Welcome to Comment Cart! Comment Cart is an e-commerce and live-streaming platform that provides an outlet for sellers to have their own live shopping channel and for buyers to purchase directly from sellers.

1. Introduction; Your Agreement to these Terms of Service.

IT IS YOUR OBLIGATION TO REVIEW AND READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. BY ACCESSING, USING, REGISTERING, DOWNLOADING AND/OR SIGNING UP TO OUR WEBSITE LOCATED AT WWW.COMMENT CART.COM SOFTWARE APPLICATIONS OR ANY OTHER PRODUCTS OR SERVICES OFFERED (TOGETHER, THE “COMMENT CART SERVICE”), YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COMMENT CART REGARDING YOUR USE OF THE COMMENT CART SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, WHICH INCORPORATES BY REFERENCE OUR PRIVACY NOTICE, LOCATED AT https://Comment Cart.com/privacy (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE COMMENT CART SERVICE.

THE TERMS APPLY WHETHER YOU ARE A USER, BUYER OR SELLER THAT REGISTERS AN ACCOUNT WITH THE COMMENT CART SERVICE OR AN UNREGISTERED USER.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE, STREAMING LIVE BROADCASTS AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 18.

[THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH COMMENT CART, ]

THESE TERMS APPLY TO YOUR ACCESS TO AND USE OF THE COMMENT CART SERVICE PROVIDED BY COMMENT CART,  (“COMMENT CART,” “WE” AND “US”) AND DO NOT APPLY TO ANY WEBSITES, THAT ARE LINKED TO THE COMMENT CART SERVICE. ADDITIONAL TERMS (INCLUDING, BUT NOT LIMITED TO, THE TERMS OF STREAMING MEDIA, SOCIAL MEDIA SERVICES, THIRD-PARTY PAYMENT PROCESSORS, AND THIRD-PARTY FULFILLMENT PROVIDERS) MAY APPLY TO PARTICULAR FUNCTIONALITIES AND FEATURES RELATED TO THE COMMENT CART SERVICE. FOR ACCESS TO THE TERMS AND CONDITIONS OR PRIVACY POLICIES OF LINKED WEBSITES, YOU SHOULD REFER TO THE POLICIES OF THOSE WEBSITES.

COMMENT CART RESERVES THE RIGHT TO CHANGE THE CONTENTS AND SERVICES OF THE COMMENT CART SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE. FURTHER, FROM TIME TO TIME COMMENT CART WILL INTRODUCE NEW FEATURES THAT MAY ONLY BE AVAILABLE TO CERTAIN USERS. PROVISIONS OF THESE TERMS OF SERVICE RELATING TO SUCH NEW FEATURES, INCLUDING, AT THE PRESENT, THE ELECTRONIC PAYMENTS AND FULFILLMENT SOLUTIONS, MAY NOT APPLY TO ALL USERS.

2. Eligibility.

ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE COMMENT CART SERVICE. The Comment Cart Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the Comment Cart Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms.

You further represent and warrant that you: (a) have not previously been suspended or removed from using the Comment Cart Service; (b) are legally permitted to, and do, live in the United States or one of its territories, (c) are not barred from using the Comment Cart Service under the laws of the United States (such as its export and re-export restrictions and regulations) or any other applicable jurisdiction, and (d) may enter into this agreement without violating any other agreement to which you are a party.

If you are registering to use the Comment Cart Service on behalf of a legal entity, such as company, entity, or organization, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are a duly authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth.

BY ACCESSING, USING, REGISTERING, DOWNLOADING AND/OR SIGNING UP TO THE COMMENT CART SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE COMMENT CART SERVICE.

3. Privacy Policy.

Your privacy is important to us. Please see our Privacy Policy https://Comment Cart.com/privacy for information relating to how we collect, use, and disclose your personal information.

4. Account Registration and Security Responsibilities.

A. Account and Seller Account. In order to access certain parts of the Comment Cart Service and/or be a buyer of products, you are required to create a user or buyer account (an “Account”) and in order to be a seller of products, you are required to create a seller account (“Seller Account”).

