Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.theaustincatalog.com website ("Catalog", the “Service”, the “Website”) operated by Rouvou, LLC (“Rouvou”, "us", "we", or "our").
Your access to and use of Catalog is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use Catalog.
By accessing or using Catalog you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access Catalog.
TERMS FOR SELLERS
FEES
If you choose to upload your inventory to Catalog, we will host your inventory and display
it to the general public, in exchange for a periodic fee. This fee depends on several
criteria, as detailed on our PRICING PAGE.
We may change our criteria or our fee structure at any time in the future. If this causes your fees to increase, we will post the changes to our website and notify you at least 14 days in advance. If the changes cause your fees to decrease, we will also try to give you advance notice, but we may have promotions or other temporary changes that lead to a reduction in your fees, with no notice.
IF YOU SIGN UP FOR OUR LISTING SERVICE, YOUR PERIODIC LISTING FEES WILL BE AUTORENEWED AT THE BEGINNING OF THE NEXT BILLING CYCLE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY LAW) TO COLLECT THE AMOUNT OF THE FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHODS WE HAVE ON RECORD FOR YOU, UNLESS YOU NOTIFY US BEFORE THE START OF SAID NEXT BILLING CYCLE TO CANCEL YOUR LISTING SERVICE.
We sometimes offer free or discounted trial services to certain customers, which are subject to these Terms except as otherwise stated in their respective promotions. Trial users can choose not to continue to a paid plan at the next billing cycle by canceling their plan.
If you choose to allow shoppers to purchase items in your hosted inventory, you will be charged a fee for every transaction. The amount of this fee depends on several criteria, as detailed on our pricing page.
You must have a payment method on file before listing your products on Catalog, and you must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods we have on file, and/or hire the services of collection agencies and/or legal counsel. If your account is past due, you may be charged late fees, as detailed on THIS PAGE. Rouvou, or the collection agencies we hire, may also report delinquent behavior on your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be included in your credit report. If you wish to dispute any information we reported to a credit bureau, please contact us at xxxx. If you wish to dispute any information a collection agency reported to a credit bureau regarding your Catalog account, you must contact said agency directly.
We may provide bundled data reports and/or data analysis reports, drawn from activity on Catalog. These reports are the property of Rouvou, and if you comply with these Terms and pay any associated fees, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and/or download select reports. This license does not allow any resale or sharing of any of the reports or their contents.
Listing Conditions
When entering your store information, uploading your store inventory, or otherwise
listing your products on Catalog, you agree that:
You are responsible for the accuracy, currentness, and content of your inventory hosted on Catalog. You are responsible for any circumstances that arise from discrepancies between your physical inventory and your Catalog-hosted inventory.
We do our best to keep the service running and your inventory online and searchable at all times, but interruptions in service are not impossible for any web application. We do not guarantee that your inventory will be online and searchable at any given moment in time. If our web service experiences interruptions or other problems causing your inventory to be offline or unsearchable for more than 24 hours in any given month, your full listing fee for that month will be refunded. If you are not able to access your store page for more than 24 hours in any given month due to interruptions of our web service, your full listing fee for that month will be refunded.
At our sole discretion and without notice, we may remove your access to Catalog by suspending or deleting your account, blocking your ip address, and/or other means, or delete, hide, or modify any present or future content associated with your account, if you do anything to violate Catalog policy, including but not limited to any of the following:
We may revise or update product data to supplement, remove, or correct information.
The ranking of products on Catalog's search result pages is determined by a proprietary algorithm designed to deliver relevant results to shoppers who search for terms. We can't guarantee that your products will be attain any given rank, or even appear in the results at all, for any given search.
Your products will only be visible to shoppers who select an area that includes your store's physical address.
Fees are non-refundable except as expressly set forth in these Terms.
Searching, Browsing, and Buying Conditions
When searching for, reading the listing for, or buying a product on Catalog, you agree that:
You are responsible for reading the full listing for the product before buying it or making the decision to buy it
We strive to keep our product listings and other information as accurate as possible. However, we do not guarantee that any information on Catalog is accurate, complete, reliable, current, or error-free. If information in a product's listing is any of these things, the seller bears the full and exclusive responsibility of that inaccuracy.
We bear no responsibility for anything that happens as a result of a store or stores not following our Terms.
