TERMS OF SERVICE

Welcome to a website of Ocean Auction, LLC, located at https://mobymarket.com (hereinafter “Moby Market”, “We”, “Us”, “Our”) and thank You (any visitor to Our web site; hereinafter “You”, “Your”, “User”, “Visitor”) for considering Our products and services.

Moby Market is a marketplace that allows users to offer, sell and buy sea food. The actual contract for sale is directly between the seller and buyer.Moby Market is not a traditional auctioneer.

Moby Market is only a marketplace. We are not involved in any actual transactions made through this web site; nor are We the representative of any site Visitor, Seller, or Buyer.

Upon registration, by checking the registration box which states “By checking the registration box below You agree to Moby Market,Terms of Service, Our Privacy Policy, and the use of cookies as described in Our Privacy Policy”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.

PRIVACY POLICY

Our Privacy Policy is located at https://MobyMarket.com/privacy and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.

USER NAME AND PASSWORDS

You hereby agree that You are responsible for all actions taken under Your user name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.

INFORMATION ABOUT BUYERS AND SELLERS

BUYERS

Navigate through Our Seller’s product pages. Select items You wish to purchase and place them in Your shopping cart. You will have the opportunity at check-out to edit Your purchases.

Previous purchases will be stored in Your downloads folder when You are logged in under Your user name. If a Seller removes a product or if We need to remove a product for any reason; that item will also be removed from the Buyer’s downloads folder. We recommend that You always save a backup copy of Your Downloads. We are not responsible for providing additional copies of a purchased document if Your copy is removed from Your downloads folder.

Products Are Sold To You By Sellers

The products You select to purchase are sold to You by the individual Sellers. We are not the owners of the products; We are only a marketplace for the sale of the products.

Moby Market is not responsible for disputes between Buyers and the Sellers You purchase from.

Buyers agree to pay in full for all product purchased through this web site, and hereby agree that MobyMarket may charge their Payment Processor Account.

Secure Payment Options

You will checkout with Moby Market secure Payment Processor which accepts all major credit cards and wire transfers. MobyMarket does not have access to Your payment information.

We have the right to add or remove payment processing services used by Our service at Our discretion and it is the responsibility of the Users to update their information accordingly to allow for timely transactions to take place.

MobyMarket is not responsible for services provided by the payment processing systems utilized by Our service and We are not responsible for any delays in payment caused by the Payment Processors.

Returns & refunds

All sales are final, however, refunds may be offered under certain situations by the Sellers in their listings.

SELLERS

Product Types

MobyMarket is designed to be a site for the exchange of all types of food. Seller is responsible for the accuracy and content of the listing and item offered.

Product Pricing

MobyMarket is an open marketplace. The Seller may place a reserve price on their product below which it may not be sold. Further, Seller may place a “Buy it Now” price on their product.

Seller Dashboard

Each Seller will be able to sign-in to their Dashboard which will contain information on the products for sale, Product Pricing, Control Thumbnail and Preview Images, sales history, the ability to change, add or delete Products and Product pictures, links, etc.

Seller Accounts

A Seller account is free. A seller may post as many items as they wish to sell in their marketplace. Once a sale is made, 10% of the sale is deducted and will be forwarded to MobyMarket as a royalty for using this site.

Sales and Other Taxes

Sellers hereby agree that they are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales Sellers made in connection with Our site. It is the responsibility of the Seller to determine and abide by sales tax reporting requirements which vary state by state. Buyer’s will be responsible for any Use taxes in their state.

Tax Information Supplied by MobyMarket to the Seller

Due to Internal Revenue Service (IRS) regulations, MobyMarket is required to file Form 1099-K for U.S. taxpayer sellers who meet the following criteria in a calendar year: 1) Earn more than $20,000 in unadjusted gross sales, and; 2) Have more than 200 transactions.

IRS regulations require non-U.S. taxpayers to provide Form W-8BEN to MobyMarket in order to be exempt from U.S. tax reporting requirements.

Seller Copyright

The Copyright to the materials for sale on MobyMarket shall belong to the Seller; and Seller hereby warrants and affirms that they own the Copyright on their product descriptions.

Social Media Links

We encourage Sellers to use Social Media from appropriate sites to link to their Products for sale on Our site. However, We reserve the right, in Our sole discretion, to delete links We determine to be inappropriate.

TRADEMARKS

We hereby claim Ocean Auction, LLCTM , mobymarket.comTM, and MobyMarketTM to be trademarks of Our company.

COPYRIGHT 2019

As indicated by the notice on the bottom of Our Home Page, MobyMarket, LLC, claims a copyright to the contents of this website.

USING GOOD CITIZENSHIP IN PRODUCT POSTING, REVIEWS, FORUMS, ETC.

You understand and agree that You will not Use Our website to post, email, upload or transmit any content that is: patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. Nor will You use Our website to; Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way; promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site. Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes. Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law. Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresent a product or service. You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Further, We may delete data and posts which violate this Agreement for any reason or for no reason based on Our sole discretion.

DIGITAL MILLENNIUM COPYRIGHT ACT

As provided for in the Digital Millennium Copyright Act; if You feel any content on this website violates Your copyrights please contact Our designated agent:

Clay Feucht

3372572232

 by phone, or email with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact. You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.

5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once We have received Your complaint We will:

1. Remove or disable the identified infringing material (but maintain a copy for later use);

2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and

3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.

Counter Notification – To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent by fax, email or regular U.S. mail that includes substantially the following:

1. A physical or electronic signature of the subscriber.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.

Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

WARRANTIES

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED

BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE THAT WE MAINTAIN A NO REFUND POLICY.

INDEMNIFICATION

You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your

indemnity obligations.

FORCE MAJEURE

Neither the Buyer, the Seller nor We shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.

ASSIGNMENT

You may not assign the rights or obligations under this Agreement without Our prior written consent.

RELATIONSHIP OF THE PARTIES

The parties to this Terms of Service are independent contracting entities, and there is no partnership or agency relationship between them.

INTENDED FOR USERS OVER 18

Our services are available and may only be used by individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.

ENTIRE AGREEMENT

Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

DISPUTES

In the event of a dispute with Us, You hereby agree to attempt to resolve the dispute by contacting Us prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Louisiana, and the Federal and State courts of Lafayette Parish, Louisiana, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for

 the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.

SEVERABILITY

If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

HEADINGS

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

AGREEMENT UPDATES

This Agreement is effective as of May 6, 2016. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.