Terms & Conditions

1. ACCEPTANCE OF TERMS AND CONDITIONS

These Terms and Conditions ("Terms," "Agreement," or "Terms of Use") constitute a legally binding agreement between you ("User," "you," or "your") and Prime Partners Group, LLC, a Florida limited liability company doing business as 4EstateSale.com ("Company," "we," "us," or "our"), governing your access to and use of the website located at https://www.4estatesale.com and all related services, features, content, and applications (collectively, the "Platform").

BY ACCESSING, BROWSING, OR USING THE PLATFORM IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING THE WEBSITE, CREATING AN ACCOUNT, POSTING A LISTING, SUBSCRIBING TO ANY SERVICE, OR CLICKING "I AGREE" OR ANY SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

These Terms apply to all Users of the Platform, including without limitation: (a) estate sale companies; (b) auction companies; (c) individual sellers; (d) professional service providers; (e) browsers and visitors; and (f) any other person or entity who accesses or uses the Platform in any capacity.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into binding contracts under applicable law, and, if acting on behalf of a business entity, have the authority to bind such entity to these Terms.

2. PLATFORM DESCRIPTION AND ADVERTISING-ONLY DISCLAIMER

THE PLATFORM IS STRICTLY AN ADVERTISING AND LISTING SERVICE.

4EstateSale.com provides a venue where estate sale companies, auction companies, individual sellers, and professional service providers may advertise their sales, auctions, services, and merchandise to the public. The Platform facilitates connections between advertisers and prospective buyers or clients. THE PLATFORM DOES NOT CONDUCT, MANAGE, ORGANIZE, OR PARTICIPATE IN ANY ESTATE SALE, AUCTION, BUYOUT, OR ANY OTHER TRANSACTION ADVERTISED ON THE PLATFORM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) The Company is NOT a party to any transaction between Users, buyers, sellers, estate sale companies, auction companies, or any other parties;

(b) The Company does NOT own, possess, inspect, appraise, authenticate, value, or have custody of any item or property listed or advertised on the Platform;

(c) The Company does NOT verify, endorse, guarantee, or warrant the accuracy, completeness, legality, quality, safety, or authenticity of any listing, advertisement, item, service, or content posted by any User;

(d) The Company does NOT employ, supervise, direct, manage, or control any estate sale company, auction company, individual seller, or service provider that advertises on the Platform;

(e) The Company has NO responsibility or liability for the conduct, actions, omissions, representations, warranties, or guarantees of any User or third party;

(f) The Company does NOT guarantee the completion of any sale, auction, or transaction, nor the performance of any service advertised on the Platform;

(g) Any contract, agreement, or arrangement arising from the use of the Platform is exclusively between the respective parties to that transaction, and the Company is not a party thereto;

(h) The Company does NOT provide legal, financial, tax, appraisal, or any other professional advice;

(i) Users hiring companies or individuals found through the Platform do so entirely at their own risk and discretion.

THE COMPANY ACTS SOLELY AS AN INTERMEDIARY ADVERTISING PLATFORM AND ASSUMES NO LIABILITY WHATSOEVER FOR ANY ASPECT OF ANY TRANSACTION, INTERACTION, OR RELATIONSHIP BETWEEN USERS OR BETWEEN USERS AND THIRD PARTIES.

3. USER ACCOUNTS AND REGISTRATION

To access certain features of the Platform, you may be required to create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your account; and (e) immediately notify us of any unauthorized use of your account or any other breach of security.

You may not: (a) create more than one account without our prior written consent; (b) use another User's account without express permission; (c) transfer your account to any third party without our prior written consent; or (d) create an account using false or misleading information.

We reserve the right to suspend, disable, or terminate any account at any time, for any reason or no reason, with or without notice, including but not limited to breach of these Terms, suspected fraudulent or illegal activity, or failure to pay subscription fees.

