Security Trading
- Cosmetic surgery
- Credit Counseling or Credit Repair Services
- Credit Protection or Identity Theft Protection Services
- Cruise Lines
- Currency Exchanges or Dealers
- Debt Elimination, Reduction or Consulting Services
- Deposits/caution and any type of payment that is subject to refund, regulated by the merchant’s terms and conditions
- Digital Wallet or Prepaid Companies
- Non-licensed counselling centres (e.g. debt and financial counselling, marriage and family counselling, alcohol/drug abuse counselling and other personal counselling)
- Detective agencies, protective agencies, security services including armoured cars, guard dogs
- Direct Marketing-Inbound
- Telemarketing including videotext services
- Direct Marketing-Travel Related Arrangement Services
- Direct Marketing: Continuity or Subscription services
- Discount Coupon merchants or Online Sites
- Discount Medical or Dental plans including Discount Insurance
- Distressed Property Sales and/or Marketing / Real Estate Flipping
- Door-to-door sales
- Drug paraphernalia
- Employment agencies, temporary help services
- Escort services
- File sharing services
- Fortune tellers
- Gambling Activities and Establishments, including lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services
- Guns, firearms, munitions sale and distribution
- High interest rate non-bank consumer lending including payday lending and title loans
- Infomercial merchants
- Internet Pharmacies
- Illegal or legally questionable businesses and products
- Investor services/“Get rich quick” merchants/Investment clubs, sale of stocks, securities, options, binary options, Forex and other investments
- Male/Female enhancers
- Marijuana dispensaries and related products or services
- Marketing Activities involving “pay only for shipping” and/or “free trial” periods
- Merchants utilizing renewal, or continuity subscription practice
- Money Transfer, Wire Transfers, Money Orders, Transmitters, and Check Cashing including merchants required to be registered as Money Service Business
- Modeling/Talent organisation
- Multi-Level Marketing Businesses
- Not-for-profit organisation
- Outbound Telemarketers and Telecom merchants
- Pawn shops
- Political organizations
- Prepaid Phone Cards and Services
- Products with doubtful efficiency: this may include but not limited to weight loss products, hair growth products, products to boost physical performance
- Protection services: protection, registration, service against things such as identity theft, Internet, fraud, credit card theft or fraud, etc.
- Pseudo Pharmaceuticals
- Pyramid sales/Multi-level marketing
- Rebate-Based Businesses
- Religious organizations, services and goods stores
- Sale of Mobile Minutes
- Selling or Sales of Social Media Activity
- Sexual encounter firms
- Sports Forecasting or Odds Making
- Stamp and coin stores
- Substances designed to mimic illegal drugs
- Telecommunication services related to prepaid phone services and recurring wireless phone services
- Timeshares including resale’s and related marketing
- Transacting Virtual Currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world
- Used vehicles sales including Yachts/Motorbikes/Cars (no matter if used or new) are only accepted as an ad, no credit card transactions allowed.