Terms of Service

1. Nature of the Service

The Platform is an information aggregation and listing service that collects, displays, and organizes publicly available and user-submitted information relating to yard sales, garage sales, estate sales, and similar events ("Listings").

• The Platform does not host, organize, verify, endorse, or operate any sale.
• Listings may be sourced from publicly available data, user submissions, or third-party platforms where permitted.
• The Platform is not a marketplace, broker, or agent.
• You acknowledge that Listings may be incomplete, outdated, inaccurate, or removed without notice. All use of Listings is at your own risk.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Platform. Use by minors is permitted only under the supervision of a parent or legal guardian.

3. User Responsibilities

• You agree to use the Platform only for lawful purposes and in compliance with these Terms.
• You agree not to rely on Listings as guaranteed or verified information and to independently confirm details before attending any sale.
• You assume full responsibility for all interactions with third parties.
• You acknowledge that entry onto private property is at your own risk. The Company is not responsible for any injury, loss, dispute, or damages arising from your participation in or attendance at any sale.

4. Listing Content and Data Sourcing

The Platform may display data obtained from third-party or publicly available sources. The Company does not control or guarantee the accuracy, completeness, or timeliness of such data.

If you submit a Listing, you represent and warrant that:

• You have the legal right to post the information
• The information is accurate and lawful
• The content does not violate any privacy, property, or intellectual property rights

By submitting content, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, display, distribute, and modify such content for any lawful purpose.

5. Intellectual Property

All content, design, compilation, data structures, and functionality of the Platform are owned by the Company or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial use only.

6. Prohibited Uses

You agree that you will not:

• Copy, scrape, harvest, or aggregate any data or content from the Platform
• Use bots, crawlers, automation tools, or similar technologies to access the Platform
• Reproduce, duplicate, or distribute any Platform content without permission
• Use the Platform or its data to create or operate a competing service
• Reverse engineer, decompile, or otherwise attempt to extract source code or underlying structure
• Collect or store personal information of users or listing participants
• Interfere with the operation, security, or functionality of the Platform

7. Liquidated Damages

You agree that violations of these Terms may result in damages that are difficult to calculate. Accordingly, you agree to the following reasonable estimates of damages:

• Unauthorized automated access or scraping: $0.25 per page accessed
• Unauthorized copying, duplication, or aggregation of content: $5,000 per day
• Use of Platform data in a competing service: $15,000 per day
• Unauthorized harvesting of listing or user data: $2 per record

These amounts are not penalties but represent a reasonable estimate of damages. The Company reserves the right to seek actual damages exceeding these amounts.

8. Disclaimer of Listings

• All Listings are provided "AS IS" and without any guarantees.
• The Company does not guarantee that any Listing is accurate, active, complete, or reliable.
• The Company does not verify Listings and is not responsible for any errors, omissions, or misrepresentations.

9. Safety Disclaimer

You acknowledge that yard sales and similar events take place on private property and may involve risks.

The Company is not responsible for any injury, theft, loss, damage, or disputes arising from your attendance at or interaction with any sale.

10. Third-Party Services

The Platform may include links to or integrations with third-party services. The Company does not control and is not responsible for such services, their content, or their policies.

11. Disclaimer of Warranties

The Platform is provided "AS IS" and "AS AVAILABLE."

The Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company does not guarantee that the Platform will be error-free, uninterrupted, or reliable.

12. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages.

The Company's total liability shall not exceed one hundred dollars ($100).

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of:

• Your use of the Platform
• Your submitted content
• Your violation of these Terms

14. Termination

The Company may suspend or terminate your access to the Platform at any time, with or without notice, for any reason.

15. Subscriptions & Billing

• Garage Sale HQ Pro is a recurring subscription billed monthly ($19.99/month) or annually ($215.88/year). New subscriptions include a 7-day free trial. You will not be charged until the trial period ends.
• Subscriptions automatically renew at the end of each billing period at the then-current rate unless canceled. You authorize us to charge your payment method on file for each renewal.
• You may cancel your subscription at any time through the Manage Subscription button in your Settings page, which opens the Stripe billing portal. Cancellation takes effect at the end of the current billing period — you retain access to Pro features until then.
• Subscription fees are non-refundable except where required by applicable law. Partial-month refunds are not provided.
• We may change subscription pricing with at least 30 days notice. Price changes apply to the next billing cycle after the notice period. Continued use after the change constitutes acceptance.
• If payment fails, we may retry the charge and/or suspend Pro features until payment is successfully processed.

16. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

17. Dispute Resolution

• Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration conducted in Volusia County, Florida.
• You agree to waive any right to participate in class actions or class-wide arbitration.
• The Company may seek injunctive or equitable relief in a court of competent jurisdiction.

18. Yard Bucks & Reputation Points

The Platform offers virtual currencies and reward systems including "Yard Bucks" and "Reputation Points" (collectively, "Virtual Rewards").

• Virtual Rewards have no monetary value and cannot be redeemed for cash, transferred to other users, or exchanged outside the Platform. Affiliate commissions (paid in US dollars via Stripe Connect) are separate from Virtual Rewards and are governed by the Affiliate Program Agreement.
• Yard Bucks may be earned through Platform activity (posting sales, daily visits, referrals, etc.) or purchased in bundles. Purchased Yard Bucks are non-refundable.
• Yard Bucks may be spent on Platform features including additional route stops, featured listings, and other premium features as offered.
• The Company reserves the right to modify, limit, or discontinue Virtual Rewards programs at any time without prior notice. Balances may be adjusted to correct errors or prevent abuse.
• Virtual Rewards do not constitute property and confer no ownership rights. Upon account termination, all Virtual Rewards are forfeited.
• Abuse of reward systems (creating fake accounts, automated activity, exploiting bugs) may result in balance forfeiture and account suspension.

19. Affiliate & Referral Programs

The Platform may offer referral and affiliate programs that allow users to earn commissions or rewards for referring new users. The affiliate program is governed by a separate Affiliate Program Agreement which provides the full terms including commission structure, payout terms, prohibited activities, FTC disclosure requirements, and termination provisions.

• Participation in the affiliate program is by invitation only and subject to approval.
• Affiliates must comply with all applicable laws, including Federal Trade Commission (FTC) guidelines requiring clear disclosure of the affiliate relationship when promoting the Platform.
• Commission rates, payout thresholds, and program terms may be modified at any time with 14 days notice to active affiliates.
• The Company reserves the right to withhold or revoke commissions earned through fraudulent, misleading, or abusive activity.
• Payouts are processed through Stripe Connect. Affiliates are responsible for any taxes owed on commission income.

20. DMCA & Copyright

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).

• If you believe content on the Platform infringes your copyright, send a written notice to our designated agent at adhdaveflips@gmail.com including: (1) identification of the copyrighted work, (2) identification of the infringing material and its location, (3) your contact information, (4) a statement of good-faith belief that the use is unauthorized, (5) a statement under penalty of perjury that your notice is accurate, and (6) your physical or electronic signature.
• Upon receiving a valid DMCA takedown notice, we will promptly remove or disable access to the allegedly infringing material and notify the content provider.
• Users who receive a takedown notice may submit a counter-notification if they believe the removal was in error. Counter-notifications must include the same elements as above plus a statement consenting to jurisdiction in Volusia County, Florida.
• We maintain a repeat infringer policy. Users who are the subject of multiple valid DMCA notices may have their accounts terminated.

21. Changes to Terms

The Company may modify these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

22. Contact

For questions about these Terms, contact us at adhdaveflips@gmail.com.