Terms of use

AZboutiques LLC. User Agreement language

AZboutiques LLC. User Agreement language
Sellers within AZboutiques.com must have a physical retail location within the state of Arizona.  We reserve the right to not activate and or delete any boutique profile without notice.
By using the azboutiques.com web site ("AZ Boutiques" or the “Site”), you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"). If you have any questions, please contact info@azboutiques.com.
Before you may become a member of AZ Boutiques, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on February 21, 2009 for current users, and upon acceptance for new users.

1.  Membership Eligibility

You must possess a physical retail location within the state of Arizona.  Age: AZ Boutiques is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by AZ Boutiques policies as stated in the Agreement and these AZ Boutiques policies:

AZ Boutiques will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If AZ Boutiques removes or disables access in response to such a notice, AZ Boutiques will make a good-faith attempt to contact the user so that they may make a counter notification.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify AZ Boutiques of any unauthorized use of your password or any breach of security. You also agree that AZ Boutiques cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on AZ Boutiques, you must have a valid email address and mailing address or PayPal account.
Right to Refuse Service: AZ Boutiques services are not available to temporarily or indefinitely suspended AZ Boutiques members. AZ Boutiques reserves the right, in AZ Boutiques sole discretion, to cancel unconfirmed or inactive accounts. AZ Boutiques reserves the right to refuse service to anyone, for any reason, at any time. AZ Boutiques reserves the right to edit, change or delete content from any sellers profile, if such content conflicts with Terms of Service.

2. AZ Boutiques Provides a Marketplace (Venue)

AZ Boutiques acts as a venue to allow users who comply with AZ Boutiques policies to offer, sell, and buy certain merchandise within a fixed price format.  AZ Boutiques has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. AZ Boutiques requires that the seller have a physical retail location in the state of Arizona. AZ Boutiques cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, AZ Boutiques does not transfer legal ownership of items from the seller to the buyer. AZ Boutiques cannot guarantee the true identity, age, and nationality of a user. AZ Boutiques encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that AZ Boutiques is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on AZ Boutiques. You use the AZ Boutiques service at your own risk.

3. Fees and Services

Joining and setting up a shop on AZ Boutiques is free. AZ Boutiques charges an all inclusive 9.5% fee as a percentage of the sale price when the item sells.  Fees are deducted electronically via our ecommerce partner Sellcast. When you list an item you have an opportunity to review and accept the fee that you will be charged. AZ Boutiques fee, which is subject to change, is incorporated into this Agreement by reference. Changes to the fee rate for AZ Boutiques services are effective after AZ Boutiques provides you with at least fourteen (7) days' notice via email. However, AZ Boutiques may choose to temporarily change the Fee for promotional events (for example, Discounted fee days); such changes are effective when AZ Boutiques posts the temporary promotional event on the site. AZ Boutiques may, at AZ Boutiques sole discretion, change some or all of AZ Boutiques services at any time. In the event AZ Boutiques introduces a new service, the fees for that service are effective at the launch of the service.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with AZ Boutiques policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item for sale in that listing.
Boutique Policies: All sellers are urged to outline shop policies for their AZ Boutiques Profile/Store. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All Boutique/Store policies must comply with AZ Boutiques’ site-wide policies. Sellers are responsible for enforcing their own reasonable Boutique/Store policies. AZ Boutiques reserves the right to request that a seller modify a Profile/Store policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to AZ Boutiques and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on AZ Boutiques.
Restricted Activities: Your Content and your use of AZ Boutiques shall not:
1.  Be false, inaccurate or misleading
2.  Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3.  Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, AZ Boutiques Copyright and Intellectual Property Policy).
4.  Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5.  Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6.  Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7.  Be obscene or contain child pornography
8.  Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9.  Host images not part of a listing
10.  Modify, adapt or hack AZ Boutiques or modify another website so as to falsely imply that it is associated with AZ Boutiques
11.  Appear to create liability for AZ Boutiques or cause AZ Boutiques to lose (in whole or in part) the services of AZ Boutiques ISPs or other suppliers
12.  Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.

6. Content License:

AZ Boutiques does not claim ownership rights in your Content. You grant AZ Boutiques a license solely to enable AZ Boutiques to use any information or Content you supply AZ Boutiques with, so that AZ Boutiques is not violating any rights you might have in that Content. You grant AZ Boutiques a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow AZ Boutiques to store or re-format your Content on AZ Boutiques and display your Content on AZ Boutiques in any way as AZ Boutiques chooses. AZ Boutiques will only use personal information in accordance with AZ Boutiques Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from AZ Boutique buyers. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for AZ Boutiques-related communications. AZ Boutique has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any AZ Boutique user to your email or physical mail list. For more information, see AZ Boutiques Privacy Policy.
Re-Posting Content: By posting Content on AZ Boutiques, it is possible for an outside website or a third party to re-post that Content. You agree to hold AZ Boutiques harmless for any dispute concerning this use. If you choose to display your own AZ Boutique-hosted image on another website, the image must provide a link back to its listing page on AZ Boutiques.

