Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and List A Sale (“List A Sale,” “we,” “us,” or “our”) governing your access to and use of the List A Sale website, platform, and all related services, features, content, and functionality (collectively, the “Service”).

By accessing or using the Service in any manner, including but not limited to creating an account, listing a sale or item, submitting content, or interacting with other users, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Listing Policy, and Prohibited & Restricted Items Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Service.

2. Description of Service and Platform Role

List A Sale operates solely as a technology platform that enables users to discover, advertise, and interact with estate sales, garage sales, yard sales, auctions, and similar events, and to list, browse, and connect with independent third-party sellers regarding items they offer.

List A Sale is not a party to any transaction between buyers and sellers. List A Sale does not own, possess, store, inspect, control, or transfer ownership of any items listed on the Service, and does not act as a seller, reseller, broker, auctioneer, agent, or distributor with respect to any transaction conducted through the platform.

All transactions, agreements, representations, and obligations relating to the purchase and sale of any item are made solely between the buyer and the seller. List A Sale does not guarantee the existence, quality, safety, legality, authenticity, or condition of any item, nor does it guarantee that any seller or buyer will complete a transaction or fulfill any obligation.

Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, franchise, or employment relationship between List A Sale and any user. Sellers are independent parties and are not employees, representatives, or agents of List A Sale.

List A Sale does not guarantee that any transaction will be completed, that any listing will result in a sale, or that any user will perform their obligations.

The Service may display listings, content, or recommendations based on user activity or other factors. List A Sale does not guarantee the accuracy, relevance, or suitability of any such listings or recommendations.

The Service may use automated systems or algorithms to provide recommendations, rankings, or personalized content. List A Sale does not guarantee the accuracy, relevance, or effectiveness of any such recommendations.

List A Sale may provide features that enable users to submit inquiries, requests for services, or other forms of lead generation or connection with third-party service providers.

List A Sale does not endorse, verify, or guarantee the identity, credentials, qualifications, legitimacy, licensing, performance, or conduct of any user or service provider of any user of the Service. Any interactions, agreements, or services provided between users are solely between those parties. Users acknowledge that they rely on listings, communications, and other content at their own risk.

List A Sale may provide features that enable users to submit inquiries, requests for services, or other forms of lead generation. List A Sale does not guarantee that any user will receive responses, leads, or business opportunities through the Service, and does not guarantee the quality, accuracy, or outcome of any such interactions. Users engage with one another at their own risk.

3. Eligibility and Authority

You represent and warrant that you are at least eighteen (18) years of age and are legally capable of entering into binding contracts under applicable law. If you access or use the Service on behalf of a business or other legal entity, you further represent and warrant that you have full authority to bind such entity to these Terms.

4. User Accounts and Information

Access to certain features of the Service may require the creation of a user account. You agree to provide accurate, current, and complete information and to maintain and promptly update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

User accounts are non-transferable and may not be sold, assigned, or shared without prior written consent.

List A Sale reserves the right, in its sole discretion, to suspend or terminate any account, or restrict access to the Service, if it determines that any information provided is false, misleading, incomplete, or in violation of these Terms.

By creating an account or using the Service, you consent to receive communications from List A Sale electronically, including via email.

5. SMS Terms & Conditions

By providing your phone number and opting in to receive SMS communications from List A Sale, you agree to the following terms and conditions.

SMS Consent Communication

Phone numbers collected as part of the SMS consent process will not be shared with third parties or affiliates for marketing purposes.

Types of SMS Communications

If you consent to receive SMS messages from List A Sale, you may receive messages related to:

• Customer support conversations
• Account or order-related updates
• Verification or security notifications
• Seller or buyer support requests

Message Frequency

Message frequency may vary depending on your interactions with List A Sale and the type of communication requested.

For example, users may receive up to 5 SMS messages per week related to support conversations, account activity, or transaction updates.

Potential Fees for SMS Messaging

Standard message and data rates may apply based on your mobile carrier’s pricing plan. Charges may vary for domestic or international messages.

Standard Messaging Disclosures

• Message and data rates may apply.
• Message frequency may vary.
• Reply STOP to opt out at any time.
• Reply HELP for assistance.

For more information, please review our Privacy Policy and Terms of Service.

6. User Communications

The Service may enable users to communicate directly with one another. List A Sale does not control, monitor, or guarantee the content, accuracy, or reliability of such communications and is not responsible for any interactions between users. Users acknowledge that any communication with other users is undertaken at their own risk.

7. Payment Processing and Marketplace Transactions

List A Sale facilitates payment processing solely for amounts owed directly to List A Sale, such as subscription plan fees and any other platform fees described in these Terms, through third-party payment service providers, including but not limited to Stripe.

List A Sale does not process, facilitate, or have any involvement in the exchange of payment for the purchase of any item listed on the Service. Any payment for an item is arranged and completed entirely and directly between the buyer and seller, outside of the Service. List A Sale does not act as a payment intermediary, escrow agent, or custodian of funds with respect to any such payment, and at no time does List A Sale take possession of, hold, process, or have visibility into funds exchanged between a buyer and seller for an item.

By subscribing to a plan or otherwise incurring fees owed to List A Sale, you authorize the applicable payment processor to charge your selected payment method for the applicable amount. List A Sale does not store or have access to full payment method details.

By using the Service, you agree to comply with all applicable terms, policies, and requirements of the payment processor used in connection with amounts owed to List A Sale, including but not limited to Stripe. Failure to comply with such requirements may result in suspension or termination of your access to the Service. List A Sale is not responsible for the actions, errors, or omissions of any payment processor and does not assume responsibility for its performance, compliance, or obligations.

8. Platform Service Fees

Item purchases are not currently processed through the Service, and List A Sale does not currently charge, collect, or retain any platform service fee in connection with any exchange of an item between a buyer and seller.

9. Subscription Plans; Upgrades and Downgrades

List A Sale may offer subscription-based plans that provide access to certain features, listing capabilities, or promotional tools. By subscribing to a plan, you agree to pay all applicable fees associated with that plan.

Users may upgrade or downgrade their subscription plan at any time, subject to the terms of the selected plan and any applicable billing cycles.

Upgrades will take effect immediately upon confirmation of the plan change, and any applicable charges may be applied at the time of upgrade. Users will receive access to the upgraded features upon successful processing of the change.

Downgrades will take effect at the end of the current billing period. Users will continue to have access to the features of their existing plan until the end of that billing period, after which the downgraded plan will apply.

List A Sale does not guarantee prorated refunds or credits for any unused portion of a subscription, except where required by law or explicitly stated otherwise.

List A Sale reserves the right to modify, suspend, or discontinue any subscription plan, pricing structure, or included features at any time, with or without notice. Continued use of the Service after such changes constitutes acceptance of the updated pricing or plan terms.

All subscription billing is processed through third-party payment processors, and users agree to comply with all applicable terms, policies, and requirements of such payment processors.

10. Zip Code Exclusivity and Lead Priority

List A Sale may offer optional geographic exclusivity features, including the ability for certain users to purchase exclusive rights to receive priority access to leads or opportunities within designated zip codes or service areas (“Zip Code Exclusivity”).

Zip Code Exclusivity is offered on a subscription basis and is limited in availability. The availability of any zip code is not guaranteed and may change at any time.

Where a user has purchased Zip Code Exclusivity for a specific area, that user may receive priority access to certain leads originating from that area for a limited period of time, as determined by the Service. After such priority period expires, leads may be made available to other users.

Zip Code Exclusivity is contingent upon active and uninterrupted payment. If a subscription lapses, fails, is canceled, or is otherwise not in good standing for any reason, exclusivity rights may be immediately revoked without notice and the associated zip code(s) may become available to other users.

List A Sale does not guarantee the number, quality, timing, or conversion of any leads, inquiries, or opportunities within any zip code or service area.

