Terms of Service

1. Acceptance of Terms

By accessing, browsing, downloading, or using The Pickers Map website, mobile applications, and related services, operated by Finest Flips LLC ("Company," "we," "us," or "our") (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that entity, and "you" refers to that entity. We reserve the right to refuse service to anyone at any time.

2. Description of Service

The Pickers Map is an online advertising and listing platform that allows users to post and discover estate sales, garage sales, moving sales, and similar events, to connect homeowners with estate-sale companies, and to view company profiles and user reviews. The Pickers Map does NOT organize, conduct, manage, supervise, or participate in any sale, transaction, or event listed on our platform. We are not a party to any transaction between buyers and sellers or between homeowners and companies. We make no representations regarding the legality, quality, safety, or authenticity of any listed sale, item, company, or service.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. The Service is not directed to children, and we do not knowingly collect personal information from anyone under 18. If you are under 18, you are not permitted to use the Service.

4. User Accounts

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to keep it up to date. You agree to notify us immediately of any unauthorized use of your account. You may not share, sell, or transfer your account, or create an account using another person's identity.

5. User Content & License

By posting listings, images, descriptions, reviews, or any other content to The Pickers Map ("User Content"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to host, store, use, display, reproduce, modify (for formatting), adapt, publish, and distribute your User Content on the Service and in our marketing. You are solely responsible for the accuracy, legality, and truthfulness of your User Content. You represent and warrant that you own or have all rights necessary to post it and to grant this license, and that it does not infringe any third party's rights or violate any law. We are not obligated to monitor User Content, and we may remove or disable any content at our sole discretion, with or without notice. We are not responsible or liable for any User Content.

6. Reviews & Ratings

Reviews and ratings reflect the personal opinions of the users who post them and do not represent the views of, or any endorsement or verification by, The Pickers Map. We do not adopt, guarantee, or take responsibility for any review. You may only post reviews based on a genuine, first-hand experience. You agree not to post false, fraudulent, defamatory, or misleading reviews; not to post reviews in exchange for compensation without clearly disclosing it; not to post reviews of your own business or a competitor; and not to manipulate ratings. We may remove, decline to post, or refuse to remove reviews at our discretion, and we are not liable for any review or its effect on any person or business.

7. Prohibited Conduct

You agree not to engage in any of the following prohibited conduct:

• Posting fraudulent, misleading, or false listings, reviews, or content
• Listing items that are illegal or prohibited by law
• Engaging in harassment, threatening behavior, or abuse toward other users
• Scraping, crawling, spidering, indexing, or automatically accessing our platform or its data by any means, whether through bots, scripts, browser extensions, APIs, or any automated or manual process, without our prior written consent
• Copying, republishing, redistributing, syndicating, or displaying any data, listings, images, or content from The Pickers Map on any other website, application, platform, print publication, or service, whether for commercial or non-commercial purposes, without our prior written consent
• Building, compiling, or contributing to any database, directory, dataset, or collection using data obtained from The Pickers Map
• Using data obtained from The Pickers Map to contact sellers, buyers, or companies for solicitation, marketing, recruitment, or competitive purposes
• Interfering with the operation, performance, availability, or functionality of the Service, including through denial-of-service attacks, injection attacks, or excessive automated requests
• Posting spam, advertisements, or promotional content unrelated to sales
• Using the platform for any unlawful purpose or in violation of any law
• Circumventing security measures, rate limits, access controls, or gaining unauthorized access to any part of the Service or its systems
• Reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, or data structures of the Service
• Creating a competing service or product using information, data, design elements, or ideas obtained from The Pickers Map
• Framing, mirroring, or otherwise incorporating any part of The Pickers Map into another website or application without our written permission

8. Data Protection & Anti-Scraping

All data, listings, sale information, company profiles, images, map data, user-generated content, and any other information available on The Pickers Map (collectively, "Platform Data") is the proprietary property of The Pickers Map or its users and is protected by copyright, database rights, trade secret law, and other intellectual property laws.

