Terms of Service

Cassie Cares Estate Sales and Consignment, LLC

Last Updated: April 25, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cassie Cares Estate Sales and Consignment, LLC ("Cassie Cares," "Company," "we," "us," or "our") governing your access to and use of the website www.CassieCaresLLC.com ("Website") and all services offered by Cassie Cares (collectively, the "Services").

By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website or Services.

2. SERVICES DESCRIPTION

Cassie Cares provides estate sale management, online auction services, consignment services, organizing and downsizing assistance, and related services as described on our Website. The specific services provided to you will be outlined in a separate Service Agreement that will govern the particular services you engage us to provide.

3. USER ACCOUNTS

3.1 Account Creation

To access certain features of our Website or Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. USER CONDUCT

By using our Website and Services, you agree not to:

  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law

  • Violate or encourage others to violate the rights of third parties, including intellectual property rights

  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable

  • Interfere with security features of the Website

  • Interfere with the proper working of the Services

  • Use any robot, spider, crawler, scraper, or other automated means to access the Services

  • Bypass measures we may use to prevent or restrict access to the Services

  • Engage in unauthorized framing of or linking to the Website

  • Attempt to access any portion of the Services for which you do not have access rights

5. CONSIGNMENT AND ESTATE SALE TERMS

5.1 Consignment Agreement

If you choose to consign items with us, you will be required to enter into a separate Consignment Agreement, which will govern the terms of our consignment relationship, including commission rates, payment terms, and duration of consignment.

5.2 Estate Sale Agreement

If you engage us for estate sale services, you will be required to enter into a separate Estate Sale Agreement, which will govern the terms of our estate sale relationship, including fees, services provided, and responsibilities of each party.

5.3 Representations and Warranties

By consigning items with us or engaging our estate sale services, you represent and warrant that:

  • You have full legal right, title, and authority to sell the items

  • The items are free from any liens, claims, or encumbrances

  • The items are not stolen, counterfeit, or otherwise illegal to sell

  • You have disclosed any known defects or damage to the items

6. PAYMENT TERMS

6.1 Service Fees

Fees for our Services are as stated on our Website or in your Service Agreement. We reserve the right to change our fees at any time, with changes taking effect when posted on the Website or when your Service Agreement is updated.

6.2 Payment Methods

We accept payment via the methods specified on our Website or in your Service Agreement. You agree to provide accurate payment information and authorize us to charge your chosen payment method for Services rendered.

6.3 Consignment Payments

For consignment services, payment terms, including the timing of payments and commission rates, will be governed by your Consignment Agreement.

7. CANCELLATIONS AND REFUNDS

7.1 Cancellation by User

Cancellation policies for our Services are outlined in your Service Agreement. Generally, cancellations must be made within the timeframe specified in your Service Agreement to be eligible for any refund.

7.2 Cancellation by Cassie Cares

We reserve the right to cancel or reschedule Services at our discretion. In such cases, we will work with you to reschedule or, if appropriate, provide a refund according to our refund policy.

7.3 Refund Policy

Refund eligibility and amounts will be determined according to the terms of your Service Agreement and the circumstances of the cancellation.

8. INTELLECTUAL PROPERTY

8.1 Our Intellectual Property

The Website and its content, features, and functionality, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are owned by or licensed to Cassie Cares and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for their intended purposes, subject to these Terms.

8.3 User Content

By submitting content to our Website (such as reviews, comments, or testimonials), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

9. DISCLAIMER OF WARRANTIES

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASSIE CARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cassie Cares, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content submitted by you causes damage to a third party.

12. DISPUTE RESOLUTION

12.1 Governing Law

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

12.2 Arbitration

Any dispute arising from or relating to these Terms or the Services shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The arbitration shall take place in Denver, Colorado.

12.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

13. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting on the Website. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes.

14. TERMINATION

We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

15. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

16. ENTIRE AGREEMENT

These Terms, together with any Service Agreement, Consignment Agreement, or Estate Sale Agreement you enter into with us, constitute the entire agreement between you and Cassie Cares regarding the Services and supersede all prior agreements and understandings, whether written or oral.

17. CONTACT INFORMATION

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

Cassie Cares Estate Sales and Consignment, LLC

Email: Info@CassieCaresLLC.com

Phone: (303) 901-4613

Website: www.CassieCaresLLC.com