4. SUBSCRIPTION TERMS AND PAYMENT PROVISIONS

Certain features and services on the Platform require a paid monthly subscription ("Subscription"). By subscribing, you agree to the following:

(a) Subscription Fees. You agree to pay all applicable Subscription fees as posted on the Platform at the time of your enrollment. Subscription fees are charged on a monthly recurring basis to the credit card you provide. All fees are quoted and payable in United States Dollars (USD).

(b) Automatic Renewal. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE. By subscribing, you authorize us to charge your credit card on file for each renewal period at the then-current Subscription rate.

(c) Price Changes. We reserve the right to change Subscription fees at any time upon thirty (30) days' prior notice. Your continued use of the Platform after the effective date of a price change constitutes your acceptance of the new pricing.

(d) No Refunds. ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. No refunds, credits, or prorations will be provided for partial months, unused services, downgraded accounts, or early termination, except as required by applicable law.

(e) Payment Authorization. By providing your credit card information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information current.

(f) Late Payments and Failed Charges. If any payment is not received on time, or if any charge to your payment method is declined, we reserve the right to: (i) suspend or terminate your access to the Platform; (ii) charge a late payment fee; and (iii) pursue collection of all amounts owed, including reasonable attorneys' fees and collection costs.

(g) Taxes. You are responsible for paying all applicable taxes, levies, and duties arising from your use of the Platform and Subscription.

(h) Free Trials and Promotional Offers. Any free trial or promotional period is subject to the terms and limitations specified at the time of the offer. Unless you cancel before the trial period ends, your Subscription will automatically convert to a paid Subscription and you will be charged the applicable Subscription fee.

5. USER REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITIES

By using the Platform, you represent, warrant, and covenant that:

(a) All information, content, listings, advertisements, and materials you post or submit through the Platform are true, accurate, complete, current, and not misleading in any respect;

(b) You have all necessary rights, licenses, permits, and authority to post the content and advertise the items, sales, auctions, or services listed;

(c) Your listings and advertisements do not infringe upon or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;

(d) All items advertised are legally owned by you or the party you represent, are free from undisclosed liens, encumbrances, or claims, and are legally permitted to be sold;

(e) You will comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Platform and any sale, auction, or transaction;

(f) You will not use the Platform to engage in, promote, or facilitate any illegal, fraudulent, deceptive, or unfair business practices;

(g) You will not misrepresent your identity, qualifications, licensing, bonding, insurance, experience, or business status;

(h) If you are an estate sale company or auction company, you represent and warrant that you hold all required licenses, permits, bonds, and insurance to operate in your jurisdiction, and you will maintain such credentials for the duration of your use of the Platform;

(i) You will conduct all transactions honestly, ethically, and in good faith;

(j) You are solely responsible for the accuracy, pricing, condition, description, and legality of all items and services you advertise on the Platform;

(k) You will promptly remove or update any listing that is no longer accurate or available.

ANY BREACH OF THESE REPRESENTATIONS AND WARRANTIES SHALL CONSTITUTE A MATERIAL BREACH OF THESE TERMS AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT, FORFEITURE OF ALL FEES PAID, AND LIABILITY FOR ALL DAMAGES SUFFERED BY THE COMPANY AND THIRD PARTIES.

6. PROHIBITED CONDUCT AND CONTENT

You agree that you will NOT:

(a) Post any listing, advertisement, or content that is false, fraudulent, misleading, deceptive, or constitutes "bait and switch" tactics;

(b) Misrepresent the nature, condition, value, provenance, authenticity, or availability of any item, sale, or service;

(c) Post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, pornographic, or otherwise objectionable;

(d) Post content that violates the Fair Housing Act, the Americans with Disabilities Act, or any federal, state, or local anti-discrimination law;

(e) Impersonate any person or entity, or falsely represent your affiliation with any person or entity;

(f) Post content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;

(g) Transmit any viruses, malware, worms, or other malicious code;

(h) Engage in data mining, scraping, crawling, or use of automated tools to access or extract data from the Platform;

