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TERMS OF USE


1. 11 Main Merger with OpenSky

As part of the OpenSky family for nearly a year, we’re excited to announce that on May, 1, 2016, 11 Main will permanently move to OpenSky.com. As of that date, when shoppers go to 11Main.com, they’ll be redirected to OpenSky, where they can find some of their favorite 11 Main shops and other great brands.

If you are an 11 Main merchant, you will still be able to access your 11 Main Shop Center through May 31, 2016, to process any outstanding orders and update any banking or credit card information that may be required to allow us to settle any credits or debts and/or provide you with any important tax information that may be required next year.

If you have any questions, please visit our FAQs or contact our Customer Support Team; we’ll be happy to answer any questions you may have and help you get set up on OpenSky if you’d like to sell there.

2. ACCEPTANCE

Please read these Terms of Use and the applicable Subpolicies ("Agreement" or "Terms of Use") carefully before using the website and services offered through the 11 Main website, or 11 Main applications, including desktop and mobile applications (collectively, "11 Main," "we," or "us"). This agreement sets forth the legally binding terms and conditions for your use of the website at 11Main.com (together with any site that redirects to 11Main.com, the "Site") and all services provided by 11 Main on the site.

3. SUBPOLICIES

By using the Site in any manner (even just browsing), you (the "user" or "you") are bound by this Agreement, including those additional terms and conditions, and policies referenced in this Agreement or available by hyperlink. This Agreement applies to all users of the Site, including, without limitation, users who are vendors, customers, merchants, or contributors of content, information, and other materials or services on the Site.

If you have any questions, please refer to our help.

Sellers invited to sell through the Site are subject to the Merchant Agreement and the Fees and Billing Policy. You can see specific Subpolicies for additional terms and conditions and policies:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by 11 Main from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

4. MARKETPLACE

A. GENERALLY
11 Main acts as a marketplace, or venue, to allow users who comply with 11 Main's policies to offer, sell and buy within a fixed-price format. 11 Main curates this marketplace, and endeavors to recruit and limit participation in this marketplace to high-quality artisans, creators, brands, and merchants that deliver a high-quality buying experience. Nonetheless, 11 Main is not directly involved in the transactions between buyers and sellers. As a result, 11 Main cannot ensure the quality, safety, morality or legality of any aspect of the offers listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. 11 Main cannot ensure that a buyer or seller will actually complete a transaction. 11 Main reserves the right to cancel any orders that 11 Main believes may reflect clerical or technical errors or inaccurate pricing.

B. LEGAL OWNERSHIP OF ITEMS
11 Main does not transfer legal ownership of items from the seller to the buyer. 11 Main will encourage sellers on the marketplace to help buyers know them and understand their unique stories but cannot guarantee the true identity, age, and nationality of a user. 11 Main encourages you to communicate directly with potential transaction partners. You may also wish to consider using a third-party escrow service or services that provide additional user verification. 11 Main is a venue, and, as such, is not responsible or liable for any content (for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on 11 Main). You use the 11 Main service at your own risk.

5. MEMBERS AND ELIGIBILITY

A. REGISTRATION
To sign up to use the Site, you must register for an account and create an 11 Main profile (an "Account"). You must provide accurate and complete information and keep your Account information updated. You will not select or use as a username any name that is: (i) the name of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. You may not use another person's user account or registration information for the use of the Site without permission. You must notify 11 Main immediately of any change in your eligibility to use the Site (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You may not publish, distribute or post login information for your Account. By registering your 11 Main Account through a third party service, such as Facebook Connect, you are bound by all applicable policies of such third party service and will comply with them.

B. AGE
11 Main's services are available only to, and may only be used by, individuals who are 18 years 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. 11 Main may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

C. PASSWORD
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You will immediately notify 11 Main of any unauthorized use of your password or any breach of security. You also agree that 11 Main cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You will not provide your Account credentials to any party without 11 Main's express written permission.

D. ACCOUNT INFORMATION
You must keep your account information up to date and accurate, and maintain a valid email address at all times. To sell items on 11 Main you must provide, and maintain, valid payment information such as valid credit card information or a valid PayPal account.

E. ACCOUNT TRANSFER
You may not transfer or sell your 11 Main account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

F. RIGHT TO REFUSE SERVICE
11 Main's services are not available to suspended 11 Main members. 11 Main reserves the right, in 11 Main's sole discretion, to cancel unconfirmed or inactive accounts. 11 Main reserves the right to refuse service or an aspect of its service to anyone, for any reason, at any time, in 11 Main's sole discretion. Access to the Site is offered only for your use, and not for the use or benefit of any third party.

G. TERMINATION
You may cancel your account at any time; provided, however, that the effective date the cancellation will be determined by 11 Main to ensure that pending transactions have been completed and any other matters have been resolved.

