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TERMS AND CONDITIONS

Updated May, 2021

By using the GreatAmericanShops.com web site (the “Website”) or establishing an account with Great American Shops and using the Great American Shops service (the “Service”), you agree to the following Terms and Conditions (the “Great American Shops User Agreement”).

We may update these Terms and Conditions and any aspect of the Service from time to time and will notify you by uploading details of any changes on our Website.  You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then we ask that you please do not use the Services or any part of them.

Accessing our Service

Great American Shops reserves the right to amend or withdraw the services we provide through our Website without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy.  From time to time, we may restrict access to any or all of the Services to users who have registered with us.  By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable and delete any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

It is your responsibility to ensure that all information you upload to the Great American Shops site, is correct and accurate. Ensure that you check all information before making a purchase, including name, address, email address, delivery location and pertinent payment card information.

If you breach any of these Customer Terms, your right to use the Website and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.

Overview

Importantly, although Great American Shops is commonly referred to as an online marketplace, it is not a traditional “retailer.” Instead, the Great American Shops platform acts as a multi-vendor marketplace to connect buyers and sellers. Great American Shops is not involved in the actual transaction between buyers and sellers, does not warehouse any items and does not transfer legal ownership of items from the sellers to buyers.  As a result, Great American Shops has no control over the products listed or advertised on it’s site, or is responsible in the outcome of the ability of sellers to sell items or the ability of buyers to pay for items.

General Overview: Terms

You acknowledge that you must be 18 years or older to use this site to make a purchase or establish an account as either a buyer or seller.

You fully understand, acknowledge and agree that Great American Shops multi-vendor platform is a venue that connects buyers with sellers and as such is not responsible for the content posted on it.

You agree to report harmful content, unethical conduct or any fraudulent activity and content on our platform to Support@greatamericanshops.com without delay.

You agree not to present yourself as a contractor, employee, sales representative, business associate, management or any other claim to represent Great American Shops in any advertising or social media campaigns without the expressed authorization and approval from Great American Shops.

You agree not to use Great American Shops for any illegal or unauthorized purpose or violate our prohibited items list.

You agree not to redirect any buyer contact to your personal website, blog, social media platform or harass or impersonate Great American Shops members.

You may post images hosted on Great American Shops to outside websites. However, pages on other websites which display images hosted on Great American Shops must provide a link back to Great American Shops from each photo to the same photo page on Great American Shops

You acknowledge that you alone are responsible for keeping your password secure.

You agree to comply with all local laws regarding online conduct and acceptable content.

You are solely responsible for your conduct and any data, text, profiles, screen names, photos, videos, audio clips, information, graphics, links or any other content that you submit, post or display on the Great American Shops website.

You agree not to modify, copy, adapt or hack GreatAmericanShops.com

You agree not to embed or transmit any viruses, worms or any code of a destructive nature.

You completely understand Great American shops Terms and Conditions, Policies and Procedures agree to use the Great American Shops willfully and at your own risk.

General Overview: Conditions

Great American Shops reserves the right to modify or terminate any service for any reason at any time, with or without notice.

Great American Shops reserves the right to refuse service to anyone for any reason at any time for any reason they feel violates our Terms and Conditions, Policies and Procedures.

Great American Shops reserve the right to alter this Great American Shops User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of Great American Shops, Great American Shops will notify you via e mail according and posting on it’s website to the preference expressed on your account.

Great American Shops may remove content from its platform that it feels violates it’s Terms and Conditions, Policies and Procedures including without limitation: items, item text, profiles, descriptions, chat text, booth, and information submitted on Seller Dashboards that Great American Shops determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, Great American Shops Terms of Use, Great American Shops Privacy Policy, or any other policy documents and community guidelines as posted on Great American Shops. Great American Shops has no obligation to do so, however.

The Service makes it possible to post images hosted on Great American Shops to outside websites. This use is accepted. However, pages on other websites which display images hosted on Great American Shops must provide a link back to Great American Shops from each photo to its photo page on Great American Shops.

You can remove your profile at any time by deleting your account. This will also remove your participation in future earnings from our Revenue Sharing Plan.  In addition private images, profiles, you have previously stored in the system.

By uploading content, images, your profile, products and/or services descriptions to Great American Shops, you agree to allow other Great American Shops users to view them and you agree to allow Great American Shops to display all on Great American Shops, or in emails from Great American Shops.

All Great American Shops logos, designs, graphics, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Great American Shops’ Trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Definitions

Your Information” is defined as any information you provide to Great American Shops as either a shopper or a seller or other in the registration process, in the listing of products (which includes photographs and descriptions), in any public message area including our Forums or through any email feature.  You are solely responsible for Your Information.  Great American Shops acts as a passive conduit for your online distribution and publication of Your Information.

Dispute Resolution

Great American Shops’ goal is to make you happy. In the event a dispute arises between you, a seller on our platform or a buyer, please email Great American Shops at support@GreatAmericanShops.com and we will work diligently to bring about a solution.  In the event that no resolution is possible and you believe that you have been a victim of fraud or a crime we encourage you to report all buyer and seller disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

Feedback and Complaints

General comments about the Website are welcome, please contact us at Great American Shops.com/contactus. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our Site and with the Seller please contact local authorities if you believe a crime or fraud has taken place.

