Terms of Service

Last Updated: January 5, 2026

1. Acceptance of Terms

By using Market Express services, you agree to these Terms. If you do not agree, you may not use our services.

2. Services

Market Express provides:

  • Coordination of US LLC formation and registered agent services (Nevada)
  • Coordination of EIN acquisition and US bank account setup
  • Warehouse storage and inventory management
  • Order fulfillment and shipping
  • US business phone and email services
  • Customer service support

3. Retail-Ready Goods Requirement

All goods must arrive at Market Express facilities in retail-ready, shippable packaging.

Market Express does NOT perform:

  • Assembly or kitting
  • Product labeling or relabeling
  • Product modification or customization
  • Quality inspection or testing
  • Repackaging or bundling
  • Any value-added processing

Goods requiring preparation, assembly, or processing will be refused or returned at Vendor's expense.

Packaging Requirements: All packages must have a minimum 4"×6" clear space on the outer packaging for affixing shipping labels. Market Express will affix carrier shipping labels as part of normal fulfillment operations; "product labeling" refers to product identification, branding, and regulatory labels which are Vendor's responsibility.

Shipping Box Provision: Market Express does NOT provide outer shipping cartons for products. Products not in retail-ready packaging must fit into standard USPS, FedEx, or UPS shipping boxes. Vendors must either: (a) ship products pre-packaged in retail-ready packaging, OR (b) ship products in boxes suitable for direct carrier shipment.

4. Storage Allocation and Warehouse Operations

Vendor is allocated storage capacity as specified in their membership agreement (standard allocation is 3 EURO1 pallet positions, approximately 126 cubic feet total). Market Express retains sole discretion over storage locations, warehouse organization, and operational methods.

Vendor's goods may be relocated within Market Express facilities at any time without notice. Market Express does not guarantee specific storage locations, rack positions, or warehouse zones. Additional storage beyond the allocated amount is available at $3.00 per cubic foot per month.

5. Third-Party Service Providers

Certain benefits included with Market Express membership are performed by independent third-party service providers (“Service Partners”) under Market Express coordination. These services may include, but are not limited to:

  • US business entity formation (LLC, Corporation)
  • Employer Identification Number (EIN) registration
  • US business banking account setup
  • Registered agent services
  • Tax preparation and filing assistance
  • Customs brokerage and import services

Relationship with Service Partners

Market Express selects, vets, and coordinates with Service Partners to ensure quality and reliability. However, Service Partners are independent contractors, not employees or agents of Market Express. When you utilize a Service Partner benefit, you are contracting directly with that Service Partner and are bound by their terms of service.

No Professional Advice

Market Express does not provide legal, tax, accounting, or financial advice. Service Partners offering such services are independently licensed professionals responsible for their own work product. Market Express makes no representations regarding the legal or tax implications of any business decisions you make, including entity formation.

Limitation of Liability for Service Partners

Market Express is not liable for any acts, omissions, errors, or negligence of Service Partners. Any disputes arising from services performed by a Service Partner must be resolved directly with that Service Partner. Your sole remedy against Market Express for dissatisfaction with a Service Partner is termination of your membership in accordance with our refund policy.

Service Availability

Service Partner availability and specific offerings may change without notice. Market Express reserves the right to substitute Service Partners providing substantially similar services.

6. Vendor Eligibility

Vendors must manufacture, integrate, or add demonstrable value to products. Pure resellers, dropshippers, and arbitrage sellers are not eligible.

7. Pricing

Annual membership is $30,000/year for 1-year commitment or $24,000/year for 2-year commitment, paid upfront. Membership includes $125,000 in annual GMV. Sales above $125,000 are charged at 10% of GMV. Payment due within 15 days of invoice.

8. Contract Term

Initial contracts are for two (2) years. Early termination fees apply. Either party may terminate with 90 days notice after initial term.

9. Web Services - Cancellation and Refund Policy

9.1 Contract Terms for Web Services

Web services (Basic Business Webpage, Medium Business Web Presence, and Advanced Business Web Presence) require a two (2) year maintenance commitment following the initial setup period. Maintenance fees are billed annually in advance.

9.2 Payment Schedule

Basic Business Webpage:

  • Setup Fee: $2,000 (due at contract signing)
  • Year 1 Maintenance: $2,400 (billed with setup fee, total: $4,400)
  • Year 2 Maintenance: $2,400 (billed on 1-year anniversary)

Medium Business Web Presence:

  • Setup Fee: $6,000 (due at contract signing)
  • Year 1 Maintenance: $7,200 (billed with setup fee, total: $13,200)
  • Year 2 Maintenance: $7,200 (billed on 1-year anniversary)

Advanced Business Web Presence:

  • Setup Fee: $12,000 (due at contract signing)
  • Year 1 Maintenance: $14,400 (billed with setup fee, total: $26,400)
  • Year 2 Maintenance: $14,400 (billed on 1-year anniversary)

9.3 Cancellation Policy - NO REFUND FOR CURRENT YEAR

Important: If you cancel your web services contract before the end of the 2-year commitment, there is NO REFUND for the current annual maintenance period.

Annual maintenance fees are paid in advance and are non-refundable once the annual period has commenced, regardless of when cancellation occurs within that year.

9.4 Post-Commitment Terms

After the initial 2-year commitment ends, web services continue on a year-to-year basis at the same annual maintenance rate. Either party may cancel with sixty (60) days written notice prior to the next annual billing date.

9.5 Service Termination Upon Cancellation

Upon cancellation (whether during or after the 2-year commitment), Market Express will:

  • Continue hosting and maintenance through the end of the current paid annual period
  • Provide full data export (database, content, customer data) in standard formats
  • Provide website source code in escrow (for continuity purposes)
  • Disconnect website from production hosting on final day of paid period

9.6 Data Export and Migration

Customer owns all content, branding, and customer data. Upon cancellation, Market Express will provide exports in the following formats:

  • Database: MySQL/PostgreSQL dump or CSV export
  • Content: Markdown or HTML files for all pages
  • Media: ZIP archive of all uploaded images and documents
  • Code: GitHub repository access or ZIP archive (for business continuity)

Customer is responsible for arranging alternative hosting and migration. Market Express will provide reasonable assistance (billed at $150/hour if beyond data export).

9.7 Intellectual Property

Customer Owns: All content, branding, customer data, images, and business information.

Market Express Owns: The Next.js application code, component library, infrastructure configuration, and proprietary systems. Code is provided in escrow for customer's business continuity but remains Market Express intellectual property. Customer receives a perpetual, non-exclusive license to use the code for their own website.

9.8 Domain Ownership

Customer owns their domain name. If Market Express assisted with domain registration, customer retains full ownership and registrar access. Upon cancellation, customer must update DNS records to point to new hosting provider.

10. Limitation of Liability

Market Express liability for warehouse storage is limited to $0.50 per pound or declared value, whichever is less. Total liability shall not exceed fees paid in the preceding 12 months. Market Express is not liable for indirect, consequential, or punitive damages.

11. Intellectual Property

Vendors retain all rights to their products and trademarks. Market Express retains rights to its platform, processes, and proprietary systems.

12. Compliance

Vendors are responsible for ensuring their products comply with all applicable US laws, regulations, and import requirements including customs, FDA, FCC, and product safety standards. Vendor is solely responsible for all tax obligations arising from their business activities, including but not limited to income tax, sales tax nexus determinations, and any filings required in their home country.

13. Prohibited Goods

Market Express will not store or ship:

  • Controlled substances or drug paraphernalia
  • Weapons, ammunition, or explosives
  • Hazardous materials (except approved lithium-ion batteries)
  • Counterfeit or infringing products
  • Products prohibited by US import regulations
  • Perishable goods requiring refrigeration
  • Live animals or plants

14. Indemnification

Vendor agrees to indemnify, defend, and hold harmless Market Express, its officers, directors, employees, and Service Partners from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) Vendor's products; (b) Vendor's breach of these Terms; (c) Vendor's violation of any law or third-party rights; or (d) any tax liability arising from Vendor's business activities.

15. Governing Law

These Terms are governed by Nevada law. Disputes shall be resolved through binding arbitration in Las Vegas, Nevada under AAA Commercial Arbitration Rules.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact

Legal inquiries: legal@marketexpress.us | Phone: +1 (725) 281-8660