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Terms Of Use

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  1. Rules and Policies that make up the Terms
  2. Privacy Protection
  3. Your Account with AnytownUSA
  4. Your Content
  5. Your Use of Our Services
  6. Termination
  7. Warranties and Limitation of Liability
  8. Indemnification
  9. Disputes with Other Users
  10. Disputes with AnytownUSA
  11. Intellectual Property Policy
  12. Changes to the Terms
  13. Precedence, Interpretation and Assignments
  14. Contact Information

 

Agreeing to These Terms

This document, and the other documents and policies listed below, comprise the AnytownUSA Terms of Use (the “Terms”). The Terms constitute a legally binding agreement between you and AnytownUSA.com LLC (“AnytownUSA”, “us”, “we” or “our”). Please read the Terms carefully as the Terms set out your rights and responsibilities when you use AnytownUSA.com, our mobile apps, and other services or websites provided by AnytownUSA (the “Services”).

Please note that the Terms in Section 10. Disputes with AnytownUSA contains an arbitration clause and class action waiver. This means that you by agreeing to the Terms accept that all disputes are resolved through binding individual arbitration, which also means that you waive any right to have such disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

By using any of our Services (including just browsing on of our websites), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.

 

 

1. Rules and Policies that make up the Terms

Below are a list of policies and rules that are applicable to users of our Services, including specific policies and rules relating to buyers, sellers, and third parties:

If you use any of our Services, you agree to the Terms and our Privacy Policy.  

If you list any items for sale through our Services you also agree to our Seller Policies and our “American-Made” Policy

Please note that we take our commitment to American-made products very seriously and all products sold on AnytownUSA.com must comply with the Federal Trade Commission (FTC) Made in USA Policy, and we require that all Sellers on AnytownUSA.com certify to us that they are in compliance with this policy. For more information on the FTC regulations, go to https://www.ftc.gov/tips-advice/business-center/guidance/complying-made-usa-standard

We require that Sellers fully understand their obligations and requirements for Made in USA labeling, and strongly recommend they read the full policy in order to ensure compliance. During the product upload process, Sellers are required to declare each item as American-made.

Our Customer Policies apply if you use our Services to browse or to shop.

Our Policy Regarding Third Parties. These policies apply to:

All of these rules and policies are part of the Terms, and are incorporated herein by reference.

2. Privacy Protection

By using our Services, you understand and agree that we can process and use your information as detailed in the Privacy Policy. The Privacy Policy is part of the Terms, and are incorporated herein by reference.

Please also note that if AnytownUSA and you are found to be joint data controllers and/or processors of personal information, and if AnytownUSA is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller and/or processor of personal information, you agree to indemnify AnytownUSA for the expenses it occurs in connection with your controlling, processing and/or handling of such personal information and compliance with relevant EU law. See Section 8. Indemnification  below for more information about your indemnification obligations to AnytownUSA.

3. Your Account with AnytownUSA

Using some of our Services requires that you to create an account with AnytownUSA. The following rules apply when creating accounts with AnytownUSA:

  1. You must be 18 years old or older to use our Services. Otherwise, if you are 13 years old or older, you may use our Services but only under the supervision of a parent or legal guardian who manages your account. Children under 13 years of age are not permitted to use AnytownUSA or the Services.
  2. Accuracy and honesty. Provide accurate information about yourself. It is not allowed to use ambiguous and/or false information or impersonate another person or company through your account.
  3. Appropriate username. If you decide to not have your full name associated with your account, you may not use a username that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
  4. Your account – your responsibility. You are solely responsible for your account and for any activity on your account. If you are sharing an account with other people, then the person whose billing 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 on behalf of the business. You agree that your accounts are not transferable.
  5. Password protection. You are solely responsible for any activity on your account, so it is important you use a safe and strong password and to keep that password secure.
  6. Our relationship. These Terms do not create any partnership, joint venture, agency, employment, or franchisee relationship between you and AnytownUSA.

4. Your Content

Content that you post using our Services is your content and remains your content (“Your Content”) and we do not make an ownership claim to it. Your Content includes anything you post using our Services (for example shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

  1. Responsibility for Your Content. You are solely responsible for Your Content and you represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant AnytownUSA a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help AnytownUSA function and grow, including, without limitation, for marketing and promotional activities.
  3. Rights You Grant AnytownUSA. Without limiting the foregoing, you agree that AnytownUSA has 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 to provide the Services and to promote AnytownUSA, your AnytownUSA shop, or the Services in general, in any format and through any channels, including across any AnytownUSA Service or third-party website or advertising medium.
  4. Reporting Unauthorized Content. 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 infringes another person’s intellectual property rights, we will remove it if we receive proper notice. We will notify you if that happens.
  5. Inappropriate, False, or Misleading Content. You agree and represent that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, or any other part of the Terms. You also agree not to post any content that is false, unlawful and/or misleading or uses the Services in a manner that is fraudulent or deceptive.
  6. Anti-Discrimination. AnytownUSA is an open community of Sellers and Customers. We do not discriminate on race, religion, gender, color, ethnicity, sexual orientation, gender identification, or any other characteristic based on applicable law. If you believe a discriminatory act has taken place, please email us at CustomerSupport@AnytownUSA.com to report it and we will investigate.

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 and the following restrictions in particular:

  1. Compliance with the law. You agree that you will always comply with the laws when using our Services. This includes any local, state, federal, and international laws that may apply to you. You understand your responsibility to obtain any permits or licenses that your shop requires and that you may not sell anything that violates any applicable law. When using our Services you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against AnytownUSA, another AnytownUSA user, or a third party.
  2. Payments on time. You are responsible for paying all fees and bills that you owe to AnytownUSA on time. For items shipped to locations within the United States, AnytownUSA will calculate, collect and remit the applicable sales tax. Your fees, bills, taxes, and how you can pay them are fully explained in our Seller Policy
  3. Our IP-rights. 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.
  4. System Interference. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  5. Our trademarks. The names “AnytownUSA” and other AnytownUSA marks, phrases, logos, and trademarks that we use in connection with our Services are the intellectual property of AnytownUSA, whether in form of trademarks, service marks, trade dress or designs. You agree only to use our trademarks in accordance with the Trademark Policy.
  6. Your Ideas are Welcome. We welcome ideas that can help us improve, but for the avoidance of doubt you agree that any unsolicited ideas or other materials you submit to AnytownUSA (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.
  7. Online Communication. AnytownUSA will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says among other things that we can send you information electronically (by email, etc.) instead of mailing paper copies. It also states that your electronic agreement is the same as your signature on paper.

6. Termination

  1. Termination By You. You are entitled to terminate your account with AnytownUSA at any time without reason. You can do this from your account settings. You understand and agree that terminating your account will not affect the availability of some of Your Content posted prior to termination, or relieve you of the obligation to pay any amounts owed to us or to third parties.
  2. Termination By AnytownUSA. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without prior notice. If we do so, you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. AnytownUSA may refuse service to anyone, at any time, for any reason.

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

  1. We May Discontinue the Services. AnytownUSA may change, suspend, or discontinue any of the Services at any time, for any reason. 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.
  2. Survival. The Terms 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

Items You Purchase. You understand and agree that AnytownUSA does not manufacture, store, sell or inspect any of the items sold through our Services. We provide the venue – the marketplace; the items in our marketplaces are produced, listed, and sold directly by independent sellers and solely on their account not ours. AnytownUSA cannot and does not make any warranties about the item’s origin, quality, safety, or their legality.

You understand and accept that any claim whether legal or otherwise related to the purchase of an item must be brought directly against the seller of the item and you agree to release AnytownUSA from any claims related to items sold through our Services including, but not limited to, claims concerning defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims). 

  1. Content You Access. You understand that we have no responsibility concerning content posted by users of our Services, and you accept that we make no representations concerning any such content posted by users through the Services, and that we are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users through the Services. You agree to release us from all liability relating to that content.
  2. Interaction. You can use the Services to interact with other individuals, either online or in person. We urge you to be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. However, you understand that we do not screen users of our Services or the interaction between users, and you agree to release us from all liability relating to your interactions with other users.
  3. Third-Party Services. Our Services may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services (like a compatible smartphone to use our mobile apps). When you access and use these third-party services and/or products, you do so at your own risk. The third parties may require you to accept their own terms of use. AnytownUSA is not a party to those agreements; they are solely between you and the third party. See our Privacy Policy for more information.
  4. Promotions. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
  5. Warranties. AnytownUSA is dedicated to making the best possible Services, but you understand and agree that our Services are provided “as is” and without any kind of warranty (express or implied). You also understand and accept that 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. You understand and accept that 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.
  6. Liability Limits. To the fullest extent permitted by law, neither AnytownUSA, nor our employees, members, managers or directors 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 AnytownUSA’s aggregate liability for any damages exceed the greater of one hundred US Dollars ($100) or the amount you paid AnytownUSA in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

8. Indemnification

If AnytownUSA gets sued or otherwise subject to claims because of something that you did or failed to do, you agree to defend and indemnify us. That means you will defend AnytownUSA (including any of our employees, members, managers and directors) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’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 at your expense so we can execute our strategy.

9. Disputes with Other Users

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

Release of AnytownUSA. You agree to release AnytownUSA (including our employees, members, managers and directors) from any claims, demands, and damages arising out of your disputes with other users or parties.

10. Disputes with AnytownUSA

These rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
  2. Arbitration. You and AnytownUSA agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and AnytownUSA are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
  3. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
  4. Forum. Any legal action against AnytownUSA related to our Services must be filed and take place in New York County, New York State. That means the seat of any arbitration shall be New York County, New York State. For any actions not subject to arbitration, you (where your contract is with AnytownUSA, Inc.) and AnytownUSA agree to submit to the personal jurisdiction of a state court located in New York County, New York or the United States District Court for the Southern District of New York.
  5. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
  6. Modifications. If we make any changes to this “Disputes with AnytownUSA” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against AnytownUSA prior to the date the changes became effective. AnytownUSA will notify you of substantive changes to the “Disputes with AnytownUSA” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send AnytownUSA a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and AnytownUSA in accordance with the provisions of this “Disputes with AnytownUSA” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

11.  Intellectual Property Policy

Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated copyright agent to receive DMCA Notices is:

Aaron Goldberg, Holland & Knight LLP, 31 West 52nd Street, New York, NY 10019

Phone: 212-513-3231

Email: aaron.goldberg@hklaw.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

 

Our designated agent to receive Counter-Notices is:

Aaron Goldberg, Holland & Knight LLP, 31 West 52nd Street, New York, NY 10019

Phone: 212-513-3231

Email: aaron.goldberg@hklaw.com



The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will notify you by doing one (or more) of the following: (1) posting the changes through the Services; (2) sending you an email or message about the changes or (3) including a notification of such change on the homepage of our website. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Precedence, interpretation and assignments

The Terms, including all of the policies and rules that make up the Terms, supersede any other agreement or understanding between you and AnytownUSA regarding the Services. If any part of the Terms is found to be unenforceable, the unenforceable part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms and the Terms and all parts of it remain in full force despite a failure to enforce. We may assign any of our rights and obligations under the Terms.

14. Contact Information

If you have any questions about the Terms or our Services, please email us at: CustomerSupport@AnytownUSA.com or SellerSupport@AnytownUSA.com.

Last updated on May 02, 2018

 

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