Terms of Service
Effective as of August 20, 2024
- Introduction
– Welcome to SHXLVES.com. This website is owned and operated by [Your Name], a sole proprietorship based in Atlanta, Georgia (“Company”, “we”, “us”, or “our”). SHXLVES.com (the “Site”) is a platform designed exclusively for store owners to advertise items for sale that are available at their physical locations. The Site serves solely as an informational platform, and no transactions or payments are processed through the Site. By accessing or using our Site, you (“User”, “you”, or “your”) agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must discontinue your use of the Site immediately. - Â Eligibility
– User Eligibility: By using SHXLVES.com, you represent and warrant that you are at least 18 years of age. You also agree that you will not use the Site if you are barred from doing so under any applicable law. If you are accessing the Site on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. - Account Registration
– Account Creation: To access certain features of the Site, you must register for an account. During the registration process, you agree to provide accurate, current, and complete information and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
– Account Security: You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account information. - Prohibited Activities
– User Conduct: You agree not to engage in any of the following prohibited activities:
– Posting, transmitting, or sharing any content that is illegal, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, or otherwise objectionable.
– Engaging in spamming, phishing, or other fraudulent activities.
– Using the Site to post, distribute, or promote any illegal items or services.
– Violating any laws, regulations, or third-party rights.
– Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
– Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
– Attempting to gain unauthorized access to the Site, other User accounts, or computer systems or networks connected to the Site through hacking, password mining, or any other means. - Marketplace Rules
– Seller Eligibility: Only verified store owners may post items for sale on SHXLVES.com. You must ensure that your listings are accurate, complete, and not misleading. Items listed must be legal to sell and available for purchase at your physical store.
– Listing Approval: All listings submitted to SHXLVES.com are subject to review and approval by our admin team. We reserve the right to reject, remove, or modify any listing that violates these Terms or our policies.
– Listing Duration: Listings are valid for seven (7) days from the date of approval. You may repost your listing after the seven-day period if the item is still available. Each store may have up to ten (10) active listings at any given time.
– No Transactions on Site: SHXLVES.com does not facilitate transactions or payments between buyers and sellers. All payments, communications, and transactions must be conducted offline and independently of the Site. SHXLVES.com is not responsible for any issues related to payment, delivery, or completion of the transaction, as we are not involved in any transactional process. - Fees and Payments
– Service Fees: SHXLVES.com does not currently charge fees for creating an account or posting listings. However, we reserve the right to introduce fees for certain features or services in the future. You will be notified of any such changes and given the opportunity to opt-out or discontinue your use of the Site before any fees are incurred.
– Third-Party Fees: You are responsible for any fees or charges incurred from third-party service providers (e.g., payment processors) related to transactions initiated through the Site. - Intellectual Property
– Content Ownership: You retain ownership of all content that you submit, post, or display on or through SHXLVES.com (“User Content”). By posting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, distribute, modify, and create derivative works of your User Content in connection with the operation of the Site and our business, including for promotional purposes.
– Prohibited Use of Content: You agree not to copy, distribute, modify, or create derivative works of any content available on SHXLVES.com, except as expressly permitted by these Terms or by the copyright owner.
– Site Content: All content, including text, graphics, logos, icons, images, and software, on SHXLVES.com is the property of SHXLVES.com or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You agree not to use any of this content without our express written permission. - Disclaimers and Limitation of Liability
– Service Disclaimers: SHXLVES.com is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
– No Involvement in Transactions: SHXLVES.com is purely an informational platform and is not involved in any transactions or payments between users. We do not verify, endorse, or guarantee the accuracy or reliability of any listings or transactions that may be initiated as a result of information found on the Site. Users are responsible for conducting their own due diligence and for resolving any disputes directly with other parties involved in the transaction.
– Limitation of Liability: To the fullest extent permitted by applicable law, SHXLVES.com, its owner, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. - Indemnification
– User Indemnification: You agree to defend, indemnify, and hold harmless SHXLVES.com, its owner, affiliates, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, your User Content, your violation of these Terms, or your violation of any rights of another. - Termination
– Termination by SHXLVES.com: We reserve the right to suspend or terminate your account and access to the Site at our sole discretion, without notice, if we believe you have violated these Terms or engaged in any fraudulent or illegal activity.
– Effect of Termination: Upon termination, your right to access and use the Site will immediately cease. All of your User Content will be permanently deleted, and you will not be entitled to any compensation for such deletion. - Privacy and Data Protection
– Data Collection: SHXLVES.com collects basic user information, including business names, usernames, and email addresses, for the purpose of verifying store owners and facilitating account management. We do not sell or share your personal information with third parties without your consent, except as required by law.
– Public Data: By using SHXLVES.com, you acknowledge that any content or data you post on the Site is publicly accessible and may be viewed by other users and visitors. You are responsible for ensuring that your posts do not contain sensitive or confidential information.
– Cookies: SHXLVES.com uses cookies and similar technologies to enhance your user experience. By using the Site, you consent to our use of cookies in accordance with our Privacy Policy. - Dispute Resolution
– Governing Law: These Terms and any disputes arising out of or relating to these Terms or your use of the Site will be governed by and construed in accordance with the laws of the United States and the State of Georgia, without regard to its conflict of law principles.
– Arbitration: Any disputes arising out of or relating to these Terms or your use of the Site will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Atlanta, Georgia, and the arbitrator’s decision will be final and binding on the parties.
– Class Action Waiver: You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as a class, consolidated, or representative action. - Modifications to Terms
– Changes to Terms: SHXLVES.com reserves the right to modify these Terms at any time. We will provide notice of any material changes via email or by posting a notice on the Site. Your continued use of the Site after such notice constitutes your acceptance of the modified Terms. - Miscellaneous
– Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and SHXLVES.com regarding your use of the Site and supersede any prior agreements or understandings.
– Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
– Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. - Contact Information
– Contact Us: If you have any questions or concerns about these Terms or your use of the Site, please contact us at hello@shxlves.com.