1. Terms of Service
<p> Last updated: Oct 20, 2023 </p> <p> Please read these Terms of Service ("Terms") carefully before using the www.fretlessbuy.com website (the "Website") operated by Jeremy Conway, DBA Fretless Buy, a Sole Proprietorship formed in Massachusetts, United States ("us," "we," "our"). Our Terms of Service contain important information regarding the limitations of our liability. Your access to and use of this website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Website. </p> <p> <strong>Buyer Responsibilities</strong> </p> <p> Buyers acknowledge that Fretless Buy is a facilitator that connects buyers with sellers offering various products. Buyers are responsible for carefully reviewing item descriptions, conditions, images, and return policies provided by sellers before making a purchase. </p> <p> <strong>Seller Obligations</strong> </p> <p> Sellers are responsible for setting their own return policies for their products. Buyers should familiarize themselves with each seller's return policy before purchasing. Fretless Buy does not determine or enforce return policies for individual sellers. </p> <p> <strong>Item Representation</strong> </p> <p> Buyers acknowledge that Fretless Buy does not independently verify item descriptions, conditions, or images provided by sellers. Buyers are encouraged to contact sellers directly for any clarifications or additional information about items. </p> <p> <strong>Dispute Resolution</strong> </p> <p> In a dispute between buyers and sellers regarding item representation, condition, or any other issue, both parties are encouraged to communicate directly and work toward a resolution. Fretless Buy is not responsible for mediating disputes between buyers and sellers but encourages fair and open communication. </p> <p> <strong>Misrepresentation Reporting</strong> </p> <p> Buyers are encouraged to report any instances of misrepresented items to Fretless Buy. Misrepresentation reports will be reviewed, and appropriate action will be taken against sellers found to have violated our policies. </p> <p> <strong>Marketplace Role</strong> </p> <p> Buyers understand that Fretless Buy serves as a facilitator and does not take ownership of items listed by sellers. Fretless Buy's role is to provide a platform for sellers to connect with buyers. </p> <p> <strong>Account Suspension</strong> </p> <p> Buyers found to have violated Fretless Buy's policies, including abusive behavior or misuse of the platform, may face account suspension. </p> <p> <strong>Our Offers and Pricing</strong> </p> <p> We offer goods, services, and digital products on this Website. The price of these goods, services, and digital products is as follows: The costs of items listed on the marketplace are determined by individual sellers and may vary. The platform does not set or control these prices but facilitates the exchange between buyers and sellers. This price does not include all applicable taxes and other fees. </p> <p> <strong>Purchases</strong> </p> <p> When making a purchase on the Website, Stripe will collect and process your payment information. We are not responsible for your billing information's collection, use, sharing, or security by Stripe. </p> <p> The third-party payment processor accepts the following payment methods: American Express, Discover, MasterCard, and Visa. </p> <p> You confirm that you have legal authority to use payment methods, and the information provided to us and third-party processors is accurate and complete. </p> <p> <strong>Tax Collection and Reporting</strong> </p> <p> We have implemented measures to comply with tax regulations. </p> <p> <strong>Sales Tax Calculation</strong> </p> <p> Tax Calculation Disclaimer: If we are required to collect sales tax on purchases in any U.S. state, we may rely on TaxJar, a third-party service, for accurate tax calculations. However, we do not guarantee their accuracy or completeness, and we are not liable for any errors or inaccuracies in the calculations. </p> <p> <strong>Annual 1099 Reporting</strong> </p> <p> Our partnership with Stripe allows us to help sellers submit their annual 1099 tax form, which consolidates payment activities, to the IRS and state government. It's important to note that sellers who earn $600 or more are required to file this form. </p> <p> <strong>Seller Notification</strong> </p> <p> We will provide each seller with a copy of the filed 1099 form, ensuring accurate income reporting and tax compliance. Please note that we facilitate tax calculations and reporting only, and do not provide tax advice. We advise users to consult tax professionals for personalized guidance. </p> <p> <strong>Cancellation Policy</strong> </p> <p> We may cancel your purchase at our sole discretion for reasons including fraud, inaccuracies, and unavailability. If we do cancel, we will refund the full purchase price without notice. </p> <p> <strong>Refund Policy</strong> </p> <p> We do not offer refunds on any purchases made on this Website. </p> <p> <strong>Shipping Policy</strong> </p> <p> When you buy our products, the shipping logistics will be determined by the seller or a designated third party. If a third-party shipping provider is involved, their specific Terms of Service and other relevant policies will apply. </p> <p> Shipping costs vary based on the seller's choice of company and speed. Contact the seller for questions. They usually estimate costs ahead of time and factor them into the item's price. </p> <p> Additionally, the duration it takes for the products to reach you will be determined by the seller's chosen shipping method. The Website does not guarantee any delivery date for any item. </p> <p> <strong>Advance Payments</strong> </p> <p> We may ask for an advance payment on purchases made on our website. This is a partial payment to cover our expenses for the goods, services, or digital products. If you cancel, we will refund the advance payment. </p> <p> <strong>NO WARRANTY ON PURCHASES</strong> </p> <p> THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. </p> <p> <strong>Remedies</strong> </p> <p> You agree that if there is a breach of the Terms of Service regarding your purchase, your options will be: repair, replacement, price