Ya’Mar Terms of Service
Effective Date: May 20, 2026
IMPORTANT NOTICE
These Terms of Service (“Terms”) and all policies, notices, disclosures, standards, operational procedures, community rules, and agreements incorporated by reference, including but not limited to the Privacy Policy, Personal Data Protection & GDPR Compliance Policy, California Privacy Notice, Cookie Policy, Ya’Mar Shield Protection Policy, Returns & Refund Policy, Seller Verification & Transparency Policy, Seller Standards & Performance Policy, Bidding Policy, Seller Fulfilled Inventory & Sourcing Policy, International Shipping Policy, Shipping & Delivery Policy, Restricted & Prohibited Items Policy, Prohibited Conduct Policy, Community Guidelines, Digital Items Policy, Copyright & DMCA Policy, Sales Tax for Sellers Policy, Sales Tax for Buyers Policy, Appeals & Dispute Review Policy, Account Closure & Penalties Policy, and applicable Help Center guidelines (collectively, the “Policies”), constitute binding and enforceable agreements between you and Ya’Mar LLC (“Ya’Mar,” “we,” “us,” or “our”).
By accessing, downloading, registering for, purchasing through, selling through, uploading content to, browsing, interacting with, or continuing to use the Ya’Mar application, website, software, systems, content, products, features, communications, or related services (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and all incorporated Policies. Continued use of the Platform constitutes acceptance of any updates, revisions, operational changes, or Policy modifications. Ya’Mar reserves the right to update, modify, suspend, discontinue, restrict, remove, revise, limit, throttle, prioritize, demote, or alter any portion of the Platform, features, functionality, categories, pricing structures, integrations, services, moderation systems, dispute systems, payment systems, security systems, advertising systems, or operational functionality at any time without liability to the fullest extent permitted by law.
1. Scope of the Platform
Ya’Mar operates an online marketplace platform that enables users to buy and sell physical goods, digital content where permitted, and marketplace-related services where permitted by applicable law and Platform Policies.
Transactions may include fixed-price listings, auction or bidding-based sales, wholesale transactions, seller fulfilled inventory, internationally shipped items, referral or QR-based sales, marketplace advertising, promotional campaigns, and additional marketplace functionality introduced by Ya’Mar.
All transactions remain subject to these Terms and incorporated Policies.
Ya’Mar is an online marketplace platform only and, unless expressly stated otherwise, is not:
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The buyer or seller of listed items
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A reseller or distributor
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A shipping carrier or warehouse provider
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A freight forwarder or customs broker
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A manufacturer or authenticator
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A financial institution or payment processor
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An insurer or guarantor of transactions
Ya’Mar does not take ownership or possession of listed inventory and is not a party to transactions between users except as reasonably necessary to operate the Platform, facilitate transactions, process payments, enforce Policies, maintain marketplace integrity, prevent fraud, resolve disputes, protect users, comply with legal obligations, or maintain Platform security.
Nothing in these Terms creates any partnership, joint venture, employment, fiduciary, franchise, or agency relationship between Ya’Mar and any user. Ya’Mar does not guarantee sales performance, listing visibility, search placement, engagement, customer traffic, transaction volume, delivery outcomes, customs clearance, uninterrupted operation, or Platform availability.
Users acknowledge that marketplace activity involves inherent risks including fraud, counterfeit goods, inaccurate listings, delayed shipments, customs issues, payment disputes, user misconduct, service interruptions, operational disruptions, third-party outages, and shipping failures.
2. License and Access
Subject to compliance with these Terms and incorporated Policies, Ya’Mar grants users a limited, non-exclusive, revocable, non-transferable license to access and use the Platform solely for lawful purposes. Users may not reproduce, scrape, republish, reverse engineer, commercially exploit, distribute, interfere with, or create derivative works from any portion of the Platform except as expressly permitted by applicable law or these Terms. Users additionally may not use bots, AI agents, automated purchasing systems, data mining systems, scraping systems, extraction systems, model training systems, unauthorized APIs, automated access methods, or unauthorized automation technologies to access, monitor, copy, extract, interact with, train systems on, or otherwise misuse the Platform without prior written authorization from Ya’Mar. Users may not interfere with or circumvent fraud prevention systems, moderation systems, dispute systems, payment systems, taxes, fees, customs safeguards, shipping systems, seller protections, buyer protections, or operational safeguards.
3. User Accounts, Eligibility, and Verification
Certain Platform functionality requires account registration.
Users agree to provide accurate, current, and complete information and maintain updated account information at all times.
Users remain solely responsible for maintaining account confidentiality, password security, authentication credentials, device security, phone number security, email security, and all activity occurring under their accounts. Users must immediately notify Ya’Mar of unauthorized access, account compromise, suspicious conduct, fraudulent activity, security incidents, unauthorized transactions, or unauthorized payment activity. Users must be at least eighteen (18) years old to register accounts, participate in transactions, purchase items, sell items, submit bids, receive payouts, or access transactional Platform features. Minors may only access limited non-transactional features under direct supervision of a parent or legal guardian where permitted by law. The supervising adult remains fully responsible for all activity, purchases, disputes, taxes, customs obligations, financial obligations, uploaded content, chargebacks, and policy compliance associated with supervised use. Ya’Mar reserves the right to request identity verification, seller verification, tax verification, payout verification, business verification, beneficial ownership verification, inventory verification, age verification, address verification, invoices, receipts, customs documentation, banking verification, or additional compliance documentation where reasonably necessary for fraud prevention, Platform security, customs compliance, payment processor requirements, operational protection, marketplace integrity, or legal compliance. Failure to cooperate with verification requests, investigations, fraud reviews, operational reviews, security reviews, customs reviews, or compliance reviews may result in listing removal, reserve requirements, payout holds, restricted functionality, account suspension, permanent termination, or additional enforcement actions. Verification services, sanctions screening, fraud reviews, identity checks, payment verification, tax verification, beneficial ownership verification, document verification, and compliance reviews may be performed by Ya’Mar, payment processors, identity verification providers, fraud prevention vendors, financial institutions, compliance vendors, sanctions screening providers, or other authorized third-party service providers including Stripe and affiliated service providers.
4. User Conduct and Marketplace Rules
Users may not violate applicable law, engage in deceptive conduct, sell counterfeit or stolen goods, upload infringing content, manipulate reviews or bids, abuse refunds or chargebacks, submit manipulated evidence, falsify customs information, manipulate shipment tracking, interfere with Platform systems, misuse messaging systems, harass users, abuse dispute systems, or engage in fraudulent, abusive, deceptive, threatening, discriminatory, manipulative, or unlawful conduct.
Users may not sell counterfeit goods, infringing goods, unauthorized replicas, pirated digital products, stolen content, unauthorized branded merchandise, or otherwise violate intellectual property rights. Users additionally agree not to negatively impact marketplace integrity, operational reliability, fraud prevention systems, customer trust, payment processor relationships, Platform reputation, or Platform security. Additional restrictions are governed by the Restricted & Prohibited Items Policy, Prohibited Conduct Policy, Seller Standards & Performance Policy, Community Guidelines, Digital Items Policy, and incorporated Policies.
5. Marketplace Transactions and User Responsibility
Transactions occur directly between independent buyers and sellers.
Ya’Mar does not inspect inventory, authenticate products, verify item legality, guarantee seller conduct, control carrier operations, certify inventory quality, or guarantee shipment delivery unless expressly stated otherwise.
Ya’Mar does not endorse, verify, guarantee, or assume responsibility for listings, uploaded content, reviews, user communications, item condition, inventory legality, shipping outcomes, customs processing, or marketplace representations.
To the fullest extent permitted by law, Ya’Mar is not liable for listing inaccuracies, counterfeit goods, customs delays, shipping failures, fit or sizing issues, odors or smells, cosmetic imperfections, operational outages, user disputes, cloud outages, carrier failures, telecommunications interruptions, payment processor outages, third-party conduct, or operational disruptions.
Users assume all risks associated with Platform transactions and activity. Ya’Mar reserves the right to correct listing errors, technical mistakes, pricing errors, payout errors, shipping errors, tax errors, customs errors, processing errors, or operational malfunctions without liability.
