Table of Contents

We are so happy and excited that you are here. If you are reading this, we can only assume that you are interested in becoming a Seller here at Simple Efforts. This document is an extension of our Terms of Use and has been tailored to isolate our policies and expected conduct for our Sellers. By becoming a Seller, you agree to our Sellers Terms of Use, our general Terms of Use, and all corresponding documents. All Sellers are expected to adhere to the following policies when listing products on Simple Efforts. Seller offenses and prohibited content can result in suspension or termination of your Simple Efforts account.

By using SimpleEffortsMarket.com, you agree to these Terms, and fully understand that they are a legally binding contract between you and Simple Efforts, LLC (“Simple Efforts Market”, “us”, “our”, and “we”), applicable to all access portals owned, operated, branded, or made available by SimpleEffortsMarket.com (also referred to as “Simple Efforts”, or “SEM”). In any instance that we use the terms “Site” or “Services” we are referring to SimpleEffortsMarket.com and all of the services, and/or content found within, or in relation to it. You may not use the Site if you do not possess the right, authority, or capacity to enter into this agreement, or if you are not at least 18 years of age.

We care about all our Sellers. We value the input and contributions you make to our Site. Your happiness is amongst our top priorities, and we want our collaboration to be as smooth, stimulating, and mutually beneficial as possible. We operate with the best intentions and look forward to learning from each other and growing together. If any issues should arise, know you can reach out to us at simpleeffortsmarket@gmail.com, and we will do everything in our power to resolve the issue. On that note there are a few rules, regulations, and general knowledge we have designed, explicitly for Sellers, that we must go over to ensure a safe and professional workspace for all.

  1. You will be required to provide information and/or material about your entity, business, products or Services, as well as any other requested information. Upon submission, and at any point throughout your use of our Site and Services you agree and understand that you are legally responsible to submit true, accurate, current and complete information and material, and swiftly amend all information and material to reflect any changes and maintain its integrity. You understand that failing to do so may result in rejection, suspension, cancellation, or termination of any pending or existing accounts. Please be aware that any falsifying of information or materials, is strictly prohibited.
  2. You are liable for your account and all associated activity. In the event that there are multiple persons operating one account, the person whose financial information is on the account will be deemed as the primary account holder and will ultimately be held responsible for all account activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts cannot be transferred without prior written approval from SEM.
  3. As a Seller, you consent to and grant authorization to SEM, and its affiliates, to contact you via electronic communication, or other forms of communication. SEM also reserves the right to share your information amongst any affiliates of the Site in accordance with our Privacy Policy but will usually request direct consent in this scenario. If you receive information in relation to any users, Sellers, or any other affiliates, you agree that you will only use the information for the intended purposes of which it was provided. You may not use it for marketing purposes or disclose, sell, rent, or distribute any of the therefore mentioned parties’ information to any third- party for purposes unrelated to our Site and Services without the direct consent of the party in reference. Sellers are provided the option to opt out of communication deemed unnecessary to operations, but please understand that a goal of this Site is to bring like minds together to improve the quality of our induvial businesses, as well as aid in creating a more sustainable circular economic model. To make that a reality, here at Simple Efforts Market, we must communicate with each other. If you do not wish to be involved in these conversations, then we may ask you to reconsider your interest in working with our Site.
  4. You, the account holder, understand that it is solely your responsibility to maintain the confidentiality and security of the account. The account holder is also responsible for all authorized or unauthorized account activity conducted under their account. If any suspicious activity should occur, the account holder agrees and accepts that they are responsible for immediately relaying to SEM if they feel, or hold information, that there has been a breach of security, or any of their (or our) information has been compromised.
  5. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial amount of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
  6. You understand that these Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Simple Efforts Market. If you have any questions or concerns, please feel free to contact us.
  1. As a Seller on our Site, you agree to all of the following;

You will not:

