Terms of Service

Section 01Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Resale Rascals provides a membership community, deal-sourcing alerts, and reseller tooling. We surface publicly available retail clearance and price-drop information from supported retailers, currently Walmart, and provide software to help members organize, list, and track their reselling activity. We do not sell the underlying products and are not affiliated with, endorsed by, or sponsored by any retailer.

Section 02Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Section 03User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 13 years old and, if you are a minor in the jurisdiction in which you reside, you have your parent or guardian's permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Section 04Purchases and Payment

Sections 04, 05, and 06 apply to memberships bought on the Site or inside our Discord server ("Website Memberships"). They do not apply to subscriptions bought in the App, which are covered by Section 07 (App Store Subscriptions).

We accept the payment methods made available through our third-party payment processors. Website Memberships bought on the Site are processed by Stripe, Inc. ("Stripe"), and we bill you through Stripe. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

Section 05Website Memberships

Billing and Renewal

Your Website Membership will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Website Memberships bought on the Site are billed through Stripe. Website Memberships bought through our third-party membership billing provider (currently Whop) are billed by that provider, which gives you our membership role in Discord. We do not store card details.

Memberships Billed Through Stripe

This part applies to Website Memberships you buy on the Site, which we bill through Stripe. Before you pay, the payment form shows the price and these renewal terms, and you must agree to them to buy. We keep a record of that agreement.

• Price and renewal. The Resale Rascals membership costs $50 per month, plus sales tax if any applies. It renews automatically every month, and we charge the payment method you used once a month, on the date you first paid, until you cancel. When we offer a first-month price, new members pay $25 for their first month, and every month after that costs $50. The first-month price is only for your first membership billed through Stripe. If you had one before, we may charge you $50 from the start. Before you agree, the payment form shows what you pay today and what you will pay each month after.
• How to cancel. You can cancel anytime from the Account page on the Site, in one step. If you cannot sign in, you can cancel with just your email address through the Stripe link in your welcome email and on our Help page. Your cancellation takes effect at the end of the month you have already paid for. You keep access until then, and you will not be charged again.
• Failed payments. If a renewal payment fails, Stripe tries again for up to one week, and you keep access while it does. If the payment still fails, your membership ends.
• Discord role. You can use the member dashboard on the Site as soon as your payment goes through. You get our membership role in Discord after you connect your Discord account and join our Discord server. We remove that role when your Stripe membership ends, unless you also hold it another way.
• Duplicate charges, disputes, and fraud. If you are charged twice for the same membership, we refund the extra charge (see Section 06). If you dispute a charge with your bank, we may stop your membership from renewing while the dispute is open. If your bank reports a charge as fraud, we may refund it and end the membership right away.

Cancellation

You can cancel your Website Membership at any time. For a membership billed through Stripe, cancel from the Account page on this site or through the Stripe link described above. For a membership billed by our membership billing provider, cancel from your account with that provider. You can also cancel by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at hello@resalerascals.com. To cancel an App Store Subscription, see Section 07.

Fee Changes

We may change the subscription fee from time to time. For a membership billed through Stripe, we will email you at least 30 days before a new price applies, and that email will tell you how to cancel. We will communicate any other price changes to you in accordance with applicable law.

Section 06Refund Policy

For Website Memberships, all sales are final and no refund will be issued, except where required by applicable law or as expressly described below. We offer a limited refund window of eight (8) hours from the time of purchase. If the Services are not what you expected, contact us at hello@resalerascals.com within that window and we will process your refund. After the refund window has elapsed, refund requests are reviewed on a case-by-case basis at our sole discretion. Refunds for App Store Subscriptions are handled by Apple, not by us (see Section 07).

Canceling a Website Membership stops future charges. We do not refund the unused part of a month after you cancel, except as described in this section. If you were charged twice or charged by mistake, contact us and we will refund the extra charge. When the same email address pays twice within 24 hours for a membership billed through Stripe, we cancel the newer membership and refund it automatically.

Section 07App Store Subscriptions

This section applies to subscriptions you buy inside the Resale Rascals app for iPhone ("App Store Subscriptions"). For App Store Subscriptions, this section controls over anything else in these Legal Terms.

• Billing. App Store Subscriptions are sold and billed by Apple through your Apple Account, under Apple's terms and conditions. The price and billing period are shown in the App and by Apple before you confirm the purchase. We never receive your card or other payment details.
• Renewal. An App Store Subscription renews automatically at the end of each billing period unless you turn off automatic renewal at least 24 hours before the current period ends. Apple charges your Apple Account for the renewal within the 24 hours before the current period ends.
• Cancellation. You can manage or cancel an App Store Subscription at any time in your Apple Account settings (on iPhone: Settings, then your name, then Subscriptions). Cancellation takes effect at the end of the current paid period. Deleting the App or your account does not cancel an App Store Subscription, and we cannot cancel one for you.
• Refunds. Refunds for App Store Subscriptions are handled by Apple under Apple's terms and policies, and you request them from Apple, for example at reportaproblem.apple.com. The refund policy in Section 06 does not apply to App Store Subscriptions, and we cannot issue refunds for them.
• Other sections. Sections 04 (Purchases and Payment), 05 (Website Memberships), and 06 (Refund Policy) apply only to Website Memberships.
• Age rating. The App is rated 13+ on the App Store. You must be at least 13 years old to use the App.
• Apple's license terms. If you got the App from the App Store, Apple's Licensed Application End User License Agreement also applies to your use of the App.
• Google Play. Subscriptions bought in the Android app are billed, renewed, cancelled, and refunded by Google under Google Play's terms in the same way, and Sections 04, 05, and 06 do not apply to them either.

Section 08Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
• Resell, redistribute, or share our deal alerts, sourcing leads, or members-only content with non-members.
• Use any automated system, including without limitation spiders, robots, or scrapers, to access the Services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.

Section 09User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that your Contributions do not infringe the proprietary rights of any third party, are not false, inaccurate, or misleading, are not unsolicited advertising, and do not violate any applicable law or regulation.

Section 10Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

Section 11Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

Section 12Mobile Application License

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.

Section 13Third-Party Websites and Content

The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Our Services integrate with Discord for community access. Website Memberships are billed through Stripe or by our third-party membership billing provider (currently Whop), and App Store Subscriptions are billed by Apple; we do not store card details. We surface listings and stock information that link out to retailer websites such as Walmart. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us.

Section 14Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Section 15Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Section 16Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.

Section 17Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Section 18Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Section 19Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without regard to its conflict of law principles.

Section 20Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration. The seat of arbitration shall be Chandler, Arizona. The language of the proceedings shall be English.

Section 21Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Section 22Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING DEAL ALERTS, PRICING, AND STOCK INFORMATION. RESALE AND RETAIL ARBITRAGE INVOLVE RISK, AND WE DO NOT GUARANTEE ANY PARTICULAR FINANCIAL RESULT OR PROFIT FROM USE OF THE SERVICES.

Section 23Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 24Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Section 25User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Section 26Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

Section 27California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Section 28Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

We may offer translations of these Legal Terms, such as our Spanish page, as a courtesy. If a translation differs from this English version, the English version controls.

Section 29Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: