Terms of Service

1. Agreement to Terms

By accessing or using Estate Sale Connect ("Platform," "Service," "we," "us," or "our") at estatesaleconnect.com, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

These Terms apply to all users of the Platform, including:

• Consumers: Individuals seeking estate sale services
• Professionals: Estate sale companies and service providers
• Visitors: Anyone browsing our website

2. Eligibility and Age Requirements

2.1 Minimum Age

You must be at least 18 years old to use Estate Sale Connect. By using our Service, you represent and warrant that you are 18 years of age or older.

2.2 Suspected Minors

If you suspect that anyone under 18 has provided personal information to Estate Sale Connect without parental consent, please immediately contact us at [support@estatesaleconnect.com]. We will take steps to remove such information and terminate the account.

2.3 Business Authority

If you are using the Service on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

3. Description of Service

3.1 What We Do

Estate Sale Connect is a lead generation and connection platform that:

• Connects consumers with estate sale professionals in their area
• Provides tools for estate sale companies to manage leads and business operations
• Facilitates communication between parties

3.2 What We Don't Do

Important: Estate Sale Connect is NOT:

• An estate sale company
• Responsible for the actual estate sale services
• A party to any agreement between consumers and professionals
• Responsible for the quality, legality, or outcome of estate sale services

3.3 No Professional Vetting

WE DO NOT VERIFY, ENDORSE, OR GUARANTEE:

• The licenses, certifications, or insurance of any professional
• The background, criminal history, or qualifications of any professional
• The quality, safety, or legality of services offered
• The truth or accuracy of professional representations

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE CREDENTIALS, INSURANCE, REFERENCES, AND SUITABILITY OF ANY PROFESSIONAL YOU CHOOSE TO ENGAGE.

4. User Accounts and Registration

4.1 Consumer Users (Free Service)

Consumers may submit requests without creating an account. By submitting a request, you:

• Certify that all information provided is accurate and truthful
• Acknowledge that your information will be shared with estate sale professionals
• Understand that professionals may contact you directly
• Agree not to submit false or misleading requests
• Consent to receiving communications in accordance with applicable law

4.2 Professional Accounts (Free Service)

Estate sale professionals must create an account and verify their email address. Accounts are provided free of charge. You agree to:

• Provide accurate business information and credentials
• Maintain appropriate licenses and insurance as required by law
• Respond to leads professionally and promptly
• Keep your account information current
• Protect your account credentials
• Comply with all applicable laws when contacting leads

6. User Conduct and Prohibited Uses

You agree NOT to:

• Provide false, inaccurate, or misleading information
• Create accounts for anyone other than yourself or your authorized business
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Use the service for any illegal or unauthorized purpose
• Violate any local, state, national, or international law
• Spam or send unsolicited communications
• Violate TCPA, CAN-SPAM, or other communication laws
• Attempt to gain unauthorized access to our systems
• Scrape or copy content without permission
• Interfere with or disrupt the service
• Upload viruses or malicious code
• Circumvent any security features
• Upload content containing personal information of third parties without consent
• Use the Service to collect information about minors

7. Communication Compliance

7.1 Professional Communication Obligations

Professionals agree to comply with all applicable laws regarding communications, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• State telemarketing and solicitation laws
• Do Not Call Registry requirements

7.2 Indemnification for Communication Violations

Professionals agree to indemnify Estate Sale Connect for any claims arising from their violation of communication laws when contacting leads.

8. Intellectual Property Rights

8.1 Our Property

All content on Estate Sale Connect, including but not limited to text, graphics, logos, images, and software, is our property or licensed to us and protected by copyright, trademark, and other laws.

8.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose only.

8.3 User Content

By submitting content (including photos, text, or other materials), you:

• Grant us a worldwide, royalty-free license to use, display, and distribute the content solely for the purpose of operating and improving the Platform
• Represent that you own or have rights to the content
• Agree that we may share the content with estate sale professionals
• Acknowledge our right to remove content that violates these Terms

9. Digital Millennium Copyright Act (DMCA) Compliance

9.1 Copyright Infringement Claims

If you believe content on our Platform infringes your copyright, please send notice to:

Notice must include:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Your physical or electronic signature

9.2 Counter-Notices

If your content was removed for alleged infringement, you may submit a counter-notice with the above requirements.

9.3 Repeat Infringers

We will terminate accounts of repeat infringers in appropriate circumstances.

10. Privacy and Data Protection

10.1 Privacy Policy

Your use of our Platform is also governed by our Privacy Policy. By using Estate Sale Connect, you consent to:

• Collection and use of your information as described in our Privacy Policy
• Sharing of your information with estate sale professionals
• Communication from us and from professionals who receive your information

10.2 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge that you provide information at your own risk.

10.3 Data Breach Notification

In the event of a data breach that may compromise your personal information, we will notify affected users as required by applicable law, including South Carolina data breach notification requirements.

11. Disclaimers and Limitations of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless Estate Sale Connect, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct in connection with the service
• Any agreement or transaction between you and another user
• Your violation of any applicable laws or regulations

13. Relationship Between Users

13.1 Independent Contractors

Estate sale professionals are independent contractors, not our employees or agents. We are not responsible for their actions or omissions.

13.2 User Agreements

Any agreement between consumers and professionals is solely between those parties. We are not a party to such agreements and have no obligations under them.

13.3 Disputes Between Users

We are not responsible for resolving disputes between users. You release us from all claims arising from disputes with other users.

14. Termination

14.1 By You

• Consumers: May stop using the service at any time
• Professionals: May close their account at any time from the account settings page

14.2 By Us

We may terminate or suspend your access immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Providing false information
• Any reason at our sole discretion

14.3 Effects of Termination

Upon termination:

• Your right to use the Platform immediately ceases
• We may delete your account and associated data
• Provisions that by their nature should survive will remain in effect

15. Governing Law and Dispute Resolution

15.1 Governing Law

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

15.2 Arbitration Agreement

PLEASE READ CAREFULLY: You agree that any dispute arising from these Terms or your use of the Platform will be resolved through binding arbitration in South Carolina, not in court, except for:

• Small claims court matters
• Injunctive relief for intellectual property violations

15.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY, AND NOT AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

16. Modifications to Service and Terms

16.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time without notice.

16.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Email notification for material changes (for registered users)

Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Estate Sale Connect.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

17.3 Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Survival

Sections relating to intellectual property, indemnification, limitation of liability, dispute resolution, and any other provisions that by their nature should survive termination will survive.

17.7 Notice

Legal notices to us should be sent to:

17.8 Geographic Restrictions

The Platform is intended for use within the United States. We make no representations that the Platform is appropriate or available for use in other locations.

18. Special Provisions for Sensitive Situations

We recognize that many users are dealing with difficult life transitions (death of a loved one, downsizing, divorce, etc.). While we strive to connect you with caring professionals:

• We cannot guarantee the sensitivity or appropriateness of professional conduct
• We recommend interviewing multiple professionals before making a decision
• You should verify credentials, insurance, and references independently
• Trust your instincts when selecting a professional
• Consider having a trusted friend or family member present during consultations

19. Accessibility

We are committed to making our Platform accessible to individuals with disabilities. If you encounter any accessibility barriers, please contact us at accessibility@estatesaleconnect.com.

20. California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for more information.

21. Questions and Contact Information