  • breach, break, or circumvent any local, state, federal, or international laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • post false, inaccurate, misleading, deceptive, defamatory, obscene, offensive, or libelous content;
  • use unapproved payment entities
  • attempt to damage or abuse another Seller, their listings or ratings;
  • attempt to influence customers’ ratings, feedback, and reviews;
  • send unsolicited or inappropriate communications;
  • contact customers except through Buyer-Seller Messaging;
  • attempt to circumvent our sales process;
  • act unfairly and/or  misuse SEM’s features or Services including (i.e., but not limited to, fail to ship items as promised, or provide broke, damaged, defective, or mis-described items, or otherwise deceive or mislead another member;
  • manipulate the price of any item;
  • post or promote any content that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, in nature;
  • transfer your account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm or interfere with SEM, our operations, or the interest or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our source codes or Services for any purpose, except with the prior permissions directly from us;
  • interfere with the functioning of our Services;
  • post links, directly or indirectly, that lead to other Sites that include content that may violate the Terms;
  • export or re-export any SEM applications or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe any of our Intellectual Property Rights that belong to or are licensed to SEM. Actions that may constitute infringement include, but are not limited to, reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belong to Simple Efforts Market or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • harvest or collect any information about users without their consent;
  • or circumvent any technical measures used to provide our Services.

Violating these Terms, or any of our other policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges.

By listing a product for sale on SEM you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. SEM assumes no responsibility for the accuracy, labeling, or content of your listings.

Market Standards

As a company we do our best to ensure a safe and authentic experience for our buyers. As a part of that experience you must provide great customer service and maintain trust with those purchasing from, and interacting with, your shop. If your shop fails to meet those standards, SEM will reach out to you for further guidance or possible consequence.

 By selling on SEM, you agree to:

  1. Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
  2. Respond to Messages in a timely manner.
  3. Honor the commitments you make in your shop policies.
  4. Resolve disagreements or disputes directly with the buyer.
  5. If you are unable to complete an order, you must notify the buyer and cancel the order.

Returns & Cancellations

You (as Seller) authorize SEM to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

  • An SEM generated return shipping label is used, and the Seller is responsible for its cost;
  • Returns have been automated;
  • You fail to send your buyer a return shipping label and, instead, an SEM generated shipping label is used;
  • A transaction is cancelled, and to refund the buyer, you (as Seller) authorize SEM to request that the payment entity remove the refund amount (in same or other currency) from your account.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by SEM;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any SEM Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • the duration or way your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Content

Content” means any and all information or content that you submit via the Site or Services. You are solely responsible for your Content. You assume all risk associated with the use of your Content. You represent and warrant that your Content does not violate our Terms. You may not state or imply that your content is in any way provided, sponsored, or endorsed by SEM without direct prior consent.

You release SEM of any liability your Content may warrant. We are not obligated to backup any Content; you are solely responsible for creating backups of your Content if you so wish to have them.

You grant, and you represent and warrant that you have the right to grant, to SEM and irrevocable, non-exclusive, royalty-free, worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use your Content and to grant sublicenses of the foregoing, solely for the purposes of including your Content in the Site and Services. You agree to irrevocably waive, and cause to be waived, any claims and assertions of moral rights of attribution with respect to your Content.

Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

  1. Permission to Use Your Content. By posting Your Content through our Services, you grant SEM a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help SEM function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree SEM may offer you or SEM buyers promotions on the Site, from time to time, that may relate to your listings.
  2. Rights You Grant SEM.(Here’s the legalese version of the last section). By posting Your Content, you grant SEM a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote SEM, your SEM shop, or the Services in general, in any formats and through any channels, including across any SEM Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
  3. Reporting Unauthorized Content.SEM has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If you believe that someone is, through the use of our Site and Services is unlawfully infringing the copyright(s) in a work please contact us @ simpleeffortsmarket@gmail.com so that we may get the work removed and handle the user accordingly. In the case that this happens, you will need to provide the necessary proof of copyrights in addition to any other documentation that we may request such as:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice, or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens.

Intellectual Property

Simple Efforts Market is the sole owner or lawful licensee of all the rights and interest in the Site and the Site Content. All of our intellectual property rights are protected under the worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with SimpleEffortsMarket.com, our affiliates or licensors. All rights not otherwise claimed under the Terms or by SEM are hereby reserved. You acknowledge that all intellectual property rights, including copyrighted, patents, trademarks, and trade secrets, excluding your Content, in the Site and Serviced are owned by SEM or SEM licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

The name “Simple Efforts Market” and any other SEM marks, phrases, logos, text, graphics, designs, any additional content that we use in connection with our Services (the SEM trademark), are trademarks service marks or trade dress of SEM. Please do not use our trademark without direct prior consent from us.

