Shop Seattle
Terms of Use

Last Updated: June 19, 2019

Welcome to the Shop Seattle Terms of Use (the “Terms”). Please read these Terms carefully because they govern your use of our website www.shoplocal.io (the “Site”) and the services and products available at or through the website.

If you have any questions, contact us at support@shoplocal.io. To make these Terms easier to read, the Site and our products and services are collectively called the “Services.”

Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Services.

Changes to Terms or Services

We may modify the Terms or our Services at any time, in our sole discretion. If we do so, we may let you know by email or by posting notice on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services at any time, and without notice to you, at our sole discretion.

Creating an Account

In order to access and use the Services, you will need to create an account (your “Account”). By creating an Account, you become a “User” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law.

Your Account should be yours – don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed. Keep it real, people.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

User Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) any Content that Users (including you) provide to be made available through the Services.

You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make such Content available to other Users of the Services, who may also use such Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We do not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Services.

User Conduct

We invite you to participate in our community, but ask that you respect other Users just like yourself when posting Content and using the Services.

Play nice!

You Agree NOT to:

  • use language or transmit content that may be considered offensive or profane to other Users. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
  • harass or threaten other Users. Harassing behavior and language includes insults, ethnic or homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another User to experience ridicule, threat, or discomfort.
  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage us, our Users, or any third party;
  • publish any private information of someone (like their address or phone number) without their permission;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements;
  • impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals;
  • solicit a User’s password or other Account information; or
  • harvest User names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exhaustive. We don’t have an obligation to monitor your access to, or use of, the Services, but we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed, or may not be removable (audible content), and copies of your Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.

Payments

Payments are made via Stripe. By using a third-party service, sellers and buyers are also subject to an agreement with the third-party. View the Stripe Privacy and Terms for more information.

We may share your personal or transactional information with Stripe and future third-party service providers when it’s necessary to process payments.

Returns and Exchanges

Sellers are responsible for handling their own sales after the sale is made. Any customer returns/exchange requests, complaints, and product inquiries must be handled by the seller. We will not be held liable for any reported damaged or faulty goods delivered to you.

Seller Terms

Sellers must be over 18 years old. We expect all sellers to be transparent with buyers. Any user of the Site can report a complaint against a seller and these complaints will be investigated. Any violation of these Terms might result in your seller account to be frozen or removed from the Site. All products must be approved before they are published online and made available to purchase online.

Sellers are responsible for:

  • Making sure buyers receive the item(s) they purchased.
  • Collecting and paying any taxes associated with your sales.
  • Maintaining accurate and true information on the Site, including a working email and phone number.
  • Tracking and shipping items sold, with a shipping tracking number and proof of shipment provided to the buyer and/or us upon request.
  • Handling any return/exchange requests complaints, and product inquiries. We are not liable for any goods reported as damaged or faulty upon delivery.

By selling on our Site sellers agree to:

  • Provide an accurate “ships from” address.
  • Indicate your shipping costs and processing time in your listings.
  • Ship items within 14 days of purchase.
  • Comply with all local and international shipping and customs regulations.
  • Mark the order as shipped in your dashboard when you ship it.
    Provide tracking information to Shop Seattle if requested.

Seller Fees

We do not charge a listing fee to post items for sale on the Site. When you sell an item on our Site, 10% of the total cost of that item will be given to us as a commission. The seller keeps the remaining 90%. The shipping or tax fee for the item is not included in the total before the 10% is taken.

 

Prohibited Activities

You may not use our Site or our third party vendor services for activities that:

  • Violate any law, statute, ordinance or regulation.
  • Involve the sale of tobacco, drugs, drug paraphernalia, or medical drugs.
  • Transact in counterfeit goods, fakes, or unauthorized replicas.
  • Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
  • Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
  • Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

Buyer Terms

Buyers must be over 18 years old. Buyers are responsible for reading the full item listing before making a commitment to buy. Buyers enter into a legally binding contract to purchase an item when they commit to buy an item.

Buyers purchase directly from sellers and not from us. We are not responsible for examining or evaluating, and we do not warrant, the offerings of sellers. We do not assume any responsibility or liability for the actions, product, and content of sellers.

You are not permitted to purchase tobacco, drugs, drug paraphernalia, and medical drugs on our Site.

 

Our Non-Profit Donation Program

Our Non-Profit Donation Program (the “Program”) allows Approved Organizations to receive donations from buyers who make Qualifying Purchases on the Site.

Approved Organizations

In order to participate in our Program you must register with us as a non-profit organization. If your registration is approved your organization will be considered an Approved Organization and eligible to receive donations from buyers. Approved Organizations have an ongoing obligation to ensure that all information provided and maintained is complete and accurate. Failure to do so may result in account suspension.

