Terms & Conditions
You are entering into this Agreement with Pieceaheart, LLC (as applicable “Pieceaheart”, “We”, “Our”, or “Us”). When You (individually, or the entity that You represent, each a “User”) access Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms or agreements referenced herein. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent. Capitalized terms are as defined throughout this Agreement. As We may modify any terms herein at any time You should periodically visit this page to review all current terms.
Please read these terms carefully as they contain, to the extent legally allowable in Your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
This Agreement applies to all Pieceaheart services (collectively, the “Service(s)”). The Service provides an online e-commerce marketplace where users can list and sell items (Your “Content”). In using the Service Users enter into a contract for the sale and purchase of Items directly between themselves, and Pieceaheart is not a party to such sale or purchase.
There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Pieceaheart. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service. The Service is not available to minors (people under the age of majority in their state or province of residence).
I. Use of Services
We grant You a limited, non-exclusive, non-transferable, and revocable license to use Our Services—subject to the Terms and the following restrictions in particular.
- Do Not Use Our Services to Break the Law. You agree that You will not violate any laws in connection with Your use of the Services. This includes any local, state, federal, and international laws that may apply to You. For example, it is Your responsibility to obtain any permits or licenses that Your account requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of Your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; and You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Pieceaheart, another Pieceaheart user, or a third party.
- Responsibility for your account. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security. Pieceaheart will not be liable for any loss or damage arising from your failure to comply with this Section.
- Product Listing fee and Registration fee are payable upon product listing. Upon sale, the sale price will be remitted to the vendor after deduction of transaction fee and withdrawal charges.
- Product vendors will be responsible to disclose and maintain their shipping policy through the store manager, terms of refund and returns.
- Pay Your Bills. You are responsible for paying all fees that You owe to Pieceaheart. Except as set forth below, You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales You make through Our Services. In addition, Pieceaheart will calculate, collect, and remit sales tax where applicable. Purchased items may be subject to applicable taxes in your jurisdiction, which Pieceaheart will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Pieceaheart is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on Items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Pieceaheart does not collect taxes on your behalf.
- Don’t Steal Our Stuff. You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Pieceaheart retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Pieceaheart’s intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Pieceaheart Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Pieceaheart. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pieceaheart.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt Our Services, for example by distributing a virus or other harmful computer code.
- Share Your Ideas. We love Your suggestions and ideas! They can help Us improve Your experience and Our Services. Any unsolicited ideas or other materials You submit to Pieceaheart (not including Your Content or items You sell through Our Services) are considered non-confidential and non-proprietary to You. You grant Us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.
- Talk to Us Online. From time to time, Pieceaheart will provide You with certain legal information in writing. By using Our Services, You’re agreeing to Our Electronic Communications Policy, which describes how We provide that information to You. It says that We can send You information electronically (such as by email) instead of mailing You paper copies (it’s better for the environment), and that Your electronic agreement is the same as Your signature on paper.
- Termination By You. We’d hate to see You go, but You may terminate Your account with Pieceaheart at any time from Your account settings. Terminating Your account will not affect the availability of some of Your Content that You posted through the Services prior to termination. Oh, and You’ll still have to pay any outstanding bills.
- Termination By Pieceaheart. We may terminate or suspend Your account (and any accounts Pieceaheart determines are related to Your account) and Your access to the Services should We have reason to believe You, Your Content, or Your use of the Services violate Our Terms. If We do so, it’s important to understand that You don’t have a contractual or legal right to continue to use Our Services, for example, to sell or buy on Our websites or mobile apps. Generally, Pieceaheart will notify You that Your account has been terminated or suspended, unless You’ve repeatedly violated Our Terms or We have legal or regulatory reasons preventing Us from notifying You.
- If You or Pieceaheart terminate Your account, You may lose any information associated with Your account, including Your Content.
- The Terms will remain in effect even after Your access to the Service is terminated, or Your use of the Service ends.
III. Disputes Resolution:
These rules will govern any legal dispute involving Our Services:
- Governing Law. The Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world You live, but if You live outside of the United States, You may be entitled to the protection of the mandatory consumer protection provisions of Your local consumer protection law.
- Arbitration. Pieceaheart is always interested in resolving disputes amicably and efficiently. If You have any concerns or disputes please email customer support. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Pieceaheart, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days You or Pieceaheart may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US $10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is USD $10,000 or less, at your request, Pieceaheart will pay all Arbitration Fees. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Massachusetts law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
- Severability, Headings, Non-waiver. The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Pieceaheart will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
- Forum. We’re based in Massachusetts, so any legal action against Pieceaheart related to Our Services must be filed and take place in Suffolk County, Massachusetts. For all actions under the AAA Rules, the proceedings may be filed where Your residence is, or in Suffolk County, Massachusetts, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, You and Pieceaheart agree to submit to the personal jurisdiction of a state or federal court located in Suffolk County, Massachusetts.
- Government Exception. If You are a government agent or entity in the United States using the Services in Your official capacity, and You are legally unable to agree to the clauses in this section, then those clauses do not apply to You. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Massachusetts.
- Modifications. If We make any changes to this “Disputes with Pieceaheart” section after the date You last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Pieceaheart prior to the date the changes became effective. Pieceaheart will notify You of substantive changes to the “Disputes with Pieceaheart” section at least 30 days prior to the date the change will become effective. If You do not agree to the modified terms, You may send Pieceaheart a written notification (including email) or close Your account within those 30 days. By rejecting a modified term or permanently closing Your account, You agree to arbitrate any disputes between You and Pieceaheart in accordance with the provisions of this “Disputes with Pieceaheart” section as of the date You last accepted the Terms, including any changes made prior to Your rejection. If You reopen Your closed account or create a new account, You agree to be bound by the current version of the Terms.
- Items. You understand that Pieceaheart does not manufacture, store, or inspect any of the items sold through Our Services. We provide the platform; the items in Our marketplace are produced, listed, and sold directly by independent sellers, so Pieceaheart cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item You purchase must be brought directly against the seller of the item. You release Pieceaheart from any claims related to items sold through Our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
- Content. You may come across materials that You find offensive or inappropriate while using Our Services. We make no representations concerning any content posted by users through the Services. Pieceaheart is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that You accessed through the Services. You release Us from all liability relating to that content.
- People. You can use the Services to interact with other individuals, either online or in person. However, You understand that We do not screen users of Our Services, and You release Us from all liability relating to Your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if You are meeting someone in person.
- If Pieceaheart gets sued because of something that You did, You agree to defend and indemnify us. That means You will defend Pieceaheart (including any of Our employees) and hold Us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from Your actions, Your use (or misuse) of Our Services, Your breach of the Terms, or You or Your account’s infringement of someone else’s rights.
- We reserve the right to handle Our legal defense however We see fit, even if You are indemnifying us, in which case You agree to cooperate with Us so We can execute Our strategy.
VI. Disputes with Other Users.
- If You find Yourself in a dispute with another user of Pieceaheart’s Services or a third party, We encourage You to contact the other party and try to resolve the dispute amicably.
- Pieceaheart will attempt to help You resolve disputes in good faith and based solely on Our interpretation of Our policies, in Our sole discretion; We will not make judgments regarding legal issues or claims. Pieceaheart has no obligation to resolve any disputes.
- Release of Pieceaheart. You release Pieceaheart from any claims, demands, and damages arising out of disputes with other users or parties.
VII. Questions, Comments
Please contact us with any questions, comments, or to report a violation of this Agreement: