Momento Market Terms of Service

Last Updated: February 3, 2026

These Momento Market Terms of Service (“TOS” or “Terms”) govern (a) your use of and access to the Momento Market’s platform (“Platform”), which includes the acmomento.com website (the “Site”) and Momento’s mobile application “Momento” (the “Mobile App”), and (b) your use of the Platform to access and receive  our related products and services (collectively, the “Service” or “Services”). The Platform (including the Site and Mobile App) is owned and operated by Momento Market, Inc. (also referred to herein as “Company,” “Momento” or “Momento Market” and “we,” “our,” “us” and any derivations thereof).   You can access and review the most current version of the TOS by clicking on the “Terms of Service” link displayed within the Mobile App or on our Site.  You agree to comply with all of these terms when accessing or using our Services. For information regarding the processing of personal information, please see our Privacy Policy link displayed within the Mobile App or on our Site.

THE TERMS OF THIS AGREEMENT ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE PLATFORM. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW THE SECTION TITLED “ARBITRATION” FOR MORE INFORMATION. THIS AGREEMENT LIMITS MOMENTO’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. ELIGIBILITY AND ACCEPTANCE OF TERMS

You may only use the Platform if you are legally able to enter into a binding contract. If you are under the age of 18, you may only use the Platform in conjunction with and under the supervision of a parent or guardian. If you are a parent or guardian of a child or minor ward under the age of 18 (or the age of legal majority in your jurisdiction), by allowing your child or minor ward to obtain an account or use the Platform, you as the parent or guardian are subject to these Terms and are fully liable and responsible for your child’s or minor ward’s activities (including any activities relating to their account or use of the Platform). You agree not to create an account if you have been previously banned from the Platform or are barred from using the Platform under the laws of the United States. We may refuse your registration for any reason.

By accessing the Platform, clicking on an “I Accept” or “Sign Up” button, completing the registration process, and/or otherwise demonstrating your consent to these Terms, YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (a) you have read, understand, and agree to be bound by this Agreement, (b) you are 18 years of age or older or you are the parent or guardian of a child or minor ward under the age of 18, and that you have the right, authority, and capacity to agree to and abide by these Terms and enter into legally binding contracts, (c) you have the authority to enter into these Terms personally or on behalf of an entity, organization, or company you have named as the user, and to bind such entity to these Terms, and (d) you will use the Service in a manner consistent with any and all applicable laws and regulations. If you do not agree to be bound by these Terms, you may not access or use the Platform or the Services. 

In addition, you agree that any information you provide to us shall be truthful and accurate, including your jurisdiction of residence, which we will rely on to fulfill our regulatory and tax commitments.

We will commence supplying the Services to you as soon as you accept this TOS. UK residents can cancel this TOS as set forth under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

These Terms are effective as of the date you access the Service, and for existing users as of the date of the latest update.

  1. UPDATES TO THESE TERMS AND THE PLATFORM

If we change or modify these Terms, we will post a revised version which shall automatically replace and supersede the terms of these Terms and will be effective immediately upon posting. It is important that you review these Terms whenever the Terms are updated before continuing to use the Platform. Your continued use of the Platform and the Services following Momento’s posting of revised Terms will constitute your acceptance of the revised Terms. Do not continue to use the Services or the Platform if you do not agree with the terms of these Terms or any revised version of these Terms.

You acknowledge and agree that Momento may modify (or otherwise discontinue) the Platform (or any portion thereof) in any way and at any time, with or without notice. Momento shall have no liability for any such change or discontinuance. You further acknowledge and agree that, while Momento has attempted to provide accurate information on the Platform, such information may change frequently and in no event will Momento be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date.

The Platform includes access to the Site and Mobile App. You must provide all equipment and software necessary to connect to the Platform, including but not limited to, a mobile device that is suitable to connect with and use the Platform, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Platform. 

  1. EMAIL COMMUNICATIONS

When you register for the Service, you agree to receive email messages from us and our partners. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or our third-party partners.

  1. PAYMENTS

From time to time we may offer certain paid services as part of the Service, which you can choose to accept or purchase in your discretion.  With respect to any paid Services you accept or purchase, you are required to have a valid payment method on file to bid, make an offer or purchase an item. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies and/or legal counsel.

By accepting a paid Service: (i) you authorize us to place a hold on your payment method; (ii) you authorize us to automatically charge or deduct such amounts through our payment processor (e.g. Stripe) directly to your credit card provider; (ii) you unconditionally and irrevocably appoint us as your agent for purposes thereof; (iii) you irrevocably assign to us all rights and ownership in and to such payments; and (iv) you authorize us to deduct your payment method. 

In certain instances we may use and may share with our third-party payment processors (e.g., Stripe), and our third-party payment processors may use and share with us, transaction data, payment data and data about your account. Accordingly, you grant us permission to work with and interact with these payment processors and to share, transfer and copy transaction data, payment data and user data for the benefit of facilitating or improving use or interoperability of the payment processing services and our Services, or in connection with formal or informal investigations of fraud, misuse or suspicious activity. Your or our use of any third-party payment processing service is subject to the applicable terms and conditions of use established by such service.

We and our third-party payment service providers may receive updated payment method information from your credit card or other payment method issuer at the election of your credit card and payment method issuer. Neither Momento Market nor its third-party payment service providers are responsible for such release of your credit card or payment method information. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regard to your right to opt out of the update service.

  1. TAXES

We do not make any representations whatsoever or assume any responsibility for any VAT, taxes or duties applicable to Services you purchase from us. As a user, you understand and agree that any amounts we charge are based on the laws and regulations of each local jurisdiction, based on the advice of our third party local tax advisors and the information provided by you.  We disclaim any liability whatsoever regarding VAT, tax, duties or their interpretations. We rely on information you provide to collect the correct tax and duty amounts required by law.  It is ultimately your responsibility to understand the tax obligations in your local jurisdiction.

To the fullest extent possible under applicable law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide valid information used to collect VAT and/or duties.

  1. PRICING OF OUR SERVICES

We reserve the right at any time to charge for certain portions of the Services, to change or update the fees or payments due for such Services, or offer our Services or a portion thereof for free.  Any charges for Services will be disclosed to you in advance of your acceptance of such Services.  If we notify you of a charge for Services, or a change in fees, your continued use of the Service will be deemed acceptance thereof.

  1. LOCATION OF SERVICES

Our technology and digital goods services are offered from the United States, and you are therefore agreeing to the laws applicable in the United States with respect to certain technology and digital service matters.  

  1. PRIVACY AND DATA PROTECTION

Momento’s collection and use of personal information in connection with the Services is described in Momento’s Privacy Policy, which may be amended from time to time (“Privacy Policy”). The Privacy Policy is incorporated into and forms a part of these Terms. 

  1. RIGHTS GRANTED IN THE SERVICE

The Service is a Mobile App and Site wherein we display and allow you to track a compilation of certain facts, data, information and other assets for your own limited, personal use within the Services.  We gather this information, among others, from public and private sources, in some cases subject to licenses we purchase from third parties for the use of this information and of other assets with our Service.  Accordingly, it is important to note that your use of the Services and the information therein is subject to our and our third-party’s licensing, copyright and other restrictions at all times.  When you use the Services or access any information therein, you expressly agree to the following:

  1. Momento Market grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages and create a profile within the Service in our sole discretion and subject to these Terms.
  2. You acknowledge and agree that, as between you and Momento Market, Momento Market owns all rights, title and interest (including all intellectual property and licensing rights) in the Service and all content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. Momento Market reserves all rights not expressly granted to you.
  3. You may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOS; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Momento Market; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.
  4. To the extent the Service provides access to any online software, applications or other similar components, Momento Market grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the online platform provided by Momento Market.
  5. Momento Market makes available iOS and Android Mobile Apps for access to and use of the Service. Your access and use of our Mobile Apps is subject to these Terms and any applicable end user license agreement for the Mobile App.
  6. All rights granted to you under this TOS, and all products and services made available to you through the Service, are subject to your compliance with the TOS in all material respects.
  1. INTELLECTUAL PROPERTY RIGHTS

You hereby undertake that you will not, nor permit any third party without our or our licensors prior written consent to the following:

  1. Modify or copy any information or assets within the Services, including but not limited to its shapes, designs, drawings, attributes, or color schemes, text, graphics, photos trademarks, trade names, logos and characters;
  2. Use our or any or third-party IP (as defined below) to advertise, market, or sell any product or service;
  3. Make derivatives of our Service or the information or assets therein for any reason, including for commercialization purposes;
  4. Apply for, register, or otherwise use or attempt to use any of the intellectual property rights held by Momento Market or any third-party licensee, including but not limited to trademarks or service marks or any confusingly similar marks, anywhere in the world; and/or
  5. Use, sell, distribute or in any way make available for your own or any third party’s commercial gain or otherwise commercialize any item or service that includes, contains, or consists of our IP (as defined below) or third-party IP included in the Service.