(i) Attempt to gain unauthorized access to the Platform's computer systems, networks, or data;

(j) Interfere with or disrupt the Platform or servers or networks connected to the Platform;

(k) Send unsolicited commercial communications or spam through the Platform;

(l) Use the Platform for any purpose that is illegal or prohibited by these Terms;

(m) Manipulate prices, bids, or engage in shill bidding or any form of auction fraud;

(n) Collect personal information of other Users without their express consent;

(o) Circumvent, disable, or otherwise interfere with security-related features of the Platform;

(p) Resell, sublicense, or commercially exploit access to the Platform without our prior written consent.

We reserve the right to investigate, and cooperate with law enforcement authorities in the prosecution of, any suspected violations of these Terms, including suspected fraudulent, illegal, or harmful activity.

7. CONTENT OWNERSHIP, LICENSE, AND USAGE RIGHTS

(a) User Content. You retain ownership of all content, listings, images, text, videos, and other materials you post on the Platform ("User Content"). However, by posting User Content on the Platform, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform your User Content in connection with the Platform and the Company's business operations, including without limitation for promotional, marketing, and advertising purposes.

(b) Company Content. All content, features, and functionality of the Platform, including but not limited to the website design, text, graphics, logos, icons, images, audio clips, software, source code, databases, and compilation thereof (collectively, "Company Content"), are the exclusive property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

(c) No Unauthorized Use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company Content except as expressly permitted by these Terms.

(d) DMCA Compliance. If you believe that any content on the Platform infringes your copyright or intellectual property rights, please notify us immediately in writing with the following information: (i) a description of the copyrighted work; (ii) the location of the infringing material on the Platform; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is unauthorized; and (v) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

8. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL CONTENT, FEATURES, SERVICES, AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(b) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;

(c) ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;

(d) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, LISTING, INFORMATION, OR SERVICE PROVIDED THROUGH THE PLATFORM;

(e) ANY WARRANTY REGARDING THE QUALITY, LEGALITY, SAFETY, AUTHENTICITY, CONDITION, OR VALUE OF ANY ITEM ADVERTISED ON THE PLATFORM;

(f) ANY WARRANTY REGARDING THE QUALIFICATIONS, LICENSING, BONDING, INSURANCE, COMPETENCE, HONESTY, OR RELIABILITY OF ANY USER, ESTATE SALE COMPANY, AUCTION COMPANY, SELLER, OR SERVICE PROVIDER ON THE PLATFORM;

(g) ANY WARRANTY REGARDING THE OUTCOME OR RESULTS OF ANY SALE, AUCTION, OR TRANSACTION FACILITATED THROUGH THE PLATFORM.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, OR TRANSACTION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON LISTINGS, ADVERTISEMENTS, REPRESENTATIONS, OR CONTENT POSTED BY OTHER USERS IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

(c) WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR:

(i) ANY ACTS, OMISSIONS, CONDUCT, MISREPRESENTATIONS, FRAUD, NEGLIGENCE, OR WILLFUL MISCONDUCT OF ANY USER, ESTATE SALE COMPANY, AUCTION COMPANY, INDIVIDUAL SELLER, BUYER, SERVICE PROVIDER, OR ANY OTHER THIRD PARTY;

(ii) THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY, CONDITION, OR VALUE OF ANY ITEM ADVERTISED OR SOLD THROUGH OR IN CONNECTION WITH THE PLATFORM;

(iii) ANY PROPERTY DAMAGE, PERSONAL INJURY, DEATH, THEFT, OR OTHER HARM ARISING FROM OR RELATING TO ANY ESTATE SALE, AUCTION, BUYOUT, OR OTHER TRANSACTION OR EVENT;

(iv) ANY DISPUTE BETWEEN USERS OR BETWEEN A USER AND A THIRD PARTY;