Users acknowledge and agree that Zip Code Exclusivity provides a limited, conditional priority access feature and does not constitute ownership, control, or permanent reservation of any geographic area.

All purchases of Zip Code Exclusivity are non-refundable, except where required by law. List A Sale shall not be liable for any perceived loss of business, missed opportunities, or competition within any zip code or service area.

List A Sale does not guarantee that any user will receive leads, inquiries, or business opportunities through the Service, including through any lead generation or request features.

List A Sale reserves the right, in its sole discretion, to modify, suspend, or discontinue Zip Code Exclusivity offerings, pricing, or availability at any time.

11. Seller Responsibilities and Financial Obligations

Sellers are solely and exclusively responsible for all aspects of their listings and any resulting transactions, including pricing, descriptions, taxes, fulfillment, refunds, and compliance with all applicable laws.

List A Sale does not calculate, collect, remit, or verify taxes. Sellers are solely responsible for compliance with all applicable tax laws, including with respect to any amounts received directly from buyers.

Item purchases are not currently processed through the Service, and List A Sale’s payment processor, Stripe, does not report item-sale transaction activity to tax authorities on sellers’ behalf. Sellers remain solely responsible for any taxes owed on amounts received in connection with items sold, regardless of how payment is arranged between the parties.

12. Seller Misrepresentation

Sellers represent and warrant that all listings and representations are accurate and not misleading.

Any misrepresentation may constitute a material breach and may result in suspension or termination of the seller’s account.

13. Pickup and Fulfillment Obligations

List A Sale does not provide, manage, or guarantee any delivery, storage, or pickup services, and does not process, track, or have any involvement in the exchange of an item or payment between a buyer and seller. All fulfillment obligations, including the exchange of an item and any payment for it, are arranged and completed solely and directly between the buyer and the seller, outside of the Service.

Sellers may establish their own policies regarding pickup, returns, and other transaction terms, and are solely responsible for communicating those policies directly to buyers. Buyers agree to review and accept such policies before agreeing to a transaction. List A Sale is not responsible for enforcing or interpreting seller-specific policies, and has no visibility into or record of whether or how a transaction between a buyer and seller was completed.

14. Refunds, Returns, and Disputes

All refunds, returns, cancellations, and disputes over an item are strictly between the buyer and the seller. Sellers are solely responsible for establishing and communicating their own refund and return policies directly to buyers.

List A Sale does not mediate disputes, adjudicate claims, or guarantee any resolution between users. Any disputes arising from an arrangement between a buyer and seller must be resolved directly between the parties involved. List A Sale is not obligated to intervene in any dispute and may, but is not required to, take action at its sole discretion.

15. Chargebacks and Payment Disputes

This Section applies to chargebacks, payment disputes, or reversals concerning amounts paid directly to List A Sale, such as subscription fees. List A Sale does not process payment for item purchases, and this Section does not apply to any payment arranged directly between a buyer and seller.

In the event of a chargeback or payment dispute concerning amounts paid to List A Sale, List A Sale reserves the right, in its sole discretion, to investigate the matter and take appropriate action, including but not limited to suspension or termination of the account.

To the fullest extent permitted by law, users may be required to reimburse List A Sale for any fees, penalties, costs, or expenses incurred as a result of abusive, fraudulent, or improper chargebacks or payment disputes initiated by such user.

List A Sale further reserves the right to recover any such amounts through any lawful means, including but not limited to offsetting against future payments, restricting account access, or pursuing collection. Repeated chargebacks may result in permanent suspension of the user’s account.

16. User Content and License

Users may submit, post, upload, transmit, or otherwise make available content through the Service, including but not limited to listings, item descriptions, images, messages, ratings, reviews, feedback, and other materials (“User Content”).

By submitting User Content, you represent and warrant that you have all rights, licenses, and permissions necessary to provide such content and that your User Content does not violate any applicable law or infringe upon any third-party rights, including intellectual property, privacy, or publicity rights.

