This store is operated by Realstreetjams LLC. Throughout this agreement, the terms “we”, “us” and “our” refer to Realstreetjams LLC, it's brick and mortar stores, online website marketplace, and events. Realstreetjams LLC offers the in store rack space, including all services available from the store to you, the user, the "Vendor", conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By renting out a rack space with us, consigning, or renting a vendor booth, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all vendors of the store, including without limitation vendors with whom rack space is shared, or split.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the store rack rental space following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - IN STORE RACK RENTAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow us to sell your items in store.
All rack items must be clean in the best condition possible, tagged, and priced on a business card with your company's logo and contact on one side and a blank area on the other side for pricing, all products must be authentic and not violate any laws in your jurisdiction (including but not limited to copyright laws).
You may only bring up to 200 items per rack(you may bring more, or as many as can fit on the rack, but make sure to leave space for customers to look through the rack), and rotate inventory and restock as often as you'd like. First time drop offs and restocks must be performed by first using the in store vendor form below:
All vendors must fill out the instore vendor form prior to first time drop offs, and any future restocks. If filling out the instore vendor form for the first time, fill out the entire form out including all contact and payout information. If you have already filled out all the contact information once and you are restocking, just fill out the sections for the vendor name, date and time of appointment, and restock product info. No restocks or first time drop offs will be accepted without first following these steps.
Vendor is responsible for keeping records of all the inventory they bring into the store, paying taxes on any sales made in store and at our events, and promoting their presence at the store and events we host. Main contact for vendor will be responsible for all rent payments and fees owed to us.
All vendors are required to complete a 3 month rack rental term that will automatically renew after 3 months. Vendor may end rack rental term by giving a 1 month notice, the month before the 3 month term is over. If notice is not received by 30 days prior to the ending of the term, a new term will automatically begin. Rental rates may vary and will go up as the market changes.
SECTION 2 - GENERAL RACK RENTAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that you as the vendor, will be responsible for all of your products, promotions, tags, inventory records, payout record keeping, taxes and for making rack rental payments on time. All rent is due no later than the 3rd day of each month, any payments after the 3rd of each month will include a $25 late fee, plus a $5 per day late fee until rent is paid. If there is a payout between the first and 3rd of the month, the rent will be deducted from vendor's payout. If amount owed exceeds vendor's payout, vendor will be charged the difference plus any late fees incurred.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - PAYOUTS, SALES REPORTS AND DELIVERY
Payouts to the vendor for all of their product sales will be paid out to vendor through the cashapp and or venmo tags provided in the instore vendor form, and a itemized PDF copy of their sales report will be emailed to the email provided in the form. Vendor is responsible for providing accurate information for payouts and communication, we will not be liable for any losses due to vendor not providing accurate payout and communication information.
Allow up to 15 days after the payout period for processing sales reports and performing payouts for all vendors.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Rack rental prices are subject to change without notice, prices for products in store are subject to change without notice, vendor will receive asking price for product. We do not take any percentage from vendor's asking price, we pass all fees to end buyers.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - PERSONAL INFORMATION
Your submission of personal information through the in store form or any other form like a W9 or 1099 form will not be shared publicly.
SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times availability and other errors. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted the in store vendor form).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content and the store: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Realstreetjams LLC, Realstreetjams.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Realstreetjams LLC, Realstreetjams.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas, United States.
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued rack rental space use or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com