Feedback Integrity

You may not take any actions that may undermine the integrity of the feedback system. Great American Shops may, without prior notice, limit the number of purchases and listings, which you may place on Great American Shops based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

Platform Eligibility

Great American Shops shopping services are free, but available only to individuals who can form legally binding contracts under applicable law. Great American Shops’ services are not available to children (persons under the age of 18) If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Great American Shops.

You also agree not to transfer or sell your account or User ID.

Purchasing/Buyer Obligations and Guidelines

A buyer is obligated to immediately pay in full if using all available payment channels made available by Great American Shops. A buyer is obligated to complete the transaction of a purchase of an item on Great American Shops immediately upon purchase at checkout.  A buyer who pays by mail with a personal check must send the seller an email to notify the seller that that the payment is in the mail, within three (3) days of the transaction.

Please understand that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

Please carefully review the Sellers Terms including time of delivery, Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.

We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through our Website.

Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.

A seller must abide by all of Great American Shops policies and the seller’s own individual shop policies and sell the exact item as described. In addition, a seller must abide by the seller’s own individual policies when dealing other issues, for example, shipping charges, refunds, issues of damage and returns.

Delivery arrangements

Your shopping basket on the Website displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

Returns

If you wish to discuss or organize a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Seller directly using the order enquiry facility on the Website or fill in the cancellation form available here in accordance with our Returns & Refunds Policy.  Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.

Notice of Copyright Infringement

Great American Shops has reserved the right, in its sole discretion, to terminate the accounts of users of the Great American Sellers Sites who infringe on copyrights of Great American Shops or others.  Great American Shops has designated an agent to receive notices of claimed copyright infringement relating to the Great American Shops site under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Great American Shops containing the following information:

  • A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Contact information for the notifying party, including name, address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information to our team of dedicated agents by and we will reach out to you quickly to assist you.

Taxes

Great American Shops will purchase product from you and resell product to Great American Shops Sellers. Great American Shops will provide to you a resale exemption certificate, and in return you agree not to charge Great American Shops any taxes on the sale of product to Great American Shops. Great American Shops will be responsible for collection of tax on sales of product to Great American Shops Sellers. All fees payable by you to Great American Shops under this Agreement are exclusive of any applicable taxes.

For purposes of this Agreement, the term “taxes” means all sales taxes, taxes on goods and services, value added and consumption taxes, use taxes, excise taxes, import and export fees, regulatory fees, levies or similar charges and duties assessed or required to be collected or paid for any reason in connection with the promotion, offer, sale or fulfillment of any products by you in connection with the Great American Shops Marketplace.

Import regulations and duty

If you order goods from our Website for delivery outside the US, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Payment methods

Great American Shops has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

Great American Shops partners with licensed payment processors Stripe and PayPal to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you’re located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Great American shops reserves the right to contact you directly and to seek payment. Great American Shops may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.

By using a third-party service, you may also be subject to an agreement with the third-party User Agreements  If Great American Shops receives notice that your shop’s content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending your selling privileges, or removing certain payment methods.

Great American Shops Rights and Responsibilities

Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available through our payment facility.

Great American Shops payment functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Great American Shops Term and Conditions.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Great American Shops may refuse service of our Payment Services to anyone, for any reason, at any time.

Great American shops reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Great American Shops Terms and Conditions.

In respect of all payment methods the Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via greatamericanshops.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.

Listing/Seller Obligations and Guidelines

Great American Shops Fees and Credit Policy:  Changes to fees for our services are effective after Great American Shops provides you with at least 60 (60) days’ notice of the changes by posting the changes on Great American Shops, email and to sellers dashboard. However, Great American Shops may choose to temporarily change Great American Shops Fees and for services for promotional events (for example, free listing days) and such changes are effective when Great American Shops announces to sellers through seller dashboard or posts the temporary promotional event on Great American Shops website. Great American Shops may, at Great American Shops sole discretion, change some or all of Great American Shops services at any time for any reasonable reason it deems fit. In the event Great American Shops introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).

You may not list any item on Great American Shops (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Private Policy or Prohibited Products and Services.

Notice of Copyright Infringement

Great American Shops has reserved the right, in its sole discretion, to terminate the accounts of users of the Great American Shops Sites who infringe on copyrights of Great American Shops or others. Great American Shops has designated an agent to receive notices of claimed copyright infringement relating to the Great American Shops Sites under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Great American Shops containing the following information:

A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Contact information for the notifying party, including name, address, telephone number, and email address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information to our Designated Agent by accessing the webform on this page.

Payment Account

Payment accounts are only available to individuals who are eligible to be sellers on Great American Shops services and who have a valid credit or debit card on file with Great American Shops, unless they are exempt from this requirement.

All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete once the payment is approved by Great American shops or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.

Funds in a payment account balance are eligible for deposit (the “Available Balance”) into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank.