You are strictly prohibited from scraping, harvesting, crawling, mining, extracting, copying, downloading (in bulk), or collecting Platform Data through any automated or manual means, including but not limited to: web scrapers, bots, spiders, crawlers, browser automation tools, headless browsers, screen-capture or screen-recording tools used for data collection, APIs (whether ours or third-party), browser extensions, data extraction services, or any other technology or method.

You may not republish, redistribute, license, sell, transmit, display, or make available any Platform Data on any other website, mobile application, API, feed, database, social media account, print publication, or any other medium without our express, prior written consent.

Liquidated Damages:You acknowledge that any unauthorized scraping, copying, or redistribution of Platform Data causes irreparable harm to The Pickers Map that is difficult to quantify. Accordingly, you agree that in addition to any other legal or equitable remedies, The Pickers Map shall be entitled to liquidated damages of $500 per page accessed in violation of this section and $1,000 per listing or data record copied, scraped, or redistributed in violation of this section, plus all costs of enforcement including reasonable attorneys' fees. You agree that these amounts are a reasonable estimate of the damages caused and not a penalty.

Injunctive Relief: You agree that any violation of this section would cause irreparable injury to The Pickers Map for which monetary damages would be insufficient, and you consent to The Pickers Map obtaining injunctive or other equitable relief without the requirement of posting a bond or proving actual damages.

9. Platform Role, "Verified" Status & No Liability for Sales

The Pickers Map is solely an online advertising and listing platform. We are NOT an estate sale company, auctioneer, broker, agent, appraiser, or intermediary. We do not organize, host, manage, staff, supervise, inspect, verify, or participate in any sale, auction, or event. We do not employ, contract with, endorse, certify, or control any estate sale company, seller, or service provider listed on or connected through our platform.

"Verified," "Pro," badges, rankings, and placement indicate only that a company holds a paid subscription or has completed a basic account step. They are notan endorsement, recommendation, guarantee, background check, license or insurance verification, or assurance of any company's quality, honesty, qualifications, or fitness. You are solely responsible for vetting any company or person before engaging them.

Any interaction, transaction, agreement, or dispute between users — including between buyers and sellers, homeowners and estate sale companies, or any other parties — is exclusively between those parties. The Pickers Map has no involvement in, responsibility for, or liability arising from any such interaction.

10. Estate Sale Companies & Homeowner Leads

If you are an estate sale company or service provider that receives homeowner inquiries ("Leads") through the Service, the following applies. Leads are provided "as is" and "as available" with no guarantee of any kind — including no guarantee of volume, quality, accuracy, exclusivity, response, hire, or conversion. Fees you pay are for access to and routing of inquiries, not for results or outcomes, and are non-refundable except as expressly stated in Section 21.

You are solely responsible for your communications with homeowners and for complying with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state Do-Not-Call rules, CAN-SPAM, and all consumer-protection, licensing, and data-privacy laws. You will obtain any consent required by law before calling, texting, or emailing a homeowner, will use Lead information only to respond to that specific inquiry, and will not sell, share, or reuse it for any other purpose. You agree to defend, indemnify, and hold The Pickers Map harmless from any claim arising out of your contact practices or your handling of Lead information (see Section 17).

If you are a homeowner submitting an inquiry, you consent to having the information you provide shared with one or more estate sale companies, and you consent to being contacted by those companies by phone, text, and/or email regarding your inquiry. We do not vet, endorse, or guarantee any company and are not responsible for any company's conduct, communications, or services.

11. Listing Accuracy

The Pickers Map does not verify, validate, confirm, or guarantee the accuracy, completeness, legality, or truthfulness of any listings, company profiles, reviews, or other user-provided content. Sale dates, times, addresses, item descriptions, photos, contact information, company credentials, and all other details are provided solely by users and may contain errors, omissions, or inaccuracies, or may change or be canceled without notice. We make no warranty regarding the accuracy or completeness of any listing. You use all listings and information entirely at your own risk and should independently verify any information — including confirming that a sale is still occurring and that an address is correct — before relying on it or traveling to any location.

