Governing Law & Jurisdiction
Last Updated: January 15, 2025
This section of the MarketFlow Terms of Service outlines the legal framework that governs your use of our marketplace, platform, and related services. By accessing or using MarketFlow, you acknowledge and agree to the terms set forth below.
13.1 Applicable Law
These Terms, including any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. Federal and state anti-discrimination and consumer protection laws may apply where specifically mandated.
Note: For users residing in the European Economic Area (EEA), Switzerland, or the United Kingdom, specific data protection and consumer rights laws may supplement or override certain provisions where legally required.
13.2 Jurisdiction & Venue
Any legal suit, action, or proceeding arising out of or related to these Terms, the Marketplace Services, or the relationship between you and MarketFlow shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, located in San Francisco County. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.3 Dispute Resolution
Before initiating any legal proceedings, both parties agree to attempt to resolve the dispute informally through good faith negotiation. If such negotiations fail to resolve the matter within thirty (30) days, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise required by law.
- Arbitration shall take place in San Francisco, California.
- The arbitrator's decision shall be final and binding.
- Neither party shall have the right to appeal or consolidate claims.
13.4 Class Action Waiver
You and MarketFlow expressly agree that any claims, disputes, or causes of action arising out of or related to these Terms or the Services shall be resolved on an individual basis. You agree to waive any right to participate in a class action lawsuit, consolidated action, or representative proceeding. This waiver applies to both court proceedings and arbitration.
13.5 Severability
If any provision of this Section 13 or these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed sealed and shall not affect the validity and enforceability of remaining provisions. The remaining provisions shall remain in full force and effect.
13.6 Amendments to Governing Law
MarketFlow reserves the right to modify the governing law and jurisdiction provisions with prior notice. Significant changes will be communicated via email to the account holder and through prominent notices on the platform. Continued use of the marketplace following such updates constitutes acceptance of the revised terms.