You hereby grant List A Sale a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in connection with operating, promoting, improving, and providing the Service.

You acknowledge and agree that User Content may be publicly displayed on the Service and may be accessible to other users. List A Sale does not guarantee the accuracy, completeness, or reliability of any User Content and disclaims all liability related thereto.

List A Sale reserves the right, but not the obligation, to review, remove, modify, or restrict access to any User Content at its sole discretion, and does not endorse, control, or assume responsibility for any User Content posted by users.

17. Reviews and Feedback

Users may submit ratings, reviews, or feedback related to transactions or interactions on the Service. All such content must be truthful, accurate, and not misleading.

Users agree not to submit false, deceptive, abusive, defamatory, or otherwise inappropriate content.

List A Sale reserves the right, but not the obligation, to remove or modify any reviews or feedback at its sole discretion.

18. Prohibited Conduct

You agree not to use the Service in any manner that violates applicable law, infringes upon the rights of others, or is inconsistent with these Terms, the Listing Policy, or the Prohibited & Restricted Items Policy.

Without limiting the foregoing, you agree not to:

• submit false, misleading, or deceptive information or content;
• misrepresent any item, transaction, or identity;
• engage in fraudulent, abusive, or unlawful conduct;
• upload or transmit content that is defamatory, harassing, threatening, or otherwise objectionable;
• misuse messaging or communication features;
• interfere with or disrupt the operation of the Service;
• attempt to gain unauthorized access to any part of the Service or related systems;
• use the Service for any purpose not expressly permitted under these Terms.

List A Sale reserves the right, in its sole discretion, to investigate any suspected violation of this Section and to take any action deemed appropriate, including removal of content, suspension or termination of accounts, and cooperation with law enforcement or regulatory authorities.

19. Third-Party Services

The Service may integrate with or rely upon third-party services, including payment processors, mapping services, and communication tools. List A Sale does not control and is not responsible for the performance, availability, or practices of any third-party service. Your use of such services is governed by their respective terms and policies.

20. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIST A SALE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, LIST A SALE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION, QUALITY, SAFETY, LEGALITY, OR AUTHENTICITY OF ANY ITEMS LISTED OR SOLD THROUGH THE SERVICE.

LIST A SALE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY LISTINGS OR USERS ARE ACCURATE, RELIABLE, OR TRUSTWORTHY.

21. Force Majeure

LIST A SALE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, INTERNET OUTAGES, SYSTEM FAILURES, LABOR DISPUTES, GOVERNMENTAL ACTIONS, OR FAILURES OF THIRD-PARTY SERVICES.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIST A SALE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY TRANSACTION BETWEEN USERS.

IN NO EVENT SHALL LIST A SALE’S TOTAL LIABILITY EXCEED THE AMOUNT OF FEES PAID TO LIST A SALE BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

23. Indemnification

You agree to defend, indemnify, and hold harmless List A Sale and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, your violation of these Terms, your listings or transactions, or your violation of any law or third-party rights.

24. Termination

List A Sale reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

25. Right to Refuse Service

List A Sale reserves the right, in its sole discretion, to refuse service to any user, to limit or restrict access to the Service, or to remove any content or listing at any time and for any reason, with or without notice.

26. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

27. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved exclusively through binding arbitration on an individual basis and not as part of any class, consolidated, or representative proceeding.

You expressly waive any right to a jury trial or to participate in a class action. Arbitration shall be conducted in accordance with applicable arbitration rules.

28. Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from List A Sale. List A Sale may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

List A Sale may modify, update, limit, or discontinue any feature or functionality of the Service at any time, with or without notice.

29. No Waiver

The failure of List A Sale to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

30. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

31. Changes to Terms

List A Sale reserves the right to modify these Terms at any time. Updated Terms will be effective upon posting. Your continued use of the Service following any changes constitutes your acceptance of such changes.

32. Contact Information

List A Sale

2500 Quantum Lakes Drive #203

Boynton Beach, Florida 33426

info@listasale.com