TERMS OF USE
Last Updated: February 19, 2026
Welcome to Shop North Dakota, operated by Member Marketplace, Inc. (the “Company” or “Marketplace”).
By accessing the Marketplace application or its website located at shopnd.com, whether through a mobile device, mobile application, or computer (collectively, the “Service”), you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Marketplace account.
Your use of the Service is also subject to the Marketplace Privacy Policy and any applicable Buyer or Seller policies, which are incorporated into this Agreement by reference. If you do not agree to all terms, you may not use the Service.
1. Acceptance of Terms
This Agreement is a legally binding electronic contract governing your use of the Service. By accessing or using the Service, you agree to these Terms and consent to receive notices electronically.
The Company may update these Terms at any time by posting revised Terms on the Service. Continued use of the Service after changes constitutes acceptance of the updated Terms.
2. Eligibility and Lawful Use
You represent and warrant that:
• You have the legal authority and capacity to enter into this Agreement
• All information you submit is accurate and kept current
• Your use of the Service complies with all applicable laws
If you access the Service from outside the United States, you are responsible for compliance with local laws.
3. Accounts, Termination, and Data Retention
This Agreement remains in effect while you use the Service.
The Company may suspend or terminate accounts at its sole discretion, with or without notice, including for violations of these Terms or to protect the integrity of the marketplace.
Business accounts may be cancelled by emailing info@shopnd.com. Closing an account removes listings from public view. Sellers are responsible for exporting their records prior to closure.
The Company may retain transactional, financial, or operational records as required for legal, tax, fraud prevention, security, or system integrity purposes.
4. Seller Eligibility and Marketplace Criteria
All businesses wishing to sell on Shop North Dakota must:
• Maintain a physical presence in North Dakota, including a storefront or home-based business
• Sell products or services directly associated with their business brand
• Complete registration and receive approval before listing items
The Company reserves the right to approve, deny, suspend, or remove any business or listing at its discretion.
5. Prohibited and Restricted Products
The following may not be listed or sold on the Marketplace:
• Weapons, hazardous materials, or recalled items
• Illegal products or drug-related items
• Pornographic or explicit material
• Hate, violence-promoting, or discriminatory items
• Live animals
• Third-party resale or direct-sales brand products not owned by the Seller
• Overtly political campaign merchandise
• Any items restricted by payment processors or applicable law
The Company may remove any listing that violates these Terms or harms the marketplace.
6. Payment Processing
Payment processing services for transactions conducted through the Service are provided by third-party providers such as Stripe or PayPal. The Company is not responsible for errors, service interruptions, account holds, payment disputes, or delays caused by such providers. Sellers agree to comply with the applicable terms of the payment processor they choose to use.
Stripe is the preferred payment provider and may be required for transactions above certain thresholds. Sellers offering items with higher price points may be required to connect to Stripe to receive payouts at the time of purchase. Sellers offering lower-priced items may be permitted to use alternative payment methods such as PayPal, which may include additional per-order processing charges.
Payment requirements, thresholds, fees, and available payout methods are subject to change at the Company’s discretion with reasonable notice.
7. Taxes and Reporting
Marketplace facilitator laws may require the Service to collect and remit sales tax in certain jurisdictions. Where applicable, the Service may calculate, collect, and remit sales tax on behalf of Sellers in accordance with those laws. Sellers remain responsible for ensuring their tax information, product classifications, and reporting obligations are accurate and compliant with all applicable tax laws.
Sellers may receive IRS Form 1099-K from payment processors where applicable.
8. Account Security
You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.
The Company is not liable for losses resulting from unauthorized account access due to user negligence or third-party breaches.
9. Marketplace Role; Transactions Between Users
The Service functions solely as a technology platform connecting independent businesses (“Sellers”) and customers.
Except where explicitly stated, the Company:
• Is not the seller of goods or services
• Does not take title to products
• Does not manufacture, store, or inspect items
• Does not guarantee product quality, legality, safety, or delivery
Sellers are solely responsible for listings, pricing, fulfillment, shipping, returns, warranties, and regulatory compliance.
Transactions occur directly between buyers and Sellers. Disputes must be addressed with the Seller, though the Company may assist in communication at its discretion.
To the fullest extent permitted by law, the Company shall not be liable for claims relating to defective products, fulfillment issues, shipping delays, or misrepresentations.
SELLER RESPONSIBILITIES AND MARKETPLACE STANDARDS
By registering as a seller or listing products or services on the Service, you agree to the following responsibilities and standards, which are material conditions of participation.
Seller Performance Obligations
Sellers agree to maintain accurate listings, fulfill orders within stated timelines, respond to customers, honor return policies, and provide goods or services consistent with their representations.
Repeated failure to meet these standards may result in suspension or removal.
Compliance Warranty
Sellers represent that their products are lawful, safe, properly labeled, and compliant with applicable regulations, and that they hold all necessary licenses or permits.
Product Liability Responsibility
Sellers are solely responsible for product safety, defects, regulatory compliance, and any damages arising from their goods or services. The Company does not manufacture, inspect, or certify products.
Chargebacks and Payment Disputes
Sellers are responsible for disputes, refunds, and chargebacks related to their transactions. The Company may recover disputed amounts or associated costs from future payouts where permitted by law.
Marketplace Integrity
The Company may suspend sellers or listings in cases of excessive complaints, inaccurate listings, regulatory concerns, or conduct that harms marketplace trust.
Future Fees
The Company may introduce commissions, subscription tiers, or service fees upon reasonable notice. Continued use constitutes acceptance.
Promotional Use of Seller Content
Sellers grant the Company the right to use their business name, logo, and listings to promote the Marketplace.
Independent Seller Status
Sellers are independent businesses. Nothing in this Agreement creates an employment, agency, or partnership relationship with the Company.
10. Partner Organizations
Shop North Dakota may be promoted in collaboration with SBDCs, economic development organizations, chambers, or other community partners (“Partner Organizations”).
Partner Organizations do not control the Service, listings, or transactions and are not sellers of goods or services.
Member Marketplace, Inc. solely operates the platform.
11. Intellectual Property and Data Use
The Company owns the Service and platform technology.
By posting content, you grant the Company a non-exclusive license to use it to operate and promote the Marketplace.
The Company may use aggregated or anonymized data to improve the Service.
12. Copyright Policy
The Company complies with the Digital Millennium Copyright Act and may remove infringing content.
Copyright notices may be sent to:
Copyright Compliance – DMCA Agent
Member Marketplace, Inc.
PO Box 1008
Marion, IA 52302
Email: CopyrightCompliance@membermarketplaceinc.com
13. Service Changes
The Company may modify, suspend, or discontinue the Service or features at any time.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
THE COMPANY DISCLAIMS ALL WARRANTIES.
15. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
TOTAL LIABILITY SHALL NOT EXCEED AMOUNTS PAID IN THE PRIOR 12 MONTHS.
Any claim must be brought within one year.
16. Indemnification
You agree to indemnify the Company from claims arising from your use, listings, or violations of law.
17. Governing Law
This Agreement is governed by the laws of the State of Iowa. Disputes shall be resolved in Linn County, Iowa.
18. Entire Agreement
These Terms, together with the Privacy Policy and posted policies, constitute the entire agreement governing use of the Service.