Unless granted an exception by Great American Shops, Great American Shops requires all seller accounts to provide bank information, credit or debit card for the purposes of verification of their identity and for payment of fees and services rendered.

Payment to sellers is only available to sellers who register and are approved for a payment account. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Sellers authorize us, and authorized agents, to verify the their information (including any updated information) by accessing public records and obtaining credit reports about the sellers in order to approve a payment account. Sellers also authorize Great American Shops to verify the sellers’ information from time to time while the sellers are using Great American Shops payment services.  Great American Shops verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Reporting Obligations

Sellers are responsible for paying all applicable taxes associated with using Great American Shops website and services.

Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for sellers located in the United States or being paid in USD that meet both of the following thresholds in a calendar year (reporting):

A. More than $20,000 USD in gross sales, and
B. More than 200 transactions.

To comply with these regulations, sellers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required to provide taxpayer-identification information to Great American Shops.

Communications

We will inform sellers of each transaction, or of other information pertaining to payments received or disbursed, using our standard communication procedures (detailed in our Electronic Communications Policy), including by email or through tool.

Listing Description

You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Binding Sale

All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity.

Termination

Without limiting any other remedies, Great American Shops, without notice, may suspend or terminate your account if Great American Shops suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Great American Shops policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Great American Shops. If Great American Shops terminates a listing or your account, if you close your account, or if the payment of your seller fees cannot be completed for any reason, you remain obligated to pay Great American Shops for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, Great American Shops reserves the right to attempt to collect past due fees by charging the seller’s card on file. The seller risks additional penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Great American Shops support.

Manipulation

The price stated in each Great American Shops Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item’s price prior to a sale for the purpose of avoiding Great American Shops transaction fees, and hacking into another account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.

Sellers have up to 90 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 90 days will not be honored.

Usage Guidelines

Third Party Content; Identity Verification: You understand that Great American Shops acts only as a marketing platform and technical interface between users and that Great American Shops does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Great American Shops. Great American Shops cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use the Great American Shops at your own risk.

Please use caution, common sense, and practice safe trading when using Great American Shops. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Great American Shops, you agree to accept such risks and that Great American Shops (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Great American Shops

You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Great American Shops. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Great American Shops users, you agree that you shall not market or export your Great American Shops feedback rating in any venue other than a Great American Shops operated website.

Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

Great American Shops uses many techniques to verify the accuracy of the information Great American Shops users provide to Great American Shops when they register on Great American Shops. However, because user verification on the Internet is difficult, Great American Shops cannot and does not confirm each user’s purported identity. Thus, Great American Shops has established a user-initiated feedback system to help you evaluate with whom you are dealing. Great American Shops also encourages you to communicate directly with potential transaction partners through the tools available on Great American Shops. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Access and Interference

Great American Shops may contain robot exclusion headers. Much of the information on Great American Shops is updated on a real time basis and is proprietary or is licensed to Great American Shops by Great American Shops users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Great American Shops for any purpose without our prior express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Great American Shops and the appropriate third party, as applicable;

(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Great American Shops.

Prohibited, Questionable and Infringing Usage
Restricted Activities

Your Activities either as a buyer or a seller which results in Your Information (or any items listed) on Great American Shops shall not:

(a) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;

(b) be false, inaccurate or misleading in any way;

(c) infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

(d) violate any law, statute, ordinance or regulation (including, but not limited to, consumer protection, unfair competition, anti-discrimination or false advertising.

(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) be obscene or contain child pornography

(g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

(h) contain any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(i) link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Great American Shops or; are identical to other items you have for sale but are priced lower;

Miscellaneous Terms and Conditions
Breach

Without limiting other remedies available, Great American Shops may, without prior notice, limit your activity, immediately remove your item listings, warn Great American Shops’s community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

(a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;

(b) Great American Shops is unable to verify or authenticate any of Your Information; or

(c) Great American Shops believes that your actions may cause financial loss or legal liability for you, Great American Shops users or Great American Shops.

No Warranty

GREAT AMERICAN SHOPS, GREAT AMERICAN SHOPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GREAT AMERICAN SHOPS SUPPLIERS PROVIDE GREAT AMERICAN SHOPS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GREAT AMERICAN SHOPS, GREAT AMERICAN SHOPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GREAT AMERICAN SHOPS’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

Limitation On Liability: IN NO EVENT SHALL GREAT AMERICAN SHOPS, AND (AS APPLICABLE) GREAT AMERICAN SHOPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR GREAT AMERICAN SHOPS’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

GREAT AMERICAN SHOPS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GREAT AMERICAN SHOPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GREAT AMERICAN SHOPS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification: YOU AGREE TO INDEMNIFY AND HOLD GREAT AMERICAN SHOPS AND (AS APPLICABLE) GREAT AMERICAN SHOPS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

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    e the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.

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    Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using 'Content here, content here', making it look like readable English. Many deskt

  • Secure Payment Options

    Lorem Ipsum is simply dummy text of the printing and typesetting industry.

  • Secure Payment Options

    e the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.

  • Secure Payment Options

    Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using 'Content here, content here', making it look like readable English. Many deskt

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