7. Information Control

AZ Boutiques does not control the Content provided by users that is made available on AZ Boutiques. You may find some Content to be offensive, harmful, inaccurate, or deceptive. 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 AZ Boutiques, you agree to accept such risks and that AZ Boutiques (and AZ Boutiques officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on AZ Boutiqus. Please use caution, common sense, and practice safe buying and selling when using Etsy.
Other Resources: AZ Boutiques is not responsible for the availability of outside websites or resources linked to or referenced on the Site. AZ Boutiques does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that AZ Boutiques shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release

In the event a dispute arises between you and AZ Boutiques, please contact info@azboutiques.com
Should you have a dispute with one or more users, or an outside party, you release AZ Boutiques (and AZ Boutiques officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. AZ Boutiques encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
AZ Boutqiues, for the benefit of users, may try to help users resolve disputes. AZ Boutiques does so in AZ Boutiques sole discretion, and AZ Boutiques has no obligation to resolve disputes between users or between users and outside parties. To the extent that AZ Boutiques attempts to resolve a dispute, AZ Boutiques will do so in good faith based solely on AZ Boutiques policies. AZ Boutiques will not make judgments regarding legal issues or claims.

9. AZ Boutiques Intellectual Property

AZ Boutiques, and other AZ Boutiques graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of AZ Boutiques, LLC. in the U.S. and/or other countries. AZ Boutiques trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

AZ Boutiques may contain robot exclusion headers which contain internal rules for software usage. Much of the information on AZ Boutiques is updated on a real-time basis and is proprietary or is licensed to AZ Boutiques by AZ Boutiques users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access AZ Boutiques for any purpose without AZ Boutiques prior express written permission. Additionally, you agree that you will not:
1.  Take any action that imposes, or may impose, in AZ Boutiques sole discretion, an unreasonable or disproportionately large load on AZ Boutiques infrastructure
2.  Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses from the Site without the prior expressed written permission of AZ Boutiques and the appropriate third party, as applicable
3.  Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4.  Bypass AZ Boutiques robot exclusion headers or other measures AZ Boutiques may use to prevent or restrict access to AZ Boutiques

11. Breach

Without limiting any other remedies, AZ Boutiques may, without notice, and without refunding any fees, delay or immediately remove Content, warn AZ Boutiques community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
AZ Boutiques suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement; AZ Boutiques is unable to verify or authenticate any of your personal information or Content; Or AZ Boutiques believes that a user is acting inconsistently with the letter AZ Boutiques policies, has engaged in improper or fraudulent activity in connection with AZ Boutiques or the actions may cause legal liability or financial loss to AZ Boutiques users and or to AZ Boutiques.

12. Privacy

Except as provided in AZ Boutiques Privacy Policy, AZ Boutiques will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. AZ Boutiques’ boutiques/stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

AZ BOUTIQUES, AZ BOUTIQUES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AZ BOUTIQUES SUPPLIERS PROVIDE AZ BOUTIQUES WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AZBOUTIQUES, AZ BOUTIQUES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AZ BOUTIQUES’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM AZ BOUTIQUES SHALL CREATE ANY WARRANTY. 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.

14.  Liability Limit

IN NO EVENT SHALL AZ BOUTIQUES, AND (AS APPLICABLE) AZ BOUTIQUES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AZ BOUTIQUES’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, AZ BOUTIQUES SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD AZ BOUTIQUES AND (AS APPLICABLE) AZ BOUTIQUES 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.

16.  No Guaranty

AZ Boutiques does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside AZ Boutiques control.

17. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of AZ Boutiques’ service and your listing, purchase, solicitation of offers to purchase, and sale of items.

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and AZ Boutiques are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. AZ Boutiques Service

AZ Boutiques reserves the right to modify or terminate the AZ Boutiques service for any reason, without notice, at any time. AZ Boutiques reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, AZ Boutiques will notify you via email to the email address in your account. What constitutes a "material change" will be determined at AZ Boutiques’ sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Arizona and disputes arising under this Agreement will be adjudicated by the courts of the State of Arizona.

22. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (AZ Boutiques Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.