Updated October 7, 2023

1. Accepting These Terms of Use

By signing up for a Salesing Account or by using any Salesing services, you are agreeing to be bound by the following terms and conditions (the “Terms of Use”). The Terms of Use are a legally binding contract between you and Salesing LLC (“Salesing”). 

This contract sets out your rights and responsibilities when you use Salesing.com, any of our apps, and all other services provided by Salesing (“Services”), so please read these Terms of Use carefully. By using any of our Services (even just browsing our website), you are agreeing to the Terms of Use. If you do not agree with the Terms of Use, you may not use our Services.

If you use any of our Services, you agree to these Terms of Use as well as our Privacy Policy. If you list any items for sale through our Services, our Vendor Policy also applies to you. All of these policies are part of our Terms of Use and each section below applies (e.g., the Venue clause outlined in Section 12 applies the Terms of Use, Privacy Policy, and Vendor Policy).

2. Your Privacy

We know your personal information is important to you, so it is important to us. Our Privacy Policy details how your information is collected, used, and shared when you use our Services. By using our Services, you are also agreeing that we can process your information in the ways set out in the Privacy Policy. 

3. Your Account with Salesing

You’ll need to create an account with Salesing to use some of our Services. Here are a few rules about accounts with Salesing:

• You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Salesing or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online. 

• Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

• Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. 

• You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms of Use on behalf of the business. Also, your accounts are not transferable.

• Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password secure. 

• Our relationship. These Terms of Use do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Salesing.

4. Your Content

Content that you post using our Services is your content (“Your Content”). We do not make any claim to it, which includes anything you post using our Services (such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). 

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you are not infringing or violating any third party’s rights by posting it. 

By posting Your Content, you grant Salesing and, as authorized by Salesing in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Salesing, your Salesing shop or business, other shops and listings, or the Services in general, in any formats and through any channels, including across any Salesing Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. 

Salesing has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens. 

There are certain types of content we do not want posted on Salesing’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

5. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms of Use and the following restrictions in particular:

• You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Salesing, another Salesing user, or a third party.

• You are responsible for paying all fees that you owe to Salesing. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Salesing will calculate, collect, and remit value-added tax or VAT and sales tax.

• You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Salesing Intellectual Property and Seller Content) without our express permission.

• You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

• The name “Salesing” and the other Salesing marks, phrases, logos, and designs that we use in connection with our Services (the Salesing Trademarks), are trademarks, service marks, or trade dress of Salesing in the US and other countries.

• We appreciate any suggestions and ideas that you have that can help us improve your experience and our Services. Any ideas or other materials you submit to Salesing (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

• From time to time, Salesing will provide you with certain legal information in writing. You understand and agree that we can send you information electronically (such as by email) instead of mailing your paper copies and that your electronic agreement is the same as your signature on paper.

6. Termination

You may terminate your account with Salesing at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You shall still be responsible for paying any outstanding bills.

We may terminate or suspend your account (and any accounts Salesing determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms of Use. If we do so, it’s important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy products on our website. Generally, Salesing will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms of Use or we have legal or regulatory reasons preventing us from notifying you. 

If you or Salesing terminate your account, you may lose any information associated with your account, including Your Content. 

Salesing reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Salesing’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. 

The Terms of Use will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

7. Warranties and Limitation of Liability

You understand that Salesing does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Salesing cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller or vendor of the item. You release Salesing from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Salesing is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 

Our Services may contain links to third-party websites or services that we do not own or control (for example, links to social media). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Salesing is not a party to those agreements; they are solely between you and the third party.

SALESING IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SALESING (INCLUDING ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL SALESING’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, (B) ANY AMOUNTS DUE UNDER THE SALESING PURCHASE PROTECTION PROGRAM UP TO THE PRICE YOU PAID FOR AN ITEM SOLD BY A THIRD PARTY ON SALESING (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID SALESING IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

In the event Salesing gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you will defend, reimburse, compensate, and hold Salesing (including any of our employees, members, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms of Use, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

9. Disputes with Other Users

If you find yourself in a dispute with another user of Salesing’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. 

In our sole discretion, Salesing may attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. Salesing has no obligation to resolve, or to assist in resolving, any disputes. 

You release Salesing from any claims, demands, and damages arising out of disputes with other users or third parties.

10. Arbitration Agreement and Class Action Waiver

Any disputes arising between you and Salesing shall first attempt to be resolved through mutual discussion and with a good faith attempt to resolve the conflict. If the dispute is not resolved through mutual discussion, Salesing and the vendor agree that the dispute shall be resolved by binding arbitration. Such binding arbitration shall be conducted before one (1) arbitrator in Bexar County, San Antonio, Texas, in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. The arbitrator shall not have the authority to add to, detract from, or modify any provision of these Terms of Use. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction. All expenses of arbitration, including reasonable attorneys’ fees, shall be borne by the losing party to the arbitration. 

YOU AND SALESING HEREBY WAIVE OUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION.

You and Salesing agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). 

11. Changes to the Terms of Use

We may update these Terms of Use from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account. 

12. Venue and Jurisdiction

These Terms of Use, as well as our Privacy Policy and Vendor Policy, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, as well as our Privacy Policy and Vendor Policy, shall be subject to alternative dispute resolution (see Section 10) and any court proceeding shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the San Antonio, Bexar County, Texas.

You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.