For the purposes hereof, “IP” and “third-party IP” shall refer to, whether registered or unregistered, any rights in copyright, designs, artistic rights, patents, trademarks, trade names, logos and characters domain names, trade secrets, know-how, database rights, circuit layout rights and all other similar proprietary rights and all extensions and renewals of them anywhere in the world recognized currently or in the future, which are the exclusive property of Momento, our licensors, or any other third parties and are included in or associated with the Service or any element of the Service. 

If you elect to provide or make available to Momento Market any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), you hereby grant Momento Market and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made your suggestions (in any form and any medium, whether now known or later developed), without credit or compensation to you.

  1. YOUR ACKNOWLEDGEMENTS / LIMITED RIGHTS

Any item you access through us contains certain of our and/or our licensors’ or other third party’s IP, and you hereby agree that:

  1. You do not have the right to use such IP or third-party IP in any way except as expressly set forth in this TOS, subject to the license and restrictions contained herein;
  2. Momento reserves every right to restrict your ability to use the Service or any element therein in any way as may be necessary to protect our rights, our IP and the rights of our licensors and any third-party IP rights holder; and
  3. To the extent that we inform you of such additional restrictions, which notice shall not be required, you will be responsible for complying with all such restrictions immediately and a failure to do so will be deemed a breach of the license granted herein.  Notwithstanding the foregoing we reserve all rights to enforce our rights retroactively and notice shall not be required in any way as a precondition to your compliance with our Terms.
  1. ACCOUNT REGISTRATION
    1. In registering an account for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself; and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Momento Market reasonably suspects that you have done so, Momento Market may suspend or terminate your account.
    2. You may not share or transfer your account or password with anyone. You are fully responsible for all activities that occur under your account and for any unauthorized use or access to your account, including in the event of property loss as a result thereof. You agree to notify Momento Market immediately of any unauthorized use of your account or password or any other similar breach of security.
    3. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
  2. PROHIBITED CONDUCT

In connection with your access to or use of the Service, you shall not:

  1. Fail to pay for Services purchased by you;
  2. Upload, post, email, transmit or otherwise make available any content that: (i) is false, inaccurate, misleading, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
  3. Act in a manner that negatively affects the ability of other users to access or use the Service;
  4. Take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
  5. Interfere with or disrupt the Service or servers or networks connected to the Service, circumvent any technical measures we use to provide the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  6. Export or re-export any application or tools in violation of these Terms, and regardless at all times subject to the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  7. Use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service; substantially download, reproduce or archive any portion of the Service;
  8. Sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including your user account and password;  
  9. Harvest or otherwise collect information about users, such as email addresses, without their consent;
  10. Breach or circumvent any laws, third-party rights or our systems or policies; or
  11. Violate any applicable local, state, provincial, federal or international law or regulation.
  1. DEALINGS WITH THIRD PARTIES ON OUR SERVICE

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that Momento Market shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

  1. EXTERNAL MATERIALS

The Service or users of the Service may provide links or other connections to other websites or resources. You acknowledge and agree that Momento Market does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that Momento Market shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

  1. MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any portion thereof) with or without notice, and Momento Market shall not be liable to you or any third party for any such modification or discontinuance.

  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MOMENTO, ITS PARENTS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AND SPONSORS, AND THEIR RESPECTIVE EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES (“INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LITIGATION, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, TAXES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF LITIGATION), AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (A) PERSONAL INJURY, BODILY INJURY (INCLUDING FATAL INJURY TO), OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO A SELLER’S PROPERTY) (B) ANY BREACH OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO MOMENTO; (C) ANY TRANSMITTED INFORMATION, INCLUDING WITHOUT LIMITATION ANY ALLEGATION THAT ANY INFORMATION YOU SUBMIT OR TRANSMIT TO OR THROUGH THE PLATFORM INFRINGES ON OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; (C) ANY FEDERAL, STATE, OR COUNTY TAX OBLIGATION OR AMOUNTS DUE OR OWING UNDER ANY TAX REGULATION, LAW, ORDER, OR DECREE OR ANY DISPUTE CONCERNING THE TAX STATUS OF MOMENTO; (D) YOUR ACTIVITIES IN CONNECTION WITH THE USE OF THE PLATFORM (INCLUDING ANY MISUSE, UNAUTHORIZED USE, OR NEGLIGENT USE THEREOF); (E) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY END USERS OF THE SERVICES; (F) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; AND/OR (G) ANY DISPUTES OR CLAIMS BETWEEN YOU AND ANY OTHER USER. MOMENTO RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH MOMENTO IN ASSERTING ANY AVAILABLE DEFENSES.

  1. LIMITATION OF TYPES AND AMOUNTS OF LIABILITY 
  1. EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, NEITHER MOMENTO NOR ANY OTHER “INDEMNIFIED PARTY” ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, THE MATERIALS ON THE PLATFORM, OR ANY SERVICE OBTAINED THROUGH THE PLATFORM.
  2. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MOMENTO AND ANY OTHER “INDEMNIFIED PARTY” SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY ACTION OF ANOTHER USER OF THE PLATFORM; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MOMENTO; (C) ANY UNAUTHORIZED ACCESS; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; AND/OR (F) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM).
  3. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, MOMENTO’S AGGREGATE LIABILITY TO YOU AND TO ANY THIRD PARTY RELATING TO THIS AGREEMENT (INCLUDING ANY USAGE BY YOU OF THE PLATFORM OR ANY TRANSACTIONS CONDUCTED BY YOU THROUGH THE PLATFORM) SHALL BE LIMITED TO THE GREATER OF (A) $100 AND (B) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, EVENT, OR OCCURRENCE GIVING RISE TO THE LIABILITY CLAIM. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS.
  4. EXCEPT FOR MOMENTO’S OBLIGATIONS WITH RESPECT TO YOUR PERSONAL INFORMATION AS SET FORTH IN MOMENTO’S PRIVACY POLICY, MOMENTO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS.
  5. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOMENTO AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH OF THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOMENTO THROUGH THE PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
  6. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT MOMENTO IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MOMENTO LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 
  7. NO LIABILITY FOR CONDUCT OF OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT MOMENTO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM. 
  1. SUSPENSION AND TERMINATION
    1. Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids and take any other legal or technical steps to keep you from using our Services if:
  1. If you violate the TOS, all rights granted to you under the TOS will terminate immediately, with or without notice to you.
  2. Upon termination of the TOS for any reason: (i) Momento Market, in its sole discretion, may terminate your account and remove your information; (ii) stop providing any digital services; (iii) cease providing ongoing authentication services.  Any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.
  1. DISCLAIMERS OF WARRANTIES 
  1. Momento shall use commercially reasonable efforts to provide continuous access to the Platform pursuant to this Agreement. Momento does not guarantee that the Platform will be accessible at all times. The Platform may be unavailable during maintenance periods or during any emergency. In addition to normal maintenance, there may be events that will make the Platform inaccessible for a limited amount of time due to unforeseen circumstances. Momento reserves the right to change your password if Momento believes it is not secure. Momento has the right to refuse access to the Platform. Momento has the right to cease offering the Platform (or any portion thereof) at any time and in Momento’s sole discretion.
  2. NO WARRANTIES. EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, THE PLATFORM, THE MATERIALS CONTAINED ON OR IN THE PLATFORM, AND ANY SERVICE OBTAINED THROUGH THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOMENTO DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE MATERIALS, AND ANY SERVICE OBTAINED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. MOMENTO DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE THEREON. YOUR USE OF THE PLATFORM AND ANY MATERIALS PROVIDED THROUGH THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  1. DISPUTES

If any claim, cause of action, controversy, proceeding, or other dispute arises between you and Momento relating to this Agreement or the Platform (a “Dispute”), you agree to first give notice to Momento and engage in good faith negotiations to attempt to resolve any such Dispute for at least 14 days, except that you or Momento may skip this informal negotiation procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights.

  1. INTERNATIONAL USERS AND LEGAL COMPLIANCE

Momento can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Momento intends to announce such Services in your country. Momento’s marketplace is controlled and offered by Momento from its facilities in the United States of America. Momento makes no representations that Momento is appropriate or available for use in other locations. Those who access or use Momento from other countries do so at their own volition and are responsible for compliance with local law.