Do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. Pretty much if you the intellectual property does not belong to you do not use it in any way without direct consent from the owner. We respect your rights, so we ask that you do the same for us and others.

If you believe that someone is, through the use of our Site and Services is unlawfully infringing the copyright(s) in a work please contact us at support@simpleeffortsmarket.com so that we may get the work removed and handle the user accordingly. In the case that this happens, you will need to provide the necessary proof of copyrights in addition to any other documentation that we may request such as:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • third

We love suggestions and Ideas that help us evolve our Site and your experience within it, however we hope you understand that any unsolicited ideas or other materials you submit to SEM (not including your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Limitations of Liability & Warranties

As hard as we work to keep our Site running up to standard, we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Site at you on risk, and that you understand our Services are available on an “AS-IS” and an “AS AVAILABLE” basis. SEM does not manufacture, store, or inspect any of the items that are sold through our Services, and merely act as a neutral network for independent sellers and buyers to interact. Therefore, SEM cannot, and does not, to the maximum extent of the law, make any warranties about the quality, safety, or even the legality of the goods sold on our Site. You release SEM from and claims in relation to items purchased through our Site and agree that any legal, liability, or other claims must be brought directly against you, the seller. We are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect. Or consequential damages) resulting directly or indirectly, punitively, incidentally, or consequentially from:

  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by SEM;
    delays or disruptions in our Services;
  • viruses, harmful software, or any damage obtained by accessing or linking to our Services.
  • your interactions with other individuals
  • your interaction with third-party services (such as Facebook, Instagram, Twitter, etc.) and or products that we do not own or control. You accept that when using or accessing any third party services it I at your own risk and that you may be subjected to the individual terms and conditions of the third-party in question. If there are any links on our Site that lead to third-party sites, the moment you leave our Site we are no longer liable for anything that takes place on the sites you were routed to.

Listing Conditions

Before any shops or listings are made public, they must obtain approval through our review process. This is to maintain and ensure the ethics and integrity of our Site. Though we try to review each shop, and/or product(s) as swiftly as possible, the duration of time of which it may take for your product to be approved or denied may vary, based on several different factors. With this in mind, we thought it best to provide an outline of our baseline listing conditions for all shops and products to expedite the process. When listing an item for sale on our Services, you agree to comply with SEM’s listing policies and Selling practices.

 

  1. You may not post or sell any item that is restricted or prohibited by a federal, state, or local law in any country or jurisdiction. Please be aware that YOU, AS THE SELLER, ARE RESPONSIBLE FOR ENSURING THAT YOU ARE NOT SUBMITTING AN ITEM FOR POSTING AN ITEM THAT IS PROHIBITED BY LAW IN ANY JURISDICTION. Unless otherwise indicated and annotated accordingly below, the list of prohibited and restricted items as listed shall be applicable SEM.
    1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs;
    2. Animal Products and Human Remains;
    3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons;
    4. Hate Items: Items that Promote, Support, or Glorify Hatred (Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance.);
    5. Illegal Items, Items that encourage illegal activities (e.g. lock pick tools, synthetic urine for cheating drug tests), and Highly Regulated Items;
    6. Internationally Regulated Items;
    7. Pornography and Mature Content;
    8. Violent Items: Items that Promote, Support, or Glorify Violence;
    9. Items that do not offer a physical product or service for sale, such as digital currencies and advertisements solely for the purpose of collecting user information.
  2. SEM has also chosen to prohibit the following:
    (a) Lotteries
    (b) Stocks, bonds, investment interests, and other securities;
  3. Simple Efforts Market in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions. As we review every product proposed for listing, we will decide if something is an exception or appropriate on a per item basis. We will provide you with the details and reasoning behind our decision in the occurrence that we deny the posting of a product.
  4. You grant SEM the authority to revise product data associated with listings to supplement, remove, or revise information.

Our goal is to create a marketplace where customers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

    • buyer’s location, search query, browsing site, and history;
    • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • Seller’s history, including listing practices, Detailed Seller Ratings, SEM policy compliance, Feedback, and defect rate; and
    • number of listings matching the buyer’s query.
  1. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
  1. In the event of inconsistency, ambiguity or conflict of the contents of this policy with any other terms of the Simple Efforts platform, the decision of SEM exercised in its absolute discretion shall always prevail.

