Terms of Service

1. Acceptance of Terms

By accessing, browsing, and using The Pickers Map website and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service. We reserve the right to refuse service to anyone at any time.

2. Description of Service

The Pickers Map is an online advertising and listing platform that allows users to post and discover estate sales, garage sales, moving sales, and similar events. We provide the platform only for displaying these listings. The Pickers Map does NOT organize, conduct, manage, supervise, or participate in any sale, transaction, or event listed on our platform. We are not a party to any transaction between buyers and sellers. We make no representations regarding the legality, quality, safety, or authenticity of any listed sale or items for sale.

3. Eligibility

To use The Pickers Map, you must be at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are under 18, you are not permitted to use the Service.

4. User Accounts

If you create an account on The Pickers Map, you are responsible for maintaining the confidentiality of your login credentials and password. You agree to accept responsibility for all activities and actions that occur under your account. You must provide accurate, current, and complete information when registering and maintain this information throughout your use of the Service. You agree to notify us immediately of any unauthorized use of your account.

5. User Content

By posting listings, images, descriptions, or any other content to The Pickers Map, you grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your content on our platform and in our marketing materials. You are solely responsible for the accuracy, legality, and truthfulness of any content you post. You represent that you own or have the right to post all content you submit. The Pickers Map reserves the right to remove any content at our sole discretion without notice, including content that violates these terms or applicable law. We are not responsible for any content posted by users.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited conduct:

• Posting fraudulent, misleading, or false listings or content
• Listing items that are illegal or prohibited by law
• Engaging in harassment, threatening behavior, or abuse toward other users
• Scraping, crawling, spidering, indexing, or automatically accessing our platform or its data by any means, whether through bots, scripts, browser extensions, APIs, or any automated or manual process, without our prior written consent
• Copying, republishing, redistributing, syndicating, or displaying any data, listings, images, or content from The Pickers Map on any other website, application, platform, print publication, or service, whether for commercial or non-commercial purposes, without our prior written consent
• Building, compiling, or contributing to any database, directory, dataset, or collection using data obtained from The Pickers Map
• Using data obtained from The Pickers Map to contact sellers, buyers, or companies for solicitation, marketing, recruitment, or competitive purposes
• Interfering with the operation, performance, availability, or functionality of the Service, including through denial-of-service attacks, injection attacks, or excessive automated requests
• Posting spam, advertisements, or promotional content unrelated to sales
• Using the platform for any unlawful purpose or in violation of any law
• Circumventing security measures, rate limits, access controls, or gaining unauthorized access to any part of the Service or its systems
• Reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, or data structures of the Service
• Creating a competing service or product using information, data, design elements, or ideas obtained from The Pickers Map
• Framing, mirroring, or otherwise incorporating any part of The Pickers Map into another website or application without our written permission

7. Data Protection & Anti-Scraping

All data, listings, sale information, company profiles, images, map data, user-generated content, and any other information available on The Pickers Map (collectively, "Platform Data") is the proprietary property of The Pickers Map or its users and is protected by copyright, database rights, trade secret law, and other intellectual property laws.

You are strictly prohibited from scraping, harvesting, crawling, mining, extracting, copying, downloading (in bulk), or collecting Platform Data through any automated or manual means, including but not limited to: web scrapers, bots, spiders, crawlers, browser automation tools, headless browsers, screen-capture or screen-recording tools used for data collection, APIs (whether ours or third-party), browser extensions, data extraction services, or any other technology or method.

You may not republish, redistribute, license, sell, transmit, display, or make available any Platform Data on any other website, mobile application, API, feed, database, social media account, print publication, or any other medium without our express, prior written consent.

Liquidated Damages: You acknowledge that any unauthorized scraping, copying, or redistribution of Platform Data causes irreparable harm to The Pickers Map that is difficult to quantify. Accordingly, you agree that in addition to any other legal or equitable remedies, The Pickers Map shall be entitled to liquidated damages of $500 per page accessed in violation of this section and $1,000 per listing or data record copied, scraped, or redistributed in violation of this section, plus all costs of enforcement including reasonable attorneys' fees. You agree that these amounts are a reasonable estimate of the damages caused and not a penalty.

Injunctive Relief: You agree that any violation of this section would cause irreparable injury to The Pickers Map for which monetary damages would be insufficient, and you consent to The Pickers Map obtaining injunctive or other equitable relief without the requirement of posting a bond or proving actual damages.

8. Platform Role & No Liability for Sales

The Pickers Map is solely an online advertising and listing platform. We are NOT an estate sale company, auctioneer, broker, agent, appraiser, or intermediary. We do not organize, host, manage, staff, supervise, inspect, verify, or participate in any sale, auction, or event listed on our platform. We do not employ, contract with, endorse, certify, or control any estate sale company, seller, or service provider listed on or connected through our platform.

We do not set prices, negotiate terms, handle payments between buyers and sellers, guarantee the condition or authenticity of any items, verify the identity or credentials of any user, or provide escrow or dispute resolution services.

Any interaction, transaction, agreement, or dispute between users, including between buyers and sellers, homeowners and estate sale companies, or any other parties, is exclusively between those parties. The Pickers Map has no involvement in, responsibility for, or liability arising from any such interaction.

9. Listing Accuracy

The Pickers Map does not verify, validate, confirm, or guarantee the accuracy, completeness, legality, or truthfulness of any listings, company profiles, reviews, or other user-provided content posted to our platform. Sale dates, addresses, item descriptions, photos, seller contact information, company credentials, and all other details are provided solely by users and may contain errors, omissions, or inaccuracies. We make no warranty or representation regarding the accuracy or completeness of any listing or user content. You use all listings and information on this platform entirely at your own risk and should independently verify any information before relying on it.

10. Assumption of Risk

By using The Pickers Map in any capacity — including browsing listings, attending any sale or event, posting listings, hiring an estate sale company, or engaging with any user — you acknowledge and agree that you do so entirely at your own risk.

The Pickers Map is not responsible for, and you release The Pickers Map from any and all liability related to: personal injury or death; property damage, loss, or theft; fraud, scams, or misrepresentation by any user; items that are counterfeit, stolen, defective, or not as described; disputes over pricing, payment, or ownership; health or safety hazards at sale locations; trespassing, parking violations, or nuisance claims; failure of an estate sale company to perform services; inaccurate, misleading, or incomplete listings; any financial loss arising from transactions or interactions; emotional distress or harassment by other users; and any other harm, damage, or loss of any kind.

You assume all risk associated with using the Service. You agree that The Pickers Map is not liable for the acts, omissions, conduct, or behavior of any user, seller, buyer, estate sale company, or third party.

11. Disclaimer of Warranties

THE PICKERS MAP SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE, OR COMPLETE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE SERVICE FOR ANY PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PICKERS MAP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICKERS MAP, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, LOST DATA, REPUTATIONAL HARM, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE ACTUALLY PAID TO THE PICKERS MAP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00 USD). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Pickers Map, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) any content you post or submit; (c) your attendance at any sale or event listed on the platform; (d) any dispute with another user or seller; or (e) any violation of these Terms of Service or applicable law.

14. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of The Pickers Map shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration and Mediation Services Rules, or if JAMS is unavailable, by AAA (American Arbitration Association). The arbitration shall take place in Cook County, Illinois, unless otherwise agreed.

CLASS ACTION WAIVER: You agree that arbitration shall be conducted on an individual basis only. You waive any right to participate in any class action, class arbitration, or representative action against The Pickers Map. You agree not to consolidate claims with any other person's claims.

15. Intellectual Property

All content on The Pickers Map platform, including but not limited to the website design, layout, text, graphics, logos, images, code, and functionality, is owned by or licensed to The Pickers Map and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, display, or transmit any content without our prior written permission. The Pickers Map and associated logos are trademarks of The Pickers Map.

16. Third-Party Links

The Pickers Map may contain links to third-party websites and resources. We are not responsible for the availability, accuracy, content, or practices of external sites. Your use of third-party sites is at your own risk and subject to their terms of service and privacy policies. We do not endorse or guarantee any third-party content.

17. Payments, Subscriptions & Refunds

Certain features of the Service may require payment, including but not limited to: sale promotion tiers, Pro company subscriptions, and premium features. All payments are processed by Stripe, Inc. and are subject to Stripe's terms of service.

Subscriptions: If you subscribe to a recurring plan (such as the Pro plan), you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period. No partial refunds will be issued for the remaining portion of a billing period.

One-Time Purchases: Sale promotions and other one-time purchases are non-refundable once the promotion has been activated and the sale has been listed. If a sale is canceled before the promotion period begins, you may request a refund at our discretion.

Price Changes: We reserve the right to change our pricing at any time. Existing subscriptions will be honored at their current rate until the next renewal period, at which point the new pricing will apply. We will provide at least 30 days' notice before any price increase takes effect.

18. Termination

We may suspend or terminate your account and access to The Pickers Map at any time, for any reason or no reason, without notice or liability. This includes termination for violation of these Terms of Service, illegal activity, fraud, abuse, or at our sole discretion. Upon termination, you must cease all use of the Service.

19. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any legal action or proceeding shall be subject to the arbitration and dispute resolution provisions in Section 12 above.

20. Changes to Terms

The Pickers Map reserves the right to modify these Terms of Service at any time. We will update the "Last updated" date at the top of this page when changes are made. Your continued use of the Service after any modifications constitutes your acceptance of the updated terms. We encourage you to review these terms periodically.

21. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

22. Entire Agreement

These Terms of Service, together with our Privacy Policy, Disclaimer, Acceptable Use Policy, Cookie Policy, and DMCA Policy, constitute the entire agreement between you and The Pickers Map regarding your use of the Service. These terms supersede all prior agreements, representations, and understandings between you and The Pickers Map, whether written or oral. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

23. Contact

If you have any questions, concerns, or feedback regarding these Terms of Service or The Pickers Map, please contact us at Support@ThePickerMap.com.