McAllen Garage Sales - Terms of Service

Last Updated: April 29, 2025

Welcome to McAllen Garage Sales! These Terms of Service ("Terms") govern your access to and use of the mcallengaragesales.com website and its associated services (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Introduction & Definitions

• Provider: Refers to McAllen Garage Sales ("we", "us", "our"), the owner and operator of mcallengaragesales.com.
• Customer: Refers to any user, whether a shopper or seller, who has paid for any of the Provider's services.
• User: Refers to any visitor to our website who has registered for an account.
• Visitor: Refers to any person visiting any page of our website, regardless of whether they are authenticated, anonymous, or have paid for services.
• Service: Refers to the website mcallengaragesales.com, including all content, features, and paid services offered.
• Content: Refers to text, images, information, or other materials posted, generated, provided, or otherwise made available through the Service by Users or Customers.

2. User & Customer Obligations

Acceptable Use: You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Service.

Intellectual Property Respect: You agree to respect the intellectual property rights of the Provider and third parties. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Service content in any way except for your own personal, non-commercial use, unless explicitly permitted by us.

Prohibited Activities: You agree not to use the Service to:

• Engage in any illegal activities or solicit the performance of any illegal activity.
• Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.

Client Content Responsibility: Any Content created, posted, submitted, or otherwise made available by a User or Customer on the Service is the sole responsibility of that User or Customer. You are entirely responsible for all Content that you upload, post, list, email, transmit, or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity, or quality of such Content.

3. Paid Services

We offer optional paid services to enhance your experience.

Garage Saler Plus Subscription:

• Available on a monthly or annual subscription basis.
• Includes access to all premium features currently available at the time of subscription and any new premium features released during the active subscription term.

Premium Listing Upgrade:

• A one-time fee applicable to a single garage sale listing.
• The upgrade must be redeemed within 30 days of purchase for a specific listing.
• The upgrade can only be applied once per listing.
• The upgrade benefits apply to all registered users associated with that specific listing; separate purchases per user for the same listing are not required.
• The Premium Listing Upgrade fee is non-refundable.
• Postponement: If the garage sale associated with a Premium Listing Upgrade is postponed, the upgrade will remain associated with the rescheduled sale, provided it occurs. The upgrade cannot be transferred to a different, new listing.
• Cancellation: If the garage sale associated with a Premium Listing Upgrade is cancelled and does not take place, and the User/Customer has not posted any Content to their listing prior to cancellation, we may, at our sole discretion, issue a credit applicable to one future Premium Listing Upgrade within the next 30 days. No cash refunds will be provided.

Subscription Plans (Garage Saler Plus - Monthly/Annual):

• Cancellation: Customers can cancel their subscription at any time through their account settings or by contacting support.
• Refunds: Subscription fees are non-refundable. There are no prorated refunds for partial subscription terms. Upon cancellation, your subscription will remain active until the end of the current paid term.

Premium Listing Upgrades: As stated above, fees for Premium Listing Upgrades are non-refundable under any circumstances, except for the potential discretionary credit outlined in the cancellation policy.

4. Intellectual Property

The Service and its original content (excluding Content provided by Users/Customers), features, and functionality are and will remain the exclusive property of McAllen Garage Sales and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of McAllen Garage Sales.

You retain ownership of any intellectual property rights that you hold in the Content you submit to the Service. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed.

5. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by McAllen Garage Sales.

McAllen Garage Sales has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that McAllen Garage Sales 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 web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

6. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Specific grounds for termination include, but are not limited to:

• Violation of these Terms of Service.
• Harassment of any kind towards other users, customers, or our staff. Harassment will not be tolerated.
• Engaging in or facilitating any illegal activities through the Service. Any suspected illegal activities will be reported to the appropriate law enforcement authorities.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimer of Warranties; Limitation of Liability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

McAllen Garage Sales, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

In no event shall McAllen Garage Sales, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Indemnification

You agree to defend, indemnify, and hold harmless McAllen Garage Sales and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

9. Support Policy

Support for the Service is available via email or through the contact form on our website.

• Email: mail@mcallengaragesales.com
• Contact Form: https://mcallengaragesales.com/help/contact

We aim to respond to support requests in a timely manner but do not guarantee specific response times.

10. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, act of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Hidalgo County, Texas, and you hereby consent to the jurisdiction and venue of such courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us:

• Via our Contact Page: https://mcallengaragesales.com/help/contact
• Via Email: mail@mcallengaragesales.com
• Via Mail: PO Box 6769, McAllen, TX 78502