In order to open and create an Account or Seller Account, you will be asked to provide us with certain information such as an account name and password (“Registration Data”) and answer all questions or fields marked “required.” You are fully responsible for all activities that occur under your account, including all actions by any other parties, companies, representatives, agents whom you authorize or allow to use your account, whether directly, indirectly, implicitly, or otherwise. You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Seller Account, including by maintaining the security and confidentiality of your login credentials; (d) notify us immediately in writing if there is any unauthorized use of your account or breach or attempted breach of security of your account; and (e) consent to allow Comment Cart to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Comment Cart may elect to do from time to time.

Unless expressly permitted in writing by us, you may not sell, rent, lease, share or provide access to your Account or Seller Account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Notwithstanding the foregoing, a Seller may create sales representative and company representative sub-accounts through the Seller Account and also create profile pages which contain information on the seller, the products, social media and website links as well as previous recorded live streams.

Comment Cart hereby reserves all available legal rights and remedies to prevent unauthorized use of the Comment Cart Service, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

You acknowledge that we will not be liable for any loss, damage or other liability to you or others arising from your failure to maintain the security of your Account or Seller Account or password or from any unauthorized access to or use of your account as a result of your failure to maintain its security.

B. Third-Party Accounts. Comment Cart may permit you to register for and log on to the Comment Cart Service via certain third-party services. If you log on to the Comment Cart Service via such third-party services (such as a social network), the profile information connected to the account you use to log into the Comment Cart Service, including your name, may be used by Comment Cart to provide and support your Account or Seller Account. You also acknowledge and agree that Comment Cart may publish information regarding your use of the Comment Cart Service to and in connection with any such third-party services with which you use in connection with the Comment Cart Service. The third-party’s use of your information will be subject to that service’s privacy policy. Further information about linking your account and use of Third-Party Accounts can be found in our Privacy Policy https://Comment Cart.com/privacy

C. Use of Devices and Services. Access to Comment Cart Service may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Comment Cart Service.

5. Purchases.

A. Comment Cart Payment Solution. Comment Cart has integrated with third-party operated payment processing services PayPal.com and Braintree (a division of PayPal) (each an “Electronic Payment Company”) so buyers and sellers may conduct business by credit cards and other electronic payment methods through the Comment Cart Service (“Comment Cart Payment Solution”).

In order to use the Comment Cart Service, buyers and sellers must register and enroll with an Electronic Payment Company through the Account or Seller Account. Enrollment in the Comment Cart Payment Solution is subject to the Electronic Payment Company’s confirmation that the buyer and seller meet the required enrollment criteria. By using the Comment Cart Payment Solution, you hereby agree that you are entering into an agreement with the Electronic Payment Company subject to the terms of it’s terms of service which is found here: https://stripe.com/privacy (collectively, the “Electronic Payment Company Agreement”). Notwithstanding anything to the contrary in the Electronic Payment Company Agreement, you will not have the right to have Electronic Payment Company, and will not request that Electronic Payment Company, transfer any buyer and seller data Electronic Payment Company collects via the Comment Cart Payment Solution to an alternative payment processor.

Except for the foregoing restriction that supersedes any rights you may have in the Electronic Payment Company Agreement the Electronic Payment Company Agreement is separate from these Terms. Comment Cart is not a party to the Electronic Payment Company Agreement and will not be liable or responsible for the payment services provided by Electronic Payment Company. If Electronic Payment Company Agreement discontinues providing services in connection with the Comment Cart Payment Solution, you authorize Electronic Payment Company to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Comment Cart Payment Solution.

ELECTRONIC PAYMENT COMPANY MUST ACCEPT BUYER AND SELLER APPLICATIONS TO USE THE COMMENT CART PAYMENT SOLUTION BEFORE BUYER AND SELLER CAN EITHER SEND PAYMENT OR RECEIVE SALES PROCEEDS VIA THE COMMENT CART PAYMENT SOLUTION. IF ELECTRONIC PAYMENT COMPANY REJECTS AN APPLICATION OR BUYER OR SELLER FAILS TO SET UP A SELLER ACCOUNT PRIOR TO EITHER SELLING OR BUYING ANY PRODUCTS, THEN ELECTRONIC PAYMENT COMPANY MAY DISABLE OR LIMIT THE BUYER’S OR SELLER’S ABILITY TO RECEIVE SALES PROCEEDS VIA THE COMMENT CART PAYMENT SOLUTION.

B. Payments Between Buyers and Sellers. All purchases made using the Comment Cart Payment Solution are made directly between buyer and seller when they complete their purchase and sale transaction, pursuant to the terms they determine. ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS BUYER AND SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND.

Comment Cart is not a party to purchase and sale transactions completed using the Comment Cart Payment Solution and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which the buyer and seller can conduct business directly. Comment Cart further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner, other than as expressly provided in the Buyer Protection Policy at https://Comment Cart.com/buyer-protection.

C. Shipping. From time to time, Comment Cart may, in its sole discretion and pursuant to its Shipping Policy https://Comment Cart.com/shipping, recommend a third party to allow sellers to ship purchased items to buyers. Comment Cart is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the Shipping Policy, Comment Cart will not be liable for, and you release us from any liability to you for, any losses, damages, or delays related to shipping. You agree not to use the Comment Cart shipping service to mail or cause to be mailed, or ship or cause to be shipped, any item purchased and sold through Comment Cart in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. You further warrant that any item you mail or ship contains no weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. As a seller, you assume full responsibility for compliance with all applicable laws and regulations, including those regarding mailing and shipping. Anyone who sends, or causes to be sent, a prohibited, illegal, or improperly packaged or labeled material can be subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.

i. Sellers. From time to time, Comment Cart may, in its sole discretion, permit certain sellers to post their items for sale nationwide. Sellers will be charged a posting fee for any sale that results in an item being shipped. Sellers who choose to post nationwide must ship their items in accordance with Comment Cart’s Shipping Policy. When a seller accepts a buyer’s offer to purchase an item to be shipped, the seller must print the pre-paid shipping label and mail the item within 3 business days of accepting the offer. The seller may cancel an accepted offer up until the package is initially scanned for mailing. The buyer’s payment, minus Comment Cart’s nationwide posting fee, will be released to the seller no later than 3 business days after delivery, provided that no Buyer Protection claims are made by the buyer. Buyer Protection claims may result in delay and/or cancellation of payment being released to the seller.

ii. Buyers. From time to time, Buyers will be able to view items posted nationwide by sellers who have agreed to use the Comment Cart shipping feature. For these items, the buyer is solely responsible to pay the cost of shipping the item from the seller. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer. When a seller accepts a buyer’s offer to purchase an item for shipping, Comment Cart will charge or put a hold on the buyer’s method of payment, pending delivery of the item. If there are any problems with the delivery or the item itself, please consult the Comment Cart Buyer Protection Policy. For any undisclosed damage, incorrect or missing items, or items that are not as described, buyers must contact Comment Cart within 3 days of delivery, otherwise Comment Cart will deem the transaction closed and release the buyer’s payment to the seller. Please review the Comment Cart Buyer Protection Policy to learn more.

D. Service Fees. The buyer hereby agrees to pay Electronic Payment Company service fees for the sales transactions made using the Comment Cart Payment Solution (“Service Fees”). Comment Cart reserves the right to change the Service Fees from time to time.

E. Seller Use Violations. SELLER’S RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE COMMENT CART PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 8 (ACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS LIST

F. Taxes. It is Seller’s responsibility to determine what, if any, taxes apply to each transaction you complete via the Comment Cart Service, including, for example, sales, use, value added, and similar taxes. It is also Seller’s responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Comment Cart is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Comment Cart Service.

6. Transaction Fees to Comment Cart.

A. Fee. Comment Cart will collect and retain, as a transaction fee paid by each seller, 8.9% from each sale (“Transaction Fee”). Such fee is subject to change and the change will be specified via the Comment Cart Service. All Transaction Fee are denominated in U.S. dollars and are exclusive of any applicable taxes.

B. Payment Method. Transaction Fee will be paid through the Comment Cart Payment Solution. Seller hereby represents and warrants that seller is authorized to use Electronic Payment Company seller designates via the Comment Cart Service and the Electronic Payment Company shall automatically pay Comment Cart Transaction Fee upon the sale. If the Electronic Payment Company does not automatically pay the Transaction Fee, Seller hereby authorizes Comment Cart to charge seller’s Electronic Payment Company for the total amount of the Transaction Fee, including any applicable taxes and other charges. If the Electronic Payment Company cannot be verified, is invalid or is otherwise not acceptable to us, the seller’s order may be suspended or cancelled.