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

  1. ARBITRATION

THIS SECTION TITLED “ARBITRATION” SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND MOMENTO. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MOMENTO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. INFORMAL DISPUTE RESOLUTION. YOU AGREE TO GIVE MOMENTO AN OPPORTUNITY TO RESOLVE ANY DISPUTES INFORMALLY BY SENDING MOMENTO WRITTEN NOTICE. IF YOU ASSERT A DISPUTE AGAINST MOMENTO, YOU WILL FIRST CONTACT MOMENTO BY SENDING WRITTEN NOTICE (“CLAIMANT NOTICE”) TO HELP@ACMOMENTO.COM. THE CLAIMANT NOTICE MUST (I) INCLUDE YOUR NAME, ADDRESS, USER NAME (IF ANY), EMAIL ADDRESS YOU USED TO SET UP YOUR ACCOUNT (IF ANY), AND TELEPHONE NUMBER; (II) DESCRIBE THE NATURE AND BASIS OF THE DISPUTE; AND (III) SET FORTH THE SPECIFIC RELIEF SOUGHT.

YOU AGREE TO GIVE MOMENTO AN OPPORTUNITY TO RESOLVE ANY DISPUTE THROUGH AN INFORMAL DISPUTE RESOLUTION PROCESS WITHIN SIXTY (60) DAYS AFTER RECEIPT OF A CLAIMANT NOTICE. IF WE CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN SIXTY (60) DAYS AFTER EMAIL RECEIPT OF A CLAIMANT NOTICE, THEN YOU SHALL HAVE THE RIGHT TO SUBMIT THE DISPUTE TO BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS SET FORTH BELOW. THE STATUTE OF LIMITATIONS AND ANY FILING FEE DEADLINES SHALL BE TOLLED FOR SIXTY (60) DAYS FROM THE DATE THAT EITHER YOU OR MOMENTO RECEIVE A CLAIMANT OR MOMENTO NOTICE SO THAT THE PARTIES CAN ENGAGE IN THIS INFORMAL DISPUTE RESOLUTION PROCESS.

  1. APPLICABILITY OF ARBITRATION AGREEMENT: SUBJECT TO SECTION 23(A), YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE MOMENTO, TO ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE MOMENTO, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH MOMENTO, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT (A) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY; AND (B) YOU OR MOMENTO MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS, COPYRIGHTS, AND PATENTS). THIS ARBITRATION AGREEMENT SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT OR ANY PRIOR VERSION OF THESE TERMS.
  2. ARBITRATION RULES AND FORUM: SUBJECT TO SECTION 23(A), THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. THE ARBITRATION WILL BE CONDUCTED BY JAMS, AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER. DISPUTES INVOLVING CLAIMS AND COUNTERCLAIMS UNDER $250,000, NOT INCLUSIVE OF ATTORNEYS’ FEES AND INTEREST, SHALL BE SUBJECT TO JAMS’S MOST CURRENT VERSION OF THE STREAMLINED ARBITRATION RULES AND PROCEDURES AVAILABLE AT HTTP://WWW.JAMSADR.COM/RULES-STREAMLINED-ARBITRATION/; ALL OTHER CLAIMS SHALL BE SUBJECT TO JAMS’S MOST CURRENT VERSION OF THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AVAILABLE AT HTTP://WWW.JAMSADR.COM/RULES-COMPREHENSIVE-ARBITRATION/. JAMS’S RULES ARE ALSO AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT 800-352-5267. IF JAMS IS NOT AVAILABLE TO ARBITRATE, THE PARTIES WILL SELECT AN ALTERNATIVE ARBITRAL FORUM. IF THE ARBITRATOR FINDS THAT YOU CANNOT AFFORD TO PAY JAMS’S FILING, ADMINISTRATIVE, HEARING AND/OR OTHER FEES AND CANNOT OBTAIN A WAIVER FROM JAMS, MOMENTO WILL PAY THEM FOR YOU. IN ADDITION, MOMENTO WILL REIMBURSE ALL SUCH JAMS’S FILING, ADMINISTRATIVE, HEARING AND/OR OTHER FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN THE COUNTRY WHERE YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
  3. AUTHORITY OF ARBITRATOR: SUBJECT TO SECTION 23(A), THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO (A) DETERMINE THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT AND (B) RESOLVE ANY DISPUTE RELATED TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS ARBITRATION AGREEMENT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE. THE ARBITRATION WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND MOMENTO. THE ARBITRATION PROCEEDING WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE ARBITRAL FORUM’S RULES, AND THIS AGREEMENT (INCLUDING THE ARBITRATION AGREEMENT). THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD AND STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED, INCLUDING THE CALCULATION OF ANY DAMAGES AWARDED. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. THE AWARD OF THE ARBITRATOR IS FINAL AND BINDING UPON YOU AND US.
  4. WAIVER OF JURY TRIAL: YOU AND MOMENTO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND MOMENTO ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCESS AND, WHERE APPLICABLE, ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 23(B) ABOVE. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THIS AGREEMENT AS A COURT WOULD. HOWEVER, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.
  5. WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. IF A DECISION IS ISSUED STATING THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SUBSECTION’S LIMITATIONS AS TO A GIVEN CLAIM FOR RELIEF, THAN THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK. ALL OTHER CLAIMS SHALL BE ARBITRATED.
  6. 30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: MOMENTO LEGAL DEPARTMENT, 225 W 34TH STREET #1708, NEW YORK, NY 10122, WITHIN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS, YOUR MOMENTO USERNAME (IF ANY), THE EMAIL ADDRESS YOU USED TO SET UP YOUR MOMENTO ACCOUNT (IF YOU HAVE ONE), AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH US.
  7. SEVERABILITY: EXCEPT AS PROVIDED IN SECTION 23(F), IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND UNDER THE LAW TO BE INVALID OR UNENFORCEABLE, THEN SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
  8. SURVIVAL OF AGREEMENT: THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH MOMENTO.
  9. MODIFICATION: NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, WE AGREE THAT IF MOMENTO MAKES ANY FUTURE MATERIAL CHANGE TO THIS ARBITRATION AGREEMENT, YOU MAY REJECT THAT CHANGE WITHIN THIRTY (30) DAYS OF SUCH CHANGE BECOMING EFFECTIVE BY WRITING MOMENTO AT THE FOLLOWING ADDRESS: MOMENTO LEGAL DEPARTMENT, 225 W 34TH STREET #1708, NEW YORK, NY 10122.
  1. COPYRIGHT INFRINGEMENT NOTICE PROCEDURES