Eligible Organizations

In order to be (and remain) eligible for our Program, organizations must be charitable organizations that we determine are:

  • Qualified under Section 501(c)(3) of the U.S. Internal Revenue Service Code;
  • Public charitable organizations and not private foundations;
  • Not supporting organizations, unless identified specifically as Type 1, Type II, or functionally integrated Type III supporting organizations (as defined in the U.S. IRS Code);
  • Headquartered in the United States (the 50 States and the District of Columbia);
  • In good standing in their state of incorporation and in the states where they are authorized to do business;
  • Not otherwise in violation of the Terns of this Agreement or any other terms governing the use of the Site.

We do not approve organizations if they:

  • Engage in, support, encourage, or promote:
    • Intolerance, discrimination, or discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;
    • Hate terrorism, or violence;
    • Money laundering;
    • Other illegal, deceptive, or misleading activities; and

Qualifying Purchases and Donations

Approved Organization will receive donations from Qualifying Purchases, which generally include purchases on our Site.A Qualifying Purchase does not include any Product purchased after termination of these Terms or for any item that is cancelled or returned.

Donations to Approved Organizations cover Qualifying Purchases in a given calendar quarter. Donations for each calendar quarter will be made approximately 45 days following the end of that quarter.

In order to account for returns, we reserve the right in our sole discretion to withhold a portion of your quarterly donations for disbursement during the next donation cycle, subject to any reductions due to returns or cancellations from prior quarters. If we determine that we have made an overpayment in donations to you as a result of returns not offset by amounts held back to account for returns, or if we determine that you received donations to which you were not entitled as a result of your actions or omissions, we reserve the right, in our sole discretion, to either deduct the amount of the overpayment from any donation amount that is due to you in subsequent donation cycles, and/or to notify you and request reimbursement for any amounts incorrectly paid to you, in which case you hereby agree to reimburse us for such overpayments promptly and in any event within 30 days of such request.

You acknowledge and agree that we are under no obligation to provide you with a report of Qualifying Purchases or donations attributed or earned.

If we determine that you are no longer an Approved Organization or that you or anyone acting on your behalf has violated any term or condition set forth in these Terms, we reserve the right to disburse any donation that would have been made to you instead to one or more other Approved Organizations.

Minimum Amount for Disbursement

We reserve the right to accrue and withhold donations for any Approved Organization until the total donation for that organization is at least $100.00, at which point the accrued and withheld total donations will be paid in full during the next quarterly donation cycle. We will not withhold donations that remain under the $100.00 level for an Approved Organization for longer than four consecutive quarters.


Tax Information

We may be obligated by law to obtain tax information from you. If we request tax information and you do not provide it to us, we may (in addition to other rights or remedies available to us) withhold your donations until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

 

Public Disclosure

You acknowledge and agree that we may or may cause others to publicly disclose (including through a government filing, press release, interview, or any other public statement) the amount of donations provided to you in connection with the Program, provided that such communications shall not tie donation amounts to any individual customer. Except as otherwise provided by any terms governing the Program, you will not issue any press release or make any other public communication with respect to the terms of this Program or your use of intellectual property.


Termination

The term of the Program will begin upon acceptance of the Terms and will end when terminated by either you or us. Either you or we may terminate your involvement in the Program at any time, with or without cause, by giving the other party written notice or termination, which for your termination notice will require a written request to be removed from the program, delivered to support@shoplocal.io, and our termination notice will require either making a notice available for your review on the Site or transmitting email to the email address then-currently associated with your account. We also reserve the right, in our sole discretion, to cancel or otherwise terminate the Program at any time.

Upon any termination, discontinuation or cancellation of or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

No rights or obligations with respect to accrued but unpaid donation obligations will survive any termination of the these Terms, and instead amounts otherwise allocable to you will be allocated and paid to other Approved Organizations.

Our Content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our content (“Our Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Our Content shall include all text, graphics, images, Site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by us or our affiliates.

You have the right to view and access Our Content. However, you may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Our Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or Our Content; or (iii) use the Services or Our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Intellectual Property

The Services contain material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information, and all Our Content. We and any of its licensors exclusively own all right, title, and interest in, and to the Services and Our Content, including all associated intellectual property rights. You acknowledge that the Services and Our Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services and Our Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Our Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

We respect copyright law and expects its visitors and Users to do the same. It is our policy to terminate, in appropriate circumstances, the Accounts of Users who repeatedly infringe the rights of copyright holders.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (iii) 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; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification must be sent to:

Shop Seattle

Attn: Legal Department

4755 Fauntleroy Way SW

Seattle, WA 98126

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Links and Advertisements of Third Party Websites or Resources

The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless us, or our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by emailing us at support@shoplocal.io. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at www.shoplocal.io /privacy-policy.

Termination

We may terminate your access to and use of the Services and Account at our sole discretion, at any time and without notice to you.

Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER SHOP SEATTLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOP SEATTLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL SHOP SEATTLE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO SHOP SEATTLE FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SHOP SEATTLE, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to support@shoplocal.io.

  1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
  2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
  3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information

If you have any questions regarding these Terms, please email us at support@shoplocal.io.