C. Errors. Seller’s sole remedy in the event of an error with the Transaction Fee is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.

7. Discontinuance of the Comment Cart Service.

Comment Cart may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Comment Cart Service at any time, without prior notice. Upon any such action by Comment Cart, you must immediately stop using the Comment Cart Service. You may also cancel your Account or Seller Account at any time, as described in Section 16 below.

8. Acceptable Use.

When accessing or using the Comment Cart Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:

If you violate any of the foregoing, Comment Cart reserves the right to suspend or terminate your right to access and use the Comment Cart Service immediately without notice, and you will have infringed Comment Cart’s intellectual property and other rights, which may subject you to prosecution and damages. Comment Cart also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 8. Comment Cart reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Comment Cart Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Comment Cart is not responsible or liable for the conduct of, or your interactions with, any users of the Comment Cart Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Comment Cart Service will not contain any content that is prohibited by these Terms.

9. User Content.

A. Types of User Content. Some of the features in the Comment Cart Service are the following:

i. Seller features (collectively, “Seller Content”):

ii. Buyer features (collectively, “Buyer Content”):

iii. Seller and buyer features (collectively, “Seller and Buyer Content”):

iv. Other (collectively, “Other Content”): In the course of using the Comment Cart Service, you may participate in other activities in which you may create, post, transmit, perform, store content, or otherwise make available certain content, including, but not limited to information about yourself, content, messages, materials, data, information, text, sound, images, photos, graphics, applications, code, data or other items or materials through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services.

Seller Content, Buyer Content, Seller and Buyer Content and Other Content are collectively, “User Content”.

B. License to Comment Cart.

By submitting, transmitting, displaying, performing, storing or posting User Content, you hereby grant to Comment Cart and its assigns and sublicensees a non-exclusive, unrestricted, transferable, royalty-free, perpetual, worldwide, irrevocable, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content (including without limitation for promoting and redistributing part or all of the Comment Cart Service (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered, and your name, identity, likeness and voice (or other biographical information), company name, location and any other information you submit with the User Content, in connection with the Comment Cart Service. The use of your or any other User’s name, likeness, or identity in connection with the Comment Cart Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

C. User Content Representations and Warranties.

i. You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading and publishing your User Content, you represent, and warrant that: (a) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) defame any other person; and (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Comment Cart reserves all rights and remedies against any users who breach these representations and warranties.

ii. User Content may be publicly viewable in some instances. Comment Cart reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Comment Cart Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Comment Cart Service any of the following:

D. Content is Uploaded at Your Own Risk.

i. Comment Cart uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Comment Cart does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against Comment Cart for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY COMMENT CART HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

ii. You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Comment Cart is not responsible for any errors or omissions that you make in connection with the Comment Cart Service.

E. Promotions.

Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the Comment Cart Service (a “Promotion”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Comment Cart has the right to remove your Promotion from the Comment Cart Service for any reason. (iii) Comment Cart is not responsible for and does not endorse or support any such Promotions. You may not indicate that Comment Cart is a sponsor or co-sponsor of the Promotion. (iv) All user s should display or read out the following when a Promotion is on their page: “This is a promotion by [Your Name]. Comment Cart does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.

F. Endorsements/Testimonials.

You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s.com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Comment Cart Service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Comment Cart Service, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Comment Cart, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Comment Cart Service.

10. Moderation.

You agree that Comment Cart may moderate access to and use of the Comment Cart Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Comment Cart Service if, in our opinion, your post does not comply with the content standards set out in Sections 8 and 9 above, and any other Comment Cart Service rules, including without limitation the Prohibited Items List. You agree not to bypass or attempt to bypass such moderation. You further agree that Comment Cart is not liable for moderating, not moderating or making any representations regarding moderating.

11. Third-Party Services and Content.

In addition to the User Content, in using the Comment Cart Service, you may view content, utilize services, or otherwise interact with content and services provided by third-parties, including, but not limited to, the Comment Cart Payment Solution provided by a third-party payment processor, the Comment Cart fulfillment solution through third-party logistics providers, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). You are responsible for deciding if you want to access or use Third-Party Content that link from the Comment Cart Service. Comment Cart does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that Comment Cart will have no responsibility for any Third-Party Content or makes no representations or warranties of any kind regarding the Third-Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third-parties are solely between you and the third-parties. Comment Cart is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third-party. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Comment Cart Service are solely between you and such advertiser. Access and use of the Third-Party Content, including the information, materials, products, and services on or available through Third-Party Content is solely at your own risk.

12. Feedback.

Any comments, materials or submissions sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Comment Cart Service or any other products or services of Comment Cart (collectively, “Feedback”), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

13. Copyright Policy.

A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), (“DMCA”) and other applicable law, Comment Cart has adopted a policy of terminating, in appropriate circumstances and at Comment Cart’s discretion, users who are deemed to be repeat infringers. We also may, at Comment Cart’s discretion, limit access to the Comment Cart Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

B. Copyright Complaints. We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the DMCA where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Comment Cart’s designated agent (the “Designated Agent”). If you believe that anything on the Comment Cart Service infringes upon any copyright that you own or control, you may file a notification with Comment Cart’s Designated Agent as set forth below:

To give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (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 us to locate the material on Comment Cart’s website; (4) information reasonably sufficient to permit Comment Cart to contact the complaining party, such as an address or telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Designated Agent: Comment Cart Copyright Agent

Email Address of Designated Agent: vadapav123@gmail.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that this material has removed or had access disabled. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on Comment Cart’s website. Should that occur, you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by the misrepresentation as a result of reliance upon the misrepresentation by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

14. Intellectual Property Rights.

The Comment Cart Service is owned and operated by Comment Cart. Unless otherwise indicated, the Comment Cart Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Comment Cart Service, including, without limitation, the Comment Cart logo, trademarks, and all designs, the visual interfaces, text, graphics, pictures, compilation, information, data, sound files, images, illustrations, software, computer code (including source code or object code), other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Comment Cart or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.

Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Comment Cart Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). Comment Cart and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the Comment Cart Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Comment Cart Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the Comment Cart Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the Comment Cart Service.

Any use of the Comment Cart Service or the Materials except as specifically authorized in these Terms, without the prior written permission of Comment Cart, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.

15. Trademarks.

Comment Cart, Comment Cart.com and other Comment Cart graphics, logos, slogans used by Comment Cart, the look and feel of the Comment Cart Service including all page headers, custom graphics, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Comment Cart or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, in connection with any product or service that is not Comment Cart’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Comment Cart, without our prior written consent. You will not use any trademark, product or service name of Comment Cart without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product of service name of Comment Cart. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Comment Cart or any other affiliation.

16. Suspension; Termination.

Comment Cart may revoke or terminate your License to access or use the Comment Cart Service for any reason without notice at Comment Cart’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Comment Cart Service or Materials, or any other Comment Cart product or service, or (iii) use the Comment Cart Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Comment Cart Service immediately if Comment Cart suspends or terminates your License to access or use the Comment Cart Service. Comment Cart reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Comment Cart Service during suspension or after termination. Comment Cart may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Comment Cart Service is suspended and after it is terminated.

You may also terminate your License to access or use the Comment Cart Service by closing your Account at any time.

17. Disclaimer of Warranties.

A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE COMMENT CART SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE COMMENT CART SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE COMMENT CART SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE COMMENT CART SERVICE.

B. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMMENT CART NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “COMMENT CART PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE COMMENT CART SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE COMMENT CART SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE COMMENT CART SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE COMMENT CART SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE COMMENT CART SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE COMMENT CART SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE COMMENT CART SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE COMMENT CART SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE COMMENT CART SERVICE ARE NON-INFRINGING.

C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE COMMENT CART SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE COMMENT CART SERVICE.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

18. Assumption of Risk.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE, STREAMING MEDIA AND INTERACTING WITH OTHER USERS. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE COMMENT CART SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME]. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH COMMENT CART’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).

19. Limitation of Liability.

A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMENT CART OR THE COMMENT CART PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE COMMENT CART SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE COMMENT CART SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE COMMENT CART SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE COMMENT CART SERVICE, EVEN IF COMMENT CART OR THE COMMENT CART PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND COMMENT CART’S OR THE COMMENT CART PROVIDERS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMMENT CART’S RECORDS, PROGRAMS OR SERVICES.

B. YOU ACKNOWLEDGE AND AGREE THAT COMMENT CART HAS OFFERED THE COMMENT CART SERVICE, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMMENT CART, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMMENT CART. COMMENT CART WOULD NOT BE ABLE TO PROVIDE THE COMMENT CART SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMMENT CART OR THE COMMENT CART PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE OFFER UP SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO COMMENT CART FOR ACCESS TO OR USE OF THE COMMENT CART SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.

D. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN COMMENT CART AND RECEIVED THROUGH OR ADVERTISED ON THE COMMENT CART SERVICE OR RECEIVED THROUGH ANY THIRD-PARTY CONTENT.

E. THE LIMITATIONS SET FORTH IN THIS SECTION 19 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR COMMENT CART OR THE COMMENT CART PROVIDERS’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.

20. Indemnity.

You agree to hold harmless, defend and indemnify Comment Cart and the Comment Cart Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Comment Cart Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Comment Cart or any Comment Cart Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Comment Cart Service or Materials; (iv) any content that you store on or transmit through the Comment Cart Service; or (v) any items that you mail or ship in connection with the Comment Cart Service, including items sold to other Comment Cart users. Comment Cart may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Comment Cart in such event.

21. Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH COMMENT CART AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMMENT CART (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).

A. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Comment Cart agree (1) to waive your and Comment Cart’s respective rights to have any and all Disputes arising from or related to these Terms, the Comment Cart Service or the Materials, resolved in a court, and (2) to waive your and Comment Cart’s respective rights to a jury trial. Instead, you and Comment Cart agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

B. No Class Arbitrations, Class Actions or Representative Actions. You and Comment Cart agree that any Dispute arising out of or related to these Terms, the Comment Cart Service or the Materials is personal to you and Comment Cart and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Comment Cart agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Comment Cart agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

C. Federal Arbitration Act. You and Comment Cart agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

D. Notice; Informal Dispute Resolution. You and Comment Cart agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Comment Cart shall be sent by certified mail or courier to Comment Cart, Inc., Attn: Comment Cart Designated Agent. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and Comment Cart cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Comment Cart may, as appropriate and in accordance with this Section 21, commence an arbitration proceeding, or to the extent specifically provided for in section 21(A), file a claim in court.

E. Process. Except for Disputes arising out of or related to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Comment Cart agree that any Dispute must be commenced or filed by you or Comment Cart within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Comment Cart will no longer have the right to assert such claim regarding the Dispute). F. Authority of the Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

G. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

H. Severability. If any term, clause or provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 21 will remain valid and enforceable. Further, the waivers set forth in Section 20(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

I. Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by writing to: Comment Cart,, Attn: Comment Cart Designated Agent, In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.

22. Governing Law; Venue.

These Terms, your access to and use of the Comment Cart Service and Materials shall be governed by and construed and enforced in accordance with the laws of the State of Goa without regard to conflict of law rules or principles (whether of the State of Goa or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Goa and India.

23. Miscellaneous

A. Entire Agreement; Order of Precedence. These Terms and the Privacy Policy https://Commentcart.com/privacy contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Comment Cart Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Comment Cart for the Comment Cart Service or for any other Comment Cart product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Comment Cart, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

B. Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Comment Cart Service and updating the “Last Updated” date at the bottom of these Terms. All amended Terms will become effective immediately on the date they are posted to the Comment Cart Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Comment Cart Service after such changes become effective. Your continued use of the Comment Cart Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Comment Cart Service.

C. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

D. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.

E. Relationship. Comment Cart is an independent contractor for all purposes, and is not your agent or trustee. You are not an agent of Comment Cart.

F. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Comment Cart, including by operation of law or in connection with any change of control. Comment Cart may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

G. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.

H. Survival. Sections 17 Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnity), 21 (Arbitration), 22 (Governing Law; Venue), this Section 23 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.

I. Questions. Questions about these Term should be sent to vadapav123@gmail.com

Updated: June 2, 2019

PROHIBITED ITEMS LIST

Although most things can be sold through Comment Cart Service, there are certain items we don’t allow for sale, some items due to legal, health and safety risks and concerns or items that may be considered offensive.

Here are the following items are not allowed for sale:

Alcohol, Drugs & Tobacco

Adult & Mature Content

Animals & Animal Products

Counterfeit or Replica Items

Dangerous Items

Food Items

Exceptions to this policy include:

Gift Cards

Illegal Items or Encouraging Illegal Activity

Intangible Items

Medical & Healthcare Items

Offensive Materials