(v) ANY LOSS, DAMAGE, OR INJURY ARISING FROM YOUR DECISION TO HIRE, ENGAGE, OR TRANSACT WITH ANY COMPANY OR INDIVIDUAL FOUND THROUGH THE PLATFORM;

(vi) ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY LISTING OR ADVERTISEMENT;

(vii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR DATA.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, COURT COSTS, EXPERT WITNESS FEES, AND COSTS OF INVESTIGATION) ARISING OUT OF OR RELATING TO:

(a) Your use of or access to the Platform;

(b) Your User Content or any content you post, submit, or transmit through the Platform;

(c) Any listing, advertisement, sale, auction, or transaction you conduct through or in connection with the Platform;

(d) Your violation or alleged violation of these Terms;

(e) Your violation of any applicable law, regulation, or ordinance;

(f) Your violation of any third-party rights, including intellectual property, privacy, publicity, or contractual rights;

(g) Any misrepresentation, fraud, or deceptive practice by you;

(h) Any claim by a buyer, seller, or other third party arising from an estate sale, auction, or other transaction in which you participated or which you advertised on the Platform;

(i) Your negligence, willful misconduct, or breach of any representation or warranty;

(j) Any dispute between you and another User or third party.

This indemnification obligation shall survive the termination of your account and these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

11. DISPUTE RESOLUTION

(a) Mandatory Pre-Dispute Mediation. Before filing any claim, lawsuit, or proceeding arising out of or relating to these Terms, the Platform, or any transaction conducted through the Platform, the parties shall first attempt to resolve the dispute through good faith mediation. Either party may initiate mediation by providing written notice to the other party. Mediation shall be conducted in Miami-Dade County, Florida, by a mutually agreed-upon mediator. If the parties cannot agree on a mediator within fifteen (15) days, a mediator shall be appointed by the American Arbitration Association. Each party shall bear its own costs of mediation, and the mediator's fees shall be split equally between the parties. No lawsuit or proceeding may be filed until at least sixty (60) days after mediation has been initiated or the mediator has declared an impasse, whichever occurs first.

(b) Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

(c) Exclusive Jurisdiction and Venue. You irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida for the adjudication of any dispute arising out of or relating to these Terms or the Platform. You waive any objection to jurisdiction and venue in such courts, including any argument that the forum is inconvenient.

(d) WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT: (i) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; (ii) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (iii) IT MAKES THIS WAIVER VOLUNTARILY; AND (iv) IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

(e) Class Action Waiver. YOU AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

(f) Statute of Limitations. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE PERMANENTLY BARRED.

(g) Injunctive Relief. Notwithstanding the foregoing, the Company reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the Company's intellectual property rights, data security, or confidential information.

(h) Attorney's Fees. In any action or proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party.

12. PRIVACY AND DATA PROTECTION

(a) Data Collection. By using the Platform, you acknowledge and agree that we may collect, use, store, and process personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.

(b) User Consent. By creating an account and using the Platform, you consent to the collection and use of your information in accordance with our Privacy Policy and applicable data protection laws.

(c) Data Security. While we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that no method of electronic transmission or storage is 100% secure, and you use the Platform at your own risk.

(d) Third-Party Sharing. We may share your information with third-party service providers who assist us in operating the Platform. We are not responsible for the privacy practices of third-party websites, services, or advertisers linked to or from the Platform.

(e) Communication Consent. By creating an account, you consent to receive electronic communications from us, including emails, notifications, and text messages related to your account, Subscription, and the Platform. You may opt out of promotional communications but not transactional communications.

(f) Compliance. We strive to comply with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and other applicable state and federal privacy regulations.

13. TERMINATION

(a) Termination by User. You may terminate your account at any time by contacting us or through the account settings on the Platform. Termination does not entitle you to any refund of Subscription fees previously paid.

(b) Termination by Company. We may, in our sole and absolute discretion, suspend, restrict, or terminate your account and access to the Platform at any time, for any reason or no reason, with or without notice, including but not limited to: (i) breach of these Terms; (ii) suspected fraudulent, abusive, or illegal activity; (iii) prolonged inactivity; (iv) failure to pay Subscription fees; (v) at the request of law enforcement; or (vi) for any other reason we deem appropriate.