5.1 International Transactions
Ya'Mar may permit international transactions between supported countries and regions designated by the Platform. Supported countries, shipping corridors, carriers, services, categories, products, and transaction types may change at any time.
Eligible international shipments may utilize Delivered Duty Paid (DDP) shipping services. For DDP shipments, estimated customs duties, import taxes, VAT, GST, brokerage fees, customs processing fees, and similar import-related charges may be calculated and displayed separately during checkout when available. Such amounts may be collected before shipment and remitted through participating carriers, shipping providers, customs partners, logistics providers, governmental agencies, or other authorized third parties.
Certain sellers may be permitted to offer Delivered at Place (DAP) shipping services where supported by Platform functionality and where buyers are provided applicable duty, tax, customs, or import cost information prior to purchase. For DAP shipments, buyers may remain responsible for duties, taxes, VAT, GST, brokerage fees, customs charges, governmental assessments, and other import-related costs imposed by the destination country.
Sellers remain solely responsible for providing accurate customs declarations, item descriptions, declared values, package weights, package dimensions, countries of origin, and Harmonized System (HS) tariff classification codes. Ya'Mar may provide HS code lookup tools, category mappings, automated suggestions, customs assistance tools, or similar functionality for convenience only. Sellers remain solely responsible for verifying the accuracy of all customs information submitted through the Platform.
Buyers and sellers acknowledge that customs authorities, tax authorities, carriers, governmental agencies, and regulatory bodies may assess additional duties, taxes, fees, brokerage charges, storage charges, inspections, penalties, or other amounts that were not known, available, or calculable at the time of checkout.
International transactions remain subject to customs laws, import laws, export laws, sanctions laws, trade restrictions, carrier requirements, governmental regulations, and all applicable Platform Policies. Failure to comply with such requirements may result in shipment delays, customs holds, denied imports, returned shipments, seizure of goods, loss of Platform protections, account restrictions, withheld payouts, transaction cancellation, enforcement actions, or other remedies permitted under these Terms and applicable Policies.
Ya'Mar is not a customs broker, freight forwarder, importer of record, exporter of record, governmental authority, tax authority, carrier, or logistics provider unless expressly stated otherwise. Ya'Mar does not guarantee customs clearance, customs processing times, import eligibility, customs assessments, delivery timelines, carrier performance, governmental approvals, or international transaction outcomes.
6. Bidding and Auctions
Ya’Mar may offer bidding or auction functionality subject to the Bidding Policy.
All bids are generally final, binding, non-retractable, and non-cancelable once submitted unless otherwise required by law.
Winning bidders are legally obligated to complete payment for successful auctions.
Bid manipulation, collusion, deceptive bidding practices, artificial price inflation, or auction abuse are prohibited.
7. Digital Goods
Digital transactions remain subject to the Digital Items Policy.
Digital sales are generally final once delivery, download access, redemption access, activation access, or digital access becomes available unless otherwise required by law or expressly permitted under Platform Policies. The Platform does not permit NFTs, blockchain assets, cryptocurrency products, activation keys, software license resales, cloud memberships, subscription-based digital access, streaming access resales, unauthorized account access sales, or prohibited digital services. Sellers represent and warrant that they possess all necessary ownership rights, licenses, permissions, authorizations, and intellectual property rights required to sell, distribute, transfer, license, or provide digital products through the Platform. Sellers remain solely responsible for ensuring compliance with copyright laws, trademark laws, licensing agreements, intellectual property rights, and applicable legal requirements relating to digital products.
8. Seller Fulfilled Inventory and Sourcing
Sellers using suppliers, sourcing systems, fulfillment providers, or third-party inventory methods remain fully responsible for inventory sourcing, item inspection, customer service, dispute handling, refunds, delivery performance, packaging, supplier conduct, shipping compliance, and legal compliance. Unauthorized supplier-to-buyer shipments may be prohibited unless expressly authorized by Ya’Mar. Ya’Mar reserves the right to remove listings, suppress visibility, restrict categories, impose reserves, hold payouts, restrict sellers, or suspend accounts where sourcing practices, dispute rates, shipping delays, inventory reliability, fulfillment methods, or operational practices negatively impact customer trust, fraud prevention systems, marketplace integrity, operational reliability, or Platform reputation.