It is Momento Market’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Momento Market will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Momento Market’s Designated Copyright Agent, identified below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Momento Market’s Designated Copyright Agent. Upon receipt of the Notice as described below, Momento Market will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform. If Momento Market removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. Momento Market may also send a complete copy of the Notice to users where appropriate. You can submit a Notice by sending the following information to our Designated Copyright Agent:

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify (A) the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and (B) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: 

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Provide your full legal name and your electronic or physical signature. If the work you identified is an image, you can ask Momento Market to remove all copies of the image identified in your request by clearly specifying in the beginning of your email that you are requesting that Momento Market “remove all User Content containing the image”. Please note that only identical copies of the image file can be removed by this function. If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function. Deliver this Notice, with all items completed, to Momento Market’s Designated Copyright Agent:

Agent for Notice of Copyright Claims

Copyright Agent
Momento Market, Inc.

225 W 34TH STREET #1708

NEW YORK, NY 10122
Email: copyright@acmomento.com

Note: This email address should only be used for copyright complaints. If you need to contact Momento Market for any other reason, please email us at help@acmomento.com. If you receive a notification that your User Content has been removed due a copyright complaint, it means that the User Content has been deleted from Momento Market at the request of the content’s owner. If you want us to forward the information from the Copyright Complaint notification, contact us at copyright@acmomento.com and we will provide you with this information (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to submit User Content on Momento Market, and your account may be disabled completely. If you believe User Content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account’s record. Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error and understand the repercussions of submitting a false claim. How to File a Counter-Notice:

  1. Momento Market is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, MLS, NWSL, Premier League, UEFA, or FIFA nor any NBA, NFL, MLB, NHL, MLS, NWSL, Premier League, UEFA, or FIFA team. All product and company names that can be seen herein are trademarks or registered trademarks of their respective holders and are not otherwise associated with Momento Market.
  1. GENERAL PROVISIONS

This TOS (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Momento Market, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each section of this Agreement is for reference purposes only and in no way defines, limits, construes, or describes the scope or extent of such section. Momento Market shall not be in breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its obligations by reason of any cause beyond Momento Market’s reasonable control, including, without limitation, acts of nature, war, natural disaster, governmental regulations or any executive, administrative or judicial order, terrorism, communication or utility failures or casualties, the failures or acts of third parties, fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or communications system, or any other similar cause.

  1. GOVERNING LAW

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

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