12. Assumption of Risk & Release

By using The Pickers Map in any capacity — including browsing listings, traveling to or attending any sale or event, posting listings, hiring or being hired as an estate sale company, or engaging with any user — you acknowledge and agree that you do so entirely at your own risk.

To the fullest extent permitted by law, you release and forever discharge The Pickers Map and its owners, officers, employees, agents, and affiliates from any and all liability, claims, demands, and damages related to: personal injury or death; property damage, loss, or theft; assault, crime, or the conduct of any person at or around a sale location; fraud, scams, or misrepresentation by any user; items that are counterfeit, stolen, defective, or not as described; disputes over pricing, payment, or ownership; health or safety hazards at sale locations; trespassing, parking violations, or nuisance claims; failure of an estate sale company to perform services; inaccurate, misleading, incomplete, canceled, or fake listings; any financial loss arising from transactions or interactions; emotional distress or harassment by other users; and any other harm, damage, or loss of any kind.

You assume all risk associated with using the Service and agree that The Pickers Map is not liable for the acts, omissions, conduct, or behavior of any user, seller, buyer, homeowner, estate sale company, or third party.

Waiver of California Civil Code §1542 (and similar laws):If you are a California resident (or protected by a similar law), you expressly waive California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive all rights under §1542 and any similar law of any jurisdiction.

13. No Professional Advice; AI & Automated Features

The Service is for informational purposes only and does not provide appraisal, valuation, financial, legal, tax, or other professional advice. Item tags, descriptions, "notable finds," search results, distance and route estimates, and other features may be generated automatically or by artificial intelligence and may be inaccurate, incomplete, or out of date. Nothing on the Service is a representation of an item's authenticity, condition, provenance, or value. You are solely responsible for any decision you make based on the Service, and you should independently verify any information before relying on it.

14. Disclaimer of Warranties

THE PICKERS MAP SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION IS ACCURATE, RELIABLE, OR COMPLETE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PICKERS MAP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICKERS MAP, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, LOST DATA, REPUTATIONAL HARM, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE ACTUALLY PAID TO THE PICKERS MAP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless The Pickers Map and its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) any User Content you post or submit; (c) your attendance at or travel to any sale or event; (d) any dispute with another user, seller, buyer, homeowner, or company; (e) your communications with any user or homeowner, including any claim under the TCPA, Do-Not-Call rules, or CAN-SPAM; or (f) your violation of these Terms or any law or third-party right. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

17. Reserved

The dispute-resolution, arbitration, and class-action-waiver provisions are set out in Section 18 below.

18. Binding Arbitration & Class-Action Waiver

Informal resolution first. Before starting an arbitration or other proceeding, you agree to first contact us at support@thepickersmap.com with a written description of your dispute and the relief you seek, and to give us 60 days to resolve it informally. Many disputes can be resolved this way.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and The Pickers Map agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, administered by JAMS under its applicable rules (or, if JAMS is unavailable, the American Arbitration Association), rather than in court, except as stated below. Arbitration will take place in or near Cook County, Illinois, or by video/phone where available, unless you and we agree otherwise. The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver below.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property or anti-scraping rights (Section 8). The Federal Arbitration Act governs this Section.

CLASS-ACTION WAIVER. Arbitration and any proceeding will be conducted only on an individualbasis. You and The Pickers Map waive any right to participate in a class action, class arbitration, consolidated action, or representative action, and the arbitrator may not consolidate more than one person's claims. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

30-day right to opt out.You may opt out of this arbitration agreement by emailing support@thepickersmap.com with your name and account email and the statement "I opt out of arbitration" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

19. Intellectual Property & DMCA

All content on The Pickers Map platform — including the website and app design, layout, text, graphics, logos, images, code, and functionality — is owned by or licensed to The Pickers Map and is protected by copyright, trademark, and other intellectual-property laws. You may not reproduce, distribute, display, or transmit any content without our prior written permission. "The Pickers Map" and associated logos are trademarks of Finest Flips LLC. We respond to notices of alleged copyright infringement and terminate repeat infringers in accordance with the Digital Millennium Copyright Act; see our DMCA Policy for how to submit a notice or counter-notice.

20. Third-Party Links & Services

The Service may contain links to, or rely on, third-party websites and services (including mapping, geocoding, payment processing, and analytics providers). We are not responsible for the availability, accuracy, content, or practices of any third party. Your use of third-party sites and services is at your own risk and subject to their terms and privacy policies. We do not endorse or guarantee any third-party content or service.

21. Payments, Subscriptions, Auto-Renewal & Refunds

Certain features require payment, including sale-promotion tiers and Pro company subscriptions. All payments are processed by Stripe, Inc. and are subject to Stripe's terms; we do not store full card numbers. You authorize us and our processor to charge your payment method for all fees you incur.

Automatic renewal (please read). Paid subscriptions (such as the Pro plan, currently $49/month) are automatically renewing. Unless you cancel, your subscription will automatically renew at the end of each billing period and your payment method will be charged the then-current price (currently $49 per month) on a recurring basis, until you cancel. You may cancel at any time from your company dashboard / billing settings or by emailing support@thepickersmap.com. Cancellation takes effect at the end of the current billing period; you keep access until then. Except where required by law, fees already charged are non-refundable and we do not provide partial refunds for unused time.

One-time purchases. Sale promotions and other one-time purchases are non-refundable once the promotion has been activated, except as required by law or as we may grant at our discretion (for example, if a sale is canceled before the promotion period begins).

Price changes. We may change pricing at any time. Changes to recurring subscription pricing apply at your next renewal, and we will provide notice (at least 30 days where required) before a price increase takes effect; continuing your subscription after the change constitutes acceptance.

22. Mobile Application & App Stores

If you download our mobile application from the Apple App Store or Google Play, you agree that these Terms are between you and Finest Flips LLC only, and not with Apple Inc. or Google LLC, who are not responsible for the application or its content. Apple and Google have no obligation to provide maintenance or support and, to the maximum extent permitted by law, no warranty obligation with respect to the application. Apple and Google (and their subsidiaries) are third-party beneficiaries of these Terms and may enforce them against you. You agree to comply with the applicable app store's terms of service, and you represent that you are not located in an embargoed country or on a prohibited-party list.

23. Termination & Survival

We may suspend or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice and without liability, including for violation of these Terms, illegal activity, fraud, or abuse. You may stop using the Service at any time. Sections that by their nature should survive termination — including User Content license, Data Protection & Anti-Scraping, Assumption of Risk & Release, No Professional Advice, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration & Class-Action Waiver, Intellectual Property, and Governing Law — survive termination.

24. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 18. Subject to the arbitration provisions in Section 18, any permitted court action shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to their jurisdiction and venue.

25. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, outages or failures of the internet, hosting, payment, mapping, or other third-party providers, or other force-majeure events.

26. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, at any time, including in connection with a merger, acquisition, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

27. Electronic Communications & Notices

You consent to receive communications from us electronically — including by email, through the Service, or by other electronic means — and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may withdraw consent to non-essential marketing emails by unsubscribing, but service and transactional communications may still be sent. Legal notices to us must be sent to support@thepickersmap.com.

28. Changes to These Terms

We may modify these Terms at any time. We will update the "Last updated" date and, for material changes, may provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

29. Severability & Waiver

If any provision of these Terms is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be, severed, and the remaining provisions shall continue in full force and effect. Our failure to enforce any provision is not a waiver of it or of any other provision.

30. Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, Acceptable Use Policy, Cookie Policy, and DMCA Policy, constitute the entire agreement between you and The Pickers Map regarding the Service and supersede all prior agreements, representations, and understandings, whether written or oral.

31. Contact

Questions about these Terms? Contact us at support@thepickersmap.com. Finest Flips LLC, operator of The Pickers Map.