9. Shipping, Delivery, Customs, and International Transactions
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Shipping, Delivery, Customs, and International Transactions
Shipping, delivery, customs processing, duties, taxes, and international transactions remain subject to the Shipping & Delivery Policy and International Shipping Policy.
International shipping may be offered between supported countries and regions designated by Ya'Mar. Certain countries, shipping corridors, categories, products, carriers, or services may be restricted, unavailable, or subject to additional requirements.
Eligible international shipments may utilize Delivered Duty Paid (DDP) services. For DDP shipments, estimated duties, taxes, VAT, GST, brokerage fees, customs processing fees, and similar import-related charges may be calculated and displayed separately during checkout when available.
Certain sellers may be permitted to offer Delivered at Place (DAP) shipping services where supported by Platform functionality. For DAP shipments, buyers may remain responsible for customs duties, import taxes, VAT, GST, brokerage fees, customs charges, governmental assessments, and similar import-related costs imposed by the destination country.
Users participating in international transactions agree to comply with all applicable customs laws, import laws, export laws, sanctions laws, dangerous goods regulations, carrier requirements, and governmental regulations.
Sellers are solely responsible for providing accurate customs declarations, accurate item descriptions, accurate declared values, country of origin information, package weights and dimensions, and accurate Harmonized System (HS) tariff classification codes.
Ya'Mar may provide HS code lookup tools, category mappings, customs assistance tools, automated suggestions, or similar functionality for convenience only. Sellers remain solely responsible for verifying the accuracy of all customs information submitted through the Platform.
Shipping services, shipping labels, tracking systems, customs processing systems, duties and tax calculation systems, address verification systems, and shipping-related functionality may involve third-party providers including ShipEngine, participating carriers, customs partners, logistics providers, and affiliated service providers.
Ya'Mar does not guarantee shipment success, carrier availability, customs clearance, customs assessments, import eligibility, delivery timelines, governmental approvals, or operational availability outside Ya'Mar's reasonable control.
10. Export Controls and Sanctions Compliance
Users may not use the Platform in violation of United States export laws, sanctions laws, customs restrictions, embargoes, or international trade restrictions. Ya’Mar reserves the right to freeze transactions, hold payouts, restrict accounts, preserve evidence, remove listings, cancel transactions, cooperate with authorities, or report suspicious activity where required or permitted by law.
11. Wholesale Transactions and Resale Certificates
Wholesale transactions may be permitted where authorized by Platform functionality and applicable law.
Sellers remain solely responsible for requesting, validating, reviewing, and retaining resale certificates or tax-exempt documentation where applicable. Ya’Mar does not validate, approve, store, or review resale certificates and is not responsible for tax audits, tax disputes, tax determinations, or regulatory actions relating to wholesale activity or resale certificates.
12. Taxes and Tax Reporting
Users remain solely responsible for income taxes, business taxes, tax filings, reporting obligations, licensing obligations, regulatory compliance obligations, and other legal obligations applicable to their use of the Platform.
For international transactions, customs duties, import taxes, VAT, GST, brokerage fees, customs processing fees, and similar import-related charges may be collected from buyers during checkout for eligible DDP shipments or may be assessed separately for DAP shipments and other customs arrangements as described in the International Shipping Policy.
Ya'Mar, its payment processors, shipping providers, carriers, customs partners, or affiliated service providers may calculate, collect, remit, process, recover, reverse, adjust, or withhold taxes, duties, customs charges, brokerage fees, and related amounts where required by law or operational necessity.