reduction, or rejecting the goods, services, or digital products. </p> <p> You agree to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below for any breach of this Terms of Service related to your purchase. </p> <p> <strong>Accounts</strong> </p> <p> By creating an account on our website, you confirm that you are at least 18 years old and that the information you provide is accurate, complete, and up-to-date. Providing inaccurate, incomplete, or outdated information may result in the immediate termination of </p> <p> We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us at support@fretlessbuy.com. </p> <p> <strong>Comments and Uploading Content</strong> </p> <p> By submitting a comment or uploading content on this Website, you grant Fretless Buy a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute the comment or content. You agree that such content or comments may be viewed by other parties. It is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information or violate any laws, rules, or regulations. Fretless Buy reserves the right to remove any content or comment at any time at its sole discretion. </p> <p> The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our website: </p> <p> Content that harasses others. </p> <p> Content that is discriminatory or offensive. </p> <p> Swearing, name-calling, and otherwise abusive content. </p> <p> Pornographic and sexually explicit content. </p> <p> Content displaying, depicting, or suggesting violence. </p> <p> Content that exploits or abuses children. </p> <p> Content encouraging or committing illegal acts. </p> <p> Content sharing personal information without consent. </p> <p> Content infringing on someone’s rights, including intellectual property rights. </p> <p> Content advertising products or services without our permission. </p> <p> Content whose purpose is spamming others. </p> <p> <strong>Prohibited Uses</strong> </p> <p> You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms always. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses: </p> <p> Impersonating or attempting to impersonate Jeremy Conway, DBA Fretless Buy, or its employees, representatives, subsidiaries, or divisions. </p> <p> Misrepresenting your identity or affiliation with any person or entity. </p> <p> Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material. </p> <p> Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability. </p> <p> Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website. </p> <p> Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website. </p> <p> Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose. </p> <p> Using any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials. </p> <p> Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website. </p> <p> Attempting to attack or attack the Website via a denial-of-service attack or a distributed denial-of-service attack. </p> <p> Otherwise attempting to interfere with the proper working of the Website. </p> <p> Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations. </p> <p> <strong>NO WARRANTY ON THE WEBSITE</strong> </p> <p> THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. </p> <p> <strong>Availability, Errors, and Inaccuracies</strong> </p> <p> We are not responsible for any errors or inaccuracies in the information, products, or services provided on this Website. We may experience delays in updating information on this Website and other websites. The information, products, and services found on the Website may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any pricing errors on our website. The inclusion or offering of any product or service on this Website does not constitute our endorsement or recommendation. </p> <p> <strong>DAMAGES AND LIMITATION OF LIABILITY</strong> </p> <p> IN NO EVENT SHALL JEREMY CONWAY, DOING BUSINESS AS FRETLESS BUY, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE. THIS ALSO INCLUDES ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, EVEN IF JEREMY CONWAY, DOING BUSINESS AS FRETLESS BUY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </p> <p> IF, DESPITE THE LIMITATION ABOVE, JEREMY CONWAY, DBA FRETLESS BUY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF JEREMY CONWAY, DBA FRETLESS BUY WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO JEREMY CONWAY, DBA FRETLESS BUY IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. </p> <p> THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF JEREMY CONWAY, DBA FRETLESS BUY. </p> <p> THE AGGREGATE LIABILITY OF JEREMY CONWAY, DBA FRETLESS BUY ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE NUMBER OF FEES ACTUALLY RECEIVED BY JEREMY CONWAY, DBA FRETLESS BUY. </p> <p> <strong>GOVERNING LAW, SEVERABILITY, DISPUTE RESOLUTION, VENUE, AND CLASS ACTION WAIVER</strong> </p> <p> <strong>Governing Law</strong> </p> <p> These Terms of Service and your use of the Website shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. </p> <p> <strong>Severability</strong> </p> <p> If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Any such provisions shall be modified to the minimum extent necessary to make them enforceable and valid while still preserving the intent of the parties. </p> <p> <strong>Dispute Resolution</strong> </p> <p> Any dispute arising out of or relating to these Terms, the Website, or any related services shall be resolved through arbitration, conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. </p> <p> The arbitration shall take place in the county of Suffolk, Massachusetts, and the decision of the arbitrator shall be final and binding. Each party shall bear their own costs associated with arbitration. </p> <p> <strong>Venue</strong> </p> <p> You agree that any legal action or proceeding between you and Jeremy Conway, DBA Fretless Buy shall be brought exclusively in the state or federal courts located in the county of Suffolk, Massachusetts. You hereby consent to the personal jurisdiction of such courts for the purpose of resolving any such disputes. </p> <p> <strong>Class Action Waiver</strong> </p> <p> You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right you may have to participate in any class action, class arbitration, or any similar representative proceeding. </p>