In Search Of, Inc

Pilot Terms for B2B User-Hosted Marketplace

Last Updated Date: 11/07/2024

These Pilot Terms (the “Pilot Terms”) in addition to the In Search Of Terms of Service (the “In Search Of Terms”) and, together with the Pilot Terms, the or this “Agreement”), are Supplemental Terms and govern your rights and responsibilities related to your use of the Pilot Services described herein. Capitalized words used but not defined in these Pilot Terms have the meaning set forth in the In Search Of Terms.

By using the Pilot Services, you agree that you have read, understand, and agree to be bound by these Pilot Terms, which, together with the underlying In Search Of Terms, constitute a legally binding contract. If you are accepting these Pilot Terms and using the Pilot Services on behalf of a company, partnership, organization, sole proprietorship or other legal entity (a “Business”), you represent and warrant that you (i) are authorized to do so and (ii) have the authority to bind such Business to these Pilot Terms, in which case the words “you” and “your” as used in the Agreement shall refer to such Business. If you do not agree to these Pilot Terms, or do not have the authorization and authority referred to above, then you are not allowed to use the Marketplace Host Services.

ANY AGREEMENT YOU ENTER INTO WITH ANY OTHER USER, WHETHER IN CONNECTION WITH A TRANSACTION WITHIN OR OUTSIDE OF THE SERVICES, IS SOLELY BETWEEN YOU AND SUCH USER, AND IN SEARCH OF IS NOT AND SHALL NOT BE A PARTY THERETO.

The following Pilot Services are currently available:

  1. B2B User-Hosted Marketplace. Some User-Hosted Marketplaces may enable Sellers that are Businesses and have purchased a Community Subscription to such B2B Marketplace (“B2B Sellers”) to only describe, but not offer for sale or sell, items or services on or through such Marketplace (a “B2B Marketplace”) to users that are Businesses (“B2B Customers”). Any item or service described on a B2B Marketplace is not a Listing, will not be available for purchase via the Services, and B2B Seller and B2B Customer will complete the transaction for any such item or service described on a B2B Marketplace outside of the Services.

  2. Additional Terms Applicable to B2B Sellers. In addition to and without limiting the terms applicable to Sellers set forth elsewhere in the Agreement, the following terms in this subsection shall apply to you as a B2B Seller. As a B2B Seller, you will include a description within the B2B Marketplace of the items or services available for purchase outside of the Services and provide a link directly to a customer information intake form or other lead generation capture method available on your own website outside of the Services. You agree to disclose any restrictions or requirements, whether imposed by applicable law or otherwise, that apply (for example, age limitations, locations such items or services cannot be shipped to or provided, etc.) and to provide any other information that is requested by In Search Of about the items or services or that is required to accurately describe the items or services. You represent and warrant that you are qualified to offer or provide such items or services and that they will be of the stated quality and conform to the information you provided in the B2B Marketplace. You represent and warrant that as a B2B Seller, you will not make describe any item of service on a B2B Marketplace that: (a) you do not own or have the applicable right or license to sell; or (b) you otherwise are prohibited by applicable law (whether at the local, state or federal level) or our then-current acceptable use policy from selling or offering for sale.

  3. Relationship Between B2B Buyer and B2B Customer. The actual contract for provision of any item or service listed on a B2B Marketplace is directly between the B2B Seller and B2B Customer of that item or service. All matters concerning the items or services desired from a B2B Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the B2B Customer and the B2B Seller. Any legal claim relating to an item or service purchased by B2B Customer must be filed directly against the item or service’s B2B Seller. You release In Search Of from any and all claims relating to items or services described on the Services, such as for defective items, misrepresentations by Sellers, or items or services that caused physical injury (like product liability claims). We do not investigate nor make any representations about any B2B Seller’s ability or eligibility to sell or offer to sell, nor any B2B Customer’s ability or eligibility to purchase, any item or service.