Terms of service

Terms of Service

(Last Updated: February 14th, 2024)

1. Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Forustt website (“Site”), Content, and Services (the “Services,” as defined in Section 3). The Site, Content, and Services together are hereinafter collectively referred to as the “Forustt Platform”.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FORUSTT. By accessing or using the Forustt Platform, you agree to comply with and be bound by these Terms of Service. If you do not agree to be bound by these Terms, you may not access or use the Services provided by Forustt. These Terms expressly supersede prior agreements or arrangements with you. Forustt may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

When these Terms mention “Forustt,” “we,” “us,” or “our,” it refers to Forustt, LLC, a New Mexico Limited Liability Company, (“Forustt” or “Company”).

2. Other Terms and Policies Which Apply

Forustt offers its services only in the United States. To have a Forustt Account you must reside in the United States. For an individual to have an Account you must be at least 18 years old, or the age of majority in your state of residence.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:

3. Modification of these Terms

Any new features or tools which are added to the current Forustt Platform shall also be subject to the Terms of Service. Forustt reserves the right to modify these Terms at any time in accordance with this provision. Changes to these Terms will be effective upon Forustt’s posting of such updated Terms on the Forustt Platform and upon the “Last Updated” date located at the top of these Terms. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. We will also provide you with notice of the modifications by email or through our Forustt Platform. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Forustt Platform will constitute acceptance of the revised Terms.

4. Description of Service

Our online store is hosted on Shopify Inc. (online e-commerce platform) and we use a 3rd party consumer-to-consumer marketplace application programming interface or (API), Webkul.  Shopify and Webkul are Third-Party Services, and if you access or use Forustt services you agree to abide by, the Shopify Terms of Service. Additionally, if you select an item for purchase through the Forustt Platform, your payment-related information, such as credit card or other financial information, is collected by PayPal on our behalf. PayPal is a Third-Party Service, and if you access or use PayPal’s services, you agree to abide by, the PayPal User Agreement (which is incorporated by reference into this Policy).

4.1 This Agreement applies to the Forustt platform and all related content, tools, features, and services, and the website located at https://www.Forustt.com (collectively, the “Service”). The Service provides an online social marketplace where users of the Service (“Users”) can list and sell items (“Items”). Users that list and sell items through the Service ("Sellers") and Users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”), transactions between them, including without limitation the listing of goods. Users may, at different times, be both Buyers and Sellers on the Service.  As the provider of the Forustt Platform, Forustt does not own, create, sell, resell, provide, control, offer, deliver, or supply any Items. Users alone are responsible for their Items. By using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Forustt is not a party to such sale or purchase, nor is Forustt an insurer or acting as an agent in any capacity for any User.

4.2 While we may help facilitate the resolution of disputes, Forustt has no control over and does not guarantee (i) the existence, quality, safety, or suitability of any Items, (ii) the truth or accuracy of any Item descriptions, Ratings, Reviews, or other User Content (as defined in Section 11), or (iii) the performance or conduct of any User or Third-party. Forustt does not endorse any User or Item(s). Any such description is not an endorsement, certification or guarantee by Forustt about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to buy and/or sell Items from another User, or communicate and interact with other Users online. Item Images are intended only to indicate a photographic representation of an Item at the time the photograph was taken and are therefore not an endorsement by Forustt of any User or Item(s).

4.3 If you choose to use the Forustt Platform as a Buyer and/or Seller, your relationship with Forustt is limited to being independent, and not an employee, agent, joint venturer or partner of Forustt for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Forustt. Forustt does not, and shall not be deemed to, direct or control you generally or in your performance under any of these Terms. You acknowledge and agree that you have complete discretion whether to Buy and/or Sell Items. 

4.4 Items and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements to promote the Forustt Platform and to increase the exposure of Items to potential Users.

4.5 If you choose to file taxes or operate your Forustt Account under another tax entity such as an LLC, Sole Proprietor or other entity type, all policies, rules and conditions of use as documented in these Terms and related policies will apply to your Forustt account.

4.6 Forustt provides payment processing services using Third-party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, PayPal, etc. Sellers will have funds from sales deposited into their designated PayPal account (“PayPal Payouts”). Forustt does not accept or dispense cash.

4.7 Forustt will facilitate processing refunds or chargebacks and provide customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users. Payment to Forustt constitutes a payment to the Seller.