We bear no responsibility for the quality of products sold, listed, or advertised on Catalog. If you have any complaints about the quality or any other aspect of a product discovered or bought on Catalog, direct them to the seller, manufacturer, or another third party.
We are not responsible for arranging or facilitating returns, refunds, or replacements of any product listed on Catalog that you bought in a physical store. Please contact the store you bought it from to arrange any such transaction. Unless a store has signed up for online sales on Catalog, we are not responsible for arranging or facilitating purchases of that stores' products.
General policy for everyone
At our sole discretion and without notice, we may remove your access to Catalog by suspending or deleting your account, blocking your ip address, and/or other means, or delete, hide, or modify any present or future content associated with your account, if you do anything to violate our policy, including but not limited to any of the following:
We shall not be held liable for circumstances that arise as a result of you revealing information on Catalog's domain. Never reveal personal or sensitive information in the reviews section or anywhere else on Catalog.
Opinions, thoughts, or anything else expressed by a user of the site does not necessarily reflect reality, and is not necessarily a viewpoint shared by Rouvou.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned
or controlled by Rouvou, LLC.
Rouvou has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Rouvou 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your 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.
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.
Indemnification
You agree to defend, indemnify and hold harmless Rouvou 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, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Rouvou, 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.
Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. 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.
Rouvou, 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.
WE DO NOT CLAIM TO OWN ANY IMAGES USED TO REPRESENT A PRODUCT. ANY AND ALL PARTIES ARE REQUIRED TO AGREE TO OUR TERMS BEFORE UPLOADING CONTENT TO CATALOG.
We not necessarily condone or agree with any beliefs, opinions, or other statements or viewpoints expressed by users on the Service. We take no responsibility and assume no liability for any content posted by you or anyone else to Catalog.
We do not guarantee that any information presented on the Service, outside of the Privacy Policy, and Terms of Use, is necessarily true or accurate.
Only persons age 18 or older have permission to access our Service alone. If you are under 18 but over 13, you may only use Catalog with supervision by a parent or guardian. Alcohol and other such listings on Catalog are only intended for users age 21 or over. Our Service does not address anyone under the age of 13 ("Children"). The Service may contain material that is inappropriate for Children.
The Service is not intended for international use. We shall not be held liable for circumstances that arise as a result of international use.
GENERAL
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion
or limitation of liability for consequential or incidental damages, so the limitations
above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
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 govern your and our respective rights and obligations regarding Catalog, and supersede and replace any prior agreements we might have had between us regarding Catalog. Your use of Catalog is also governed by our Privacy Policy. If you use Catalog, you accept these terms, conditions, limitations and requirements.
We reserve the right, at our sole discretion, to modify, replace, and/or correct these Terms and Conditions and our Privacy Policy at any time. If we do, we will notify you or place a notice on our website at least 15 days in advance. Your continued use of the site means you agree with the modified terms.
By continuing to access or use Catalog 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.
You are responsible for keeping your login information secure. We are not responsible for any information stored on Catalog.
We may send you emails and/or other communications related to your membership or activity on Catalog only if you have opted into this service. If you no longer want to receive promotional email communications from us, you can adjust your Communication Preferences. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We take copyright complaints very seriously and act expeditiously to remove any material found to be infringing. If you believe any material on Catalog is infringing on your copyright or intellectual property, or you otherwise believe it should be removed, please visit this page.
All content found on Catalog, such as images and logos, is the property of Rouvou, LLC or its content suppliers and is protected by United States copyright laws.
Rouvou trademarks may not be used in connection with any products or services that are not Rouvou's. All other trademarks found on Catalog, that are not owned by Rouvou, are the property of their respective owners.
All rights not expressly granted to you in these Terms or our Privacy Policy, are reserved and retained by Rouvou or its partners and content providers.
You may not use a false identity or email address, or otherwise claim to be someone you're not on Catalog. If you do, we may remove your access to the site, delete, hide, or modify content associated with you, and/or pursue legal action, as appropriate.
If you do post content to Catalog, and unless we indicate otherwise, you grant Rouvou a nonexclusive, royalty-free license to reproduce, alter, translate, create derivative works from, distribute, and display said content in any material throughout the world. This license exists until you remove said content, or until these Terms are altered. We have the right but not the obligation to monitor, alter, and/or delete any activity or content on Catalog.
If you have any questions about these Terms, please contact us.