6. USER REFERRALS

11 Main, 11 Main's subsidiaries, officers, directors, employees, and 11 Main's suppliers provide 11 Main's web site and services "as is" and without any warranty or condition, express, implied or statutory. 11 Main, 11 Main's subsidiaries, officers, directors, employees and 11 Main's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from 11 Main will create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 11 Main does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside 11 Main's control.

7. DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES

A. DISCLAIMERS
11 Main, 11 Main's subsidiaries, officers, directors, employees, and 11 Main's suppliers provide 11 Main's web site and services "as is" and without any warranty or condition, express, implied or statutory. 11 Main, 11 Main's subsidiaries, officers, directors, employees and 11 Main's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from 11 Main will create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 11 Main does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside 11 Main's control.

In no event will 11 Main, and (as applicable) 11 Main's subsidiaries, officers, directors, employees or 11 Main's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, 11 Main's services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

B. LIABILITY LIMITS
11 Main's liability, and (as applicable) the liability of 11 Main's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to 11 Main in the 12 months prior to the action giving rise to liability, or (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

C. INDEMNITIES
You will indemnify, defend and hold harmless 11 Main, its subsidiaries and affiliated companies, their successors, assigns, merchants, publishers, curators, insiders, employees, customers, and users of products, against all damages, expenses, liabilities, claims, suits, demands, costs, attorneys’ fees or losses of every kind, arising out of, or alleged to have arisen out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of the third party. 11 Main will have the right to participate in its defense and hire counsel of its choice at your expense. The provisions of this section will survive the acceptance of and payment for the products hereunder, and any termination or expiration of an order for products or this agreement. If you are a merchant on the 11 Main site, you are party to the merchant agreement, and you are subject to the indemnity provisions of the merchant agreement.

8. NOTICES, INTELLECTUAL PROPERTY

A. NOTICES
Except as explicitly stated otherwise, any notices will be given by postal mail to:

11 Main, Inc.
Attention: General Counsel
527 Flume St.
Chico, CA 95928
(in the case of 11 Main)

or, in your case, to the email address you provide to 11 Main (either during the registration process or when your email address changes). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, 11 Main may give you notice by certified mail, postage prepaid and return receipt requested to the address provided to 11 Main. In such case, notice will be deemed given three days after the date of mailing.

B. INTELLECTUAL PROPERTY
For issues with intellectual property, please provide the notice as specified in our Copyright and Intellectual Property Policy.

9. MODIFICATIONS

11 Main reserves the right, in its sole discretion, to modify or replace any of these Terms of Use or Subpolicy referenced or linked herein, or change, suspend, or discontinue the services of the Site (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site, or by sending you notice through the Site, via email or by another appropriate means of electronic communication. Except, as stated otherwise in these Terms of Use or Subpolicies referenced or linked herein, all amended terms shall automatically be effective immediately for new users and upon 30 days notice after they are initially posted for existing users. 11 Main may also impose limits on certain features and services, or restrict your access to parts or all of the Site without notice or liability. While 11 Main will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the services of the Site following notification of any changes to these Terms of Use constitutes acceptance of those changes

10. LEGAL DISPUTES, CLASS ACTIONS

THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE THE FOREGOING DISCLAIMER, LIABILITY LIMITATION, INDEMNITY SECTIONS). THESE TERMS OF USE ALSO INCORPORATE A LEGAL DISPUTES POLICY, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (SEE LEGAL DISPUTES POLICY). UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST 11 MAIN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

11. MISCELLANY

A. Survival. The following sections and policies (including those as applicable by their nature) will survive any termination or expiration of this Agreement:

  • Marketplace
  • Disclaimer; Liability Limit; Indemnity
  • Notices; Subpoenas
  • Miscellany
  • Fees and Billing Policy
  • Legal Disputes Policy
  • Trademark Use Guidelines
In addition, each policy incorporated by reference may specify additional terms that will survive this Agreement.

B. Force Majeure. 11 Main will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond 11 Main's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

C. Assignment. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. 11 Main may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

D. No Waiver. 11 Main's failure to enforce any part of these Terms of Use at any time or in any particular instances will not constitute a waiver of 11 Main's right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, 11 Main must provide you with written notice of such waiver through one of our authorized representatives.

E. Headings. The section and paragraph headings in these Terms of Use are for convenience only and will not affect their interpretation.

F. Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

G. Relationship. You and 11 Main are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

H. Governing Law. The governing law for this agreement is set forth in the Legal Disputes Policy.

I. Disclosure. The services hereunder are offered by 11 Main, Inc., located at 527 Flume St., Chico, CA 95928. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

J. Entire Agreement. The terms and conditions set forth in this Agreement, including its sub-policies are the complete and exclusive agreement between 11 Main and you, and supersede all prior or contemporaneous oral or written understandings or negotiations, and all past dealing or industry custom, with respect to its subject matter.

Updated: April 1, 2016