4.8 By using the Service, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service.

5. Forustt Account and Eligibility

This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with complete and accurate information.

 In order to access or use certain features on the Forustt Platform, you need to create an account. The personal information you provide to us is governed by our Privacy Policy. Creating an account is only permitted for legal entities, partnerships, and persons who are 18 years or older or the age of majority in your state of residence. If you are creating an Account for a legal entity, then you represent and warrant that you have the authority to create such Account on behalf of the business entity. You agree to maintain accurate, complete, and up-to-date information in your account. If Forustt determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Forustt may, at its sole discretion, take action, up to and including termination of your Account. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.

You may not register more than one account or transfer your account to someone else. You are responsible for all activity that occurs under your Account, and you are responsible for maintaining the confidentiality and security of your Forustt Account credentials and may not disclose your credentials to any Third-party. You must immediately notify Forustt if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Forustt Account. You are liable for any and all activities conducted through your Forustt Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). No Third-party is authorized by Forustt to ask for your credentials.

6. Privacy Policy

 You acknowledge and agree that by accessing or using the Services, Forustt may receive certain information about you, including personal information. Forustt may collect, use and disclose information in accordance with the Privacy Policy.

7. Items

In order to comply with Shopify’s Terms, all products must have the word “used” in the description. Regardless if there are tags on the item or the item has never been used or worn.  Please note, most items listed by Sellers may have limited quantities or a single item and are subject to return or exchange only according to our Refund Policy Sellers must make every effort to display as accurately as possible the colors, condition and images of the items that appear on the Forustt Platform. We cannot guarantee that your computer monitor's display of any color will be accurate. All product prices are at the sole discretion of the Seller. However, we reserve the right to remove any items at any time if we deem the pricing to be unfair i.e. price gouging.

Buyers have the option to use the “Make an Offer” feature. All price negotiations between the Buyers and Sellers are done through email communication and Forustt does not facilitate or take any part of the negotiations/communications. If the Seller approves the Buyer’s offer then that is the final sale price.

8. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place on the Forustt Platform. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Forustt platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9. Forustt Availability

Forustt cannot guarantee continuous and uninterrupted availability and accessibility of the Forustt Platform. Forustt may restrict the availability of the Forustt Platform or certain areas or features thereof, if necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Forustt Platform. Forustt may improve, enhance and modify the Forustt Platform and introduce new Forustt Services periodically.

10. Third-Party Services & Content

The Forustt Platform may be made available or accessed in connection with Third-party services and content (including advertising) that Forustt does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Forustt does not endorse such third-party services or content and in no event shall Forustt be responsible or liable for any products or services of such third-party providers.

10.1 The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Forustt platform (“Third-party Services”). For example, social networks you connect your Account during Account Sign-up are Third-party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third-party Services are solely between you and the Third-party. Forustt does not control or endorse, and makes no representations or warranties regarding, any Third-party Services, and your access to and use of such Third-party Services is at your own risk. The terms of this Agreement and the Forustt Privacy Policy do not apply to your use of any such Third-party Services. You are solely responsible for your access or use of such Third-party Services. You should review any applicable terms and/or privacy policies of any Third-party Services before using or sharing information with any Third-party Services. Forustt may suspend or terminate your ability to access Third-party Services through the Services at any time with or without notice. The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube's services through the API you agree to abide by, the YouTube Terms of Service.

10.2 The Service contains images, descriptions and other Content posted by third parties including Users (“Third-party Content”). Content you access through Third-party Services is also Third-party Content. You acknowledge that Third-party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third-party Content for any purpose other than as explicitly authorized in this Agreement. Forustt will not be liable for the Third-party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third-party Content. You acknowledge that Forustt has no obligation to review, screen, or inspect any Third-party Content on the Service. However, Forustt reserves the right to review, screen, inspect, and/or remove any Third-party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third-party Content, including risks related to accuracy, completeness, or usefulness.

11. User Content

You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes.