(c) Effect of Termination. Upon termination: (i) your right to access and use the Platform shall immediately cease; (ii) all licenses granted to you under these Terms shall immediately terminate; (iii) you remain liable for all amounts owed prior to termination; (iv) all provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions.

(d) Content Removal. Upon termination, we reserve the right, but have no obligation, to delete your account, User Content, and all related data. We are not liable for any loss of content or data resulting from termination.

(e) No Liability. The Company shall not be liable to you or any third party for any termination or suspension of your account or access to the Platform.

14. THIRD-PARTY LINKS AND SERVICES

The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services. Links to such websites or services do not constitute an endorsement by the Company.

Any dealings you have with third parties found through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the applicable third party. The Company shall not be responsible or liable for any loss, damage, or harm of any sort incurred as the result of any such dealings or the presence of such third-party links on the Platform.

15. MODIFICATIONS TO TERMS AND PLATFORM

(a) Modification of Terms. We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Changes will be effective immediately upon posting of the revised Terms on the Platform. Your continued use of the Platform after any such changes constitutes your binding acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically for changes.

(b) Modification of Platform. We reserve the right to modify, suspend, or discontinue any aspect of the Platform, including any service, feature, content, or functionality, at any time and without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform or any part thereof.

16. ASSUMPTION OF RISK

You expressly acknowledge and assume all risks associated with:

(a) Using the Platform and relying on any listing, advertisement, or content posted thereon;

(b) Hiring, engaging, or transacting with any estate sale company, auction company, individual seller, or service provider found through the Platform;

(c) Attending any estate sale, auction, or event advertised on the Platform;

(d) Purchasing, selling, or bidding on any item advertised on the Platform;

(e) Providing access to your home, property, or personal belongings to any company or individual found through the Platform;

(f) Any physical injury, property damage, theft, loss, or other harm that may occur in connection with any sale, auction, or event.

YOU AGREE THAT THE COMPANY HAS NO DUTY TO INVESTIGATE, VET, VERIFY THE CREDENTIALS OF, OR PERFORM BACKGROUND CHECKS ON ANY USER, COMPANY, OR INDIVIDUAL USING THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE BEFORE ENGAGING WITH ANY PARTY.

17. RELEASE OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

(a) Any transaction, interaction, or dispute between you and another User or any third party;

(b) Any estate sale, auction, buyout, or event advertised on the Platform;

(c) Any act, omission, negligence, fraud, misrepresentation, or misconduct of any User, estate sale company, auction company, seller, buyer, or third party;

(d) Any property damage, personal injury, death, theft, or loss arising from any sale, auction, or event.

YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR ANY ANALOGOUS LAW OF ANY OTHER JURISDICTION), WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

18. ELECTRONIC COMMUNICATIONS AND NOTICES

By using the Platform and/or creating an account, you consent to receive electronic communications from us (e.g., via email or posting on the Platform). These communications may include notices about your account, Subscription, transactional information, and changes to these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All notices to the Company under these Terms must be sent to the Company's registered address or by email to the contact information provided on the Platform.

19. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, civil unrest, labor disputes, power outages, internet or telecommunications failures, cyberattacks, or any other force majeure event.

20. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and, if necessary, reform the provision to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

21. WAIVER

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by the Company of any breach of these Terms shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by an authorized representative of the Company to be effective.

22. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to the subject matter hereof.

23. ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms, in whole or in part, without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

24. CONTACT INFORMATION

If you have any questions, concerns, or inquiries regarding these Terms, the Platform, or your account, please contact us through the contact information provided on the Platform at https://www.4estatesale.com.

These Terms of Service were last updated on May 7, 2026.

© 2026 Prime Partners Group, LLC. All rights reserved.