13. Intellectual Property and User Content
Users represent and warrant that they possess all rights necessary for uploaded content, storefronts, product images, branding materials, videos, descriptions, listings, reviews, and related submissions. Users remain solely responsible for compliance with intellectual property laws, attribution obligations, licensing obligations, and content rights. Intellectual property complaints, copyright complaints, DMCA notices, trademark disputes, counterfeit reports, authenticity investigations, rights-owner complaints, brand protection requests, and infringement reviews are governed by the Intellectual Property & Counterfeit Policy, Copyright & DMCA Policy, Trademark & Brand Usage Guidelines, and other applicable Platform Policies. Ya’Mar may require sellers to provide receipts, invoices, sourcing records, licensing records, authenticity documentation, supplier records, authorization letters, distribution agreements, or other evidence reasonably necessary to verify ownership, authenticity, sourcing, licensing rights, distribution rights, or compliance with Platform Policies. By uploading or posting content, users grant Ya’Mar a worldwide, non-exclusive, sublicensable, royalty-free license to host, reproduce, distribute, process, analyze, display, advertise, promote, market, moderate, format, adapt, and otherwise use such content in connection with operating, improving, securing, analyzing, advertising, enforcing, and promoting the Platform. This license includes the right to use listings, storefronts, usernames, product photos, branding materials, videos, and related user-generated content for advertising, analytics, fraud prevention, operational systems, search indexing, marketplace promotion, social media marketing, recommendation systems, and business development purposes. Ya’Mar reserves the right to remove allegedly infringing material, disable listings, preserve evidence, suppress content, terminate repeat infringers, cooperate with rights holders, cooperate with regulators, cooperate with customs authorities, cooperate with payment processors, or cooperate with law enforcement agencies where reasonably necessary.
14. Privacy, Electronic Communications, Cookies, OTP, and Consent
Ya’Mar’s Privacy Policy, Personal Data Protection & GDPR Compliance Policy, California Privacy Notice, and Cookie Policy govern how personal information is collected, processed, disclosed, transferred, retained, stored, safeguarded, and protected.
By using the Platform, users consent to receive electronic communications including emails, SMS messages, OTP verification codes, authentication messages, transactional communications, operational notices, security alerts, dispute communications, legal notices, account notifications, marketing communications where permitted by law, and policy updates through email, SMS, Platform messaging systems, in-app notifications, or website postings. Users authorize Ya’Mar and its service providers to send authentication messages, transactional communications, security notices, verification notices, and operational communications to provided phone numbers and contact methods. Message and data rates may apply. Ya’Mar may use cookies, SDKs, pixels, device identifiers, analytics technologies, advertising technologies, authentication technologies, fraud prevention technologies, attribution technologies, and related tracking systems to operate, improve, secure, personalize, analyze, monitor, advertise, maintain, and protect the Platform. Electronic records, electronic signatures, electronic notices, digital agreements, and electronic communications satisfy legal writing and signature requirements to the fullest extent permitted by law. Users consent to receiving notices electronically rather than through paper mail unless otherwise required by law.
15. AI, Automation, Fraud Prevention, and Platform Monitoring
Ya’Mar may use automated systems, AI-assisted moderation systems, behavioral analysis technologies, fraud detection systems, machine learning technologies, image analysis systems, risk-scoring systems, recommendation systems, and operational monitoring systems to review listings, detect suspicious conduct, investigate disputes, evaluate account risk, enforce Policies, maintain marketplace integrity, improve operational systems, protect Platform security, and comply with legal obligations.
Platform messages, attachments, uploaded files, communications, metadata, dispute communications, transaction-related communications, and related content may be reviewed, retained, analyzed, disclosed, investigated, moderated, or preserved where reasonably necessary for fraud prevention, dispute resolution, customer support, legal compliance, Platform security, marketplace integrity, enforcement of Platform Policies, operational purposes, or protection of users, Ya’Mar, or third parties, as further described in the Messaging Privacy, Review & Content Access Notice. Ya’Mar reserves the right, but not the obligation, to monitor, preserve, review, moderate, prioritize, demote, restrict, remove, suppress, disable, investigate, or refuse listings, messages, shipments, transactions, payouts, accounts, categories, or Platform access. Certain moderation, dispute handling, payout review, fraud prevention, or enforcement decisions may involve automated systems. AI-assisted systems may assist in reviewing listings, images, messages, reports, marketplace activity, dispute submissions, and fraud indicators.
Where appropriate, enforcement actions may involve human review in addition to automated systems.
16. Payments, Payouts, Seller Reserves, Recovery Authorization, and Negative Balances
Payments and payouts are processed through third-party providers including Stripe and affiliated service providers. For international transactions, sellers authorize Ya'Mar, its payment processors, shipping providers, carriers, customs partners, and affiliated service providers to recover customs duties, import taxes, VAT, GST, brokerage fees, customs processing fees, carrier surcharges, customs adjustments, penalties, return shipping charges, customs-related assessments, and related amounts resulting from inaccurate customs declarations, inaccurate HS codes, inaccurate declared values, inaccurate country of origin information, inaccurate shipment information, customs enforcement actions, carrier adjustments, or regulatory actions where permitted by law and applicable Platform Policies. Ya’Mar reserves the right to delay payouts, hold funds, freeze transactions, reverse payouts, impose reserves, restrict transfers, require additional verification, deny payout eligibility, or limit access to funds where reasonably necessary for fraud prevention, legal compliance, chargeback handling, customs compliance, marketplace integrity, operational protection, payment processor requirements, or Platform security. Users authorize Ya’Mar and its payment processors to recover shipping overages, dimensional weight adjustments, customs duties, VAT obligations, carrier surcharges, address correction fees, insufficient postage charges, refund reversals, penalties, taxes, dispute costs, operational losses, processing costs, collections costs, enforcement expenses, and related amounts from reserves, payouts, balances, future transactions, linked payment methods, funding sources, or bank accounts where permitted by law. Authorization to charge payment methods survives account closure, suspension, disputes, chargebacks, termination, or attempts to remove payment methods from the Platform. Failure to satisfy outstanding balances may result in withheld payouts, collections activity, reserve requirements, arbitration, legal enforcement, permanent account termination, or restricted Platform access.
17. Chargebacks and Payment Disputes
Users agree to first attempt dispute resolution through Ya’Mar before initiating chargebacks or external payment disputes where permitted by law. Ya’Mar may provide shipment records, transaction records, customs records, communications, fraud indicators, account history, technical information, device information, operational records, or related evidence during investigations or payment disputes. Ya’Mar reserves the right to assess a $30 USD chargeback administration fee where a user is reasonably determined responsible for fraudulent chargebacks, abusive disputes, improper payment disputes, policy violations, or bad-faith conduct. Fraudulent or abusive chargeback activity may result in collections activity, permanent suspension, arbitration, legal enforcement, or referral to regulators or law enforcement agencies.
18. Collections and Recovery Rights
If a user owes money to Ya’Mar, Ya’Mar reserves the right to deduct balances, continue collections activity after account closure, maintain reserves, charge payment methods, refer debts to collections agencies, recover attorneys’ fees, report delinquent balances where permitted by law, pursue arbitration, or pursue legal enforcement. Recovery rights survive account suspension, closure, disputes, termination, chargebacks, or removal of payment methods.
19. Account Suspension and Termination
Ya’Mar may suspend, restrict, investigate, terminate, permanently ban, suppress, or otherwise limit accounts where reasonably necessary for fraud prevention, customs compliance, excessive disputes, counterfeit concerns, payment processor requirements, policy violations, marketplace integrity, operational protection, security concerns, or legal compliance.
Ya’Mar may remove listings, freeze transactions, preserve evidence, hold payouts, restrict categories, impose reserves, deny functionality, or limit Platform access during fraud reviews, moderation reviews, operational reviews, customs reviews, enforcement proceedings, or investigations. Users may permanently delete their accounts through Platform settings where available. Certain information may be retained following account deletion where reasonably necessary for legal compliance, fraud prevention, dispute resolution, tax reporting, chargeback handling, security investigations, enforcement of Platform Policies, or protection of marketplace integrity.
20. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
To the fullest extent permitted by law, Ya’Mar DISCLAIMS ALL WARRANTIES including merchantability, fitness for a particular purpose, title, accuracy, reliability, uninterrupted operation, availability, non-infringement, or error-free functionality.