Forustt may, at its sole discretion, enable Users with a registered account, to create, upload, post, receive and store content, such as text (i.e. comments and/or reviews), Item photos, messages, purchases, or other materials and information on or through the Forustt Platform ("User Content") and access and view User Content and any content that Forustt itself makes available on or through the Forustt Platform ("Forustt Content" and together with User Content, "Collective Content"). By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Forustt Platform, you grant to Forustt a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Forustt Platform, in any media or platform. Forustt does not claim any ownership rights in any User Content, unless you provide specific consent. Nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content. You are solely responsible for all User Content that you make available on or through the Forustt Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Forustt Platform or you have all rights, licenses, consents and releases that are necessary to grant to Forustt the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Forustt's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a Third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) or promotes illegal or harmful activities or substances. Forustt may, without prior notice, remove or disable access to any User Content that Forustt finds to be in violation of these Terms or Forustt’s then-current Policies, or otherwise may be harmful or objectionable to Forustt, its Users, or third parties. Forustt respects copyright law and expects its Users to do the same. If you believe that any content on the Forustt Platform infringes copyrights you own, please notify us at support@forustt.com.

12. Intellectual Property (Copyright and Trademark)

The Forustt Platform and Forustt Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States. You acknowledge and agree that the Forustt Platform and Forustt Content, including all associated intellectual property rights, are the exclusive property of Forustt and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Forustt Platform or Forustt Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Forustt used on or in connection with the Forustt Platform and Forustt Content are trademarks or registered trademarks of Forustt in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Forustt Platform and/or Forustt Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Forustt Platform or Forustt Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Forustt or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, Forustt grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (access and view any Forustt Content made available on or through the Forustt Platform and accessible to you, solely for any non-commercial use.

Forustt respects copyright law and expects its users to do the same. If you believe that any content on the Forustt Platform infringes copyrights you own, please notify us immediately at support@forustt.com.

13. User Purchases and Sales

 Buying and selling Items through the Service include risk, fees, and taxes. Forustt prohibits certain items from being sold and only allows returns in limited circumstances.

13.1 You assume certain risks in using a marketplace service such as Forustt. Forustt is not a participant in and provides no warranty for any transaction between a Buyer and a Seller, and Forustt does not take title of any Items. You acknowledge and agree that Forustt will not be considered a buyer or seller in any transaction conducted through the Service and that Forustt is not an auctioneer, consignee, or a shipping carrier. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing Items through the Service.

13.2 As a Seller, you agree to only post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. Our Seller Policy (which is incorporated by reference into this Agreement) further describes a Seller’s rights, responsibilities, and fees.

13.3 As a Buyer, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. Our Buyer Policy (which is incorporated by reference into this Agreement) further describes a Buyer’s rights and responsibilities. Buyers are responsible for all fees.

13.4 You can register for the Service for free, but Forustt will charge certain fees for various transactions you may complete through the Service and for certain other services Forustt may provide as set forth in our Fee Policy (which is incorporated by reference into this Agreement). All amounts are quoted in US dollars unless otherwise stated.

13.5 We may change or discontinue, temporarily or permanently, some or all fees for the Service, without notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy.

13.6 Forustt prohibits the listing or sale of any item that is described in Section 14, including items that are illegal to sell or violate the rights of third parties such as counterfeit items.

13.7 If after reviewing an Item, we have concerns or that it otherwise constitutes a prohibited Item, we may, in our sole discretion, cancel the order. In such cases, we will provide a refund for the full cost of the item and any accompanying shipping costs to the Buyer. Such refund will be the Buyer’s sole remedy for the canceled order. Sellers will not receive earnings from orders canceled in accordance with this paragraph. If such Items are returned to Seller, Seller agrees not to attempt to relist or resell the item through the Service.

13.8 Buyers may accept the price offered by a Seller and purchase the Item, or Buyers may make an offer to Sellers to purchase Items from Sellers. Once an offer has been accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be solely between Buyer and Seller, and Forustt will not be a party to such contract.

13.9 Upon purchasing an Item, a Buyer must remit payment through PayPal for the Item(s), including any listed shipping or additional fees.

13.10 Forustt may delay or cancel any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where (i) Forustt cancels the purchase or the purchase has otherwise been canceled when explicitly permitted by Forustt or, if applicable, a Seller; or (ii) any of the criteria is met under the Refund Policy.

13.11 Buyers may pay for Items only by using payment methods approved by Forustt, and Forustt will receive such payment from the Buyer on behalf of the Seller. You authorize Forustt to charge you for any Items purchased along with all associated taxes, shipping, and other fees