Seller's Fees

Here at SEM we use a commission based model, meaning Sellers will be charges fees for using some services. There are fees associated with selling, advertising, and other SEM features offered but Simple Efforts. You can access this information on our Seller’s Fees Page.

Here We Are Again. The Boring Legal Stuff.

Yes, yes, we know, this entire document is boring legal stuff, but for us to operate at our best, we must protect ourselves, in turn protecting the people around us, and the planet. Please read this section carefully as it affects your rights and will have a substantial impact on how claims you and SEM have against each other are resolved.

1. Governing Law

Upon using our Services, you agree and understand that our Terms, and any claim or disputes that have arisen, or may arise between you and SEM, except as otherwise stated in this Agreement, are governed by the laws of the state of Texas, without regard to principles of conflict of law, and the laws of the United States of America. Venue for all disputes and litigation shall be in Travis County, Texas. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection law.

2. Indemnity

You agree to defend and Indemnify us, our affiliates, directors, employees, agents, and representatives, and to hold them harmless, from any, and all damages, losses, claims and liabilities (including legal cost and or any accrued fees) that have been brought on by a third party due to, or arising out of you use, or misuse, of our Services, your content, your participation in a transaction, your breach of our Terms and/or any Additional  Agreements, your breach of any laws or rights of a third party.

 

SEM reserves the right to handle, at your expense, our defense as we see fit, in any case of which you are required to indemnify us. You agree to cooperate with us under these circumstances and agree not to settle any matters concerning us without direct prior consent from SEM.

3. Dispute Resolution

SEM is here to serve you. We are more than happy to investigate and work through any qualms that you may have. By agreeing to our Terms of use, you also agree with our Arbitration Clause, which requires you to resolve all disputes, or claims that have, or may arise between you and Simple Efforts, through final and binding individual arbitration, using the English Language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect(those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA rules here), unless otherwise required by law.

In sum this means that you waive any right to have any disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative or private attorney general actions or proceedings, unless you and SEM agree otherwise. You are only permitted to seek relief (including monetary, injunctive, and declaratory) on an individual basis to the extent necessary to satisfy the claim. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator may not consolidate any person’s or party’s claim with another, or preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Payments for any and all reasonable filing, administrative, and arbitrator fees will be the responsibility of the filing party, or in accordance with the Consumer Arbitration rules, and in the case of CEDR, its rules. In the case that the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SEM for all fees associated with the arbitration paid by SEM.

We are based in Austin, Texas, so any legal action against SEM related to our Services must be filed and take place in Travis County, Texas, or a mutually agreed upon location.

If an arbitrator or court decide that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

Disputes With Other Users

If you find yourself in a dispute with another user of our Site and Services or a third party, we highly encourage that you contact the other party and try to resolve the dispute amicably.

If you find that you are unable to resolve the dispute please feel free to contact us at support@simpleeffortsmarket.com and we will attempt to help to resolve the issue in good faith and based solely on our interpretations of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. SEM has no obligations to resolve any disputes.

You release SEM from any claims, demands, and damages arising out of disputes with other users or parties.

License of Use

Thank you for taking the time to read through our Terms of Use for Sellers. Under the condition that you have read and agree to all the provisions laid out in this document, Simple Efforts Market, and/or its content providers, grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revokable license to access and make commercial use our Services.

You understand that Simple Efforts Market reserves the right to fully cooperate with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil activity. Further, to the extent permitted by applicable law and policies, SEM may disclose Member’s identity, contact information and or any details contained within the account that may be requested by the authoritative bodies listed prior. SEM is not liable for any damages or results obtained from such disclosure, and you agree not to bring any action or claim against SEM for such disclosure.

SEM and you are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or established by these Terms.

The Terms of Use and all conditions and policies posted through our Services set the understanding and agreement between you, and any entity you may represent, and us, and supersede any, and all prior understandings and agreements of the parties.

 The Headings provided in this document merely act as a guide and have no legal or contractual effect.

This agreement, and your rights and obligations within it, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior consent. All rights not expressly granted to you in these Terms are reserved and retained by SEM and its affiliates.

Thank you for reading through the Sellers Terms! We look forward to growing with you

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