Ya’Mar does not guarantee shipment outcomes, transaction success, uninterrupted access, operational continuity, fraud prevention success, customs clearance, delivery timelines, or Platform availability.
21. Limitation of Liability
To the fullest extent permitted by law, Ya’Mar shall not be liable for indirect damages, consequential damages, punitive damages, incidental damages, emotional distress, lost profits, lost revenue, operational disruptions, carrier failures, customs delays, cloud outages, payment processor failures, telecommunications interruptions, user disputes, listing inaccuracies, or third-party conduct.
Ya’Mar’s total cumulative liability shall not exceed the lesser of:
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The amount paid to Ya’Mar relating to the transaction giving rise to the claim; or
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$200 USD
Certain jurisdictions may not permit certain limitations, so portions of this section may not apply.
22. Indemnification
Users agree to indemnify, defend, and hold harmless Ya’Mar, affiliates, officers, employees, contractors, licensors, payment processors, shipping providers, service providers, and partners from claims, liabilities, penalties, damages, losses, judgments, customs obligations, tax obligations, attorneys’ fees, or expenses arising from user conduct, uploaded content, listings, transactions, Platform misuse, customs issues, policy violations, intellectual property disputes, fraudulent conduct, or violations of law.
23. Dispute Resolution, Arbitration, Venue, and Class Action Waiver
Before initiating legal proceedings, users agree to first attempt informal resolution by contacting legal@yamarapp.com and allowing thirty (30) days for review and resolution. Except where prohibited by law, disputes shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under applicable Consumer Arbitration Rules. Arbitration proceedings shall occur in Florida, United States unless otherwise required by law.
Users waive rights to jury trials, class actions, representative proceedings, and consolidated claims to the fullest extent permitted by law. Any claim relating to the Platform or these Terms must be filed within one (1) year after the claim arose or be permanently barred. Users may opt out of arbitration by submitting written notice to legal@yamarapp.com within thirty (30) days of first accepting these Terms. Nothing prevents either party from filing qualifying small claims actions, seeking injunctive relief, protecting intellectual property, pursuing collections activity, preventing fraud, or addressing security threats.
This section survives account closure or termination.
24. Force Majeure
Ya’Mar is not liable for outages, disruptions, delays, failures, or losses caused by events outside Ya’Mar’s reasonable control including natural disasters, cyberattacks, government actions, customs holds, labor disputes, cloud outages, telecommunications outages, AI system failures, supply chain disruptions, carrier failures, payment processor outages, sanctions, internet outages, utility failures, pandemics, operational disruptions, or international trade restrictions.
25. Governing Law
These Terms are governed by the laws of the State of Florida and applicable United States federal law without regard to conflict-of-law principles except where otherwise required by applicable consumer protection laws.
26. Severability
If any provision of these Terms is determined unenforceable, the remaining provisions remain in full force and effect.
27. Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of rights or remedies.
28. Entire Agreement
These Terms and incorporated Policies constitute the complete agreement between users and Ya’Mar regarding use of the Platform.
29. Assignment
Users may not assign rights or obligations without Ya’Mar’s written consent.
Ya’Mar may assign rights and obligations in connection with mergers, acquisitions, reorganizations, financing transactions, bankruptcy proceedings, corporate restructuring, or asset sales.
30. Survival
Sections relating to payments, collections activity, reserves, arbitration, customs obligations, dispute handling, taxes, indemnification, Platform protections, fraud prevention, intellectual property, liability limitations, recovery rights, enforcement rights, chargeback handling, and operational protections survive account suspension, restriction, closure, or termination.
31. Additional Terms
Matters not expressly addressed within these Terms remain governed by incorporated Policies, Help Center guidelines, notices, procedures, operational standards, rules, and disclosures published by Ya’Mar. Additional policies incorporated into these Terms include, but are not limited to, the Messaging Privacy, Review & Content Access Notice, Seller Verification Policy, Intellectual Property & Counterfeit Policy, Trademark & Brand Usage Guidelines, and all other Platform Policies published by Ya’Mar.
32. Contact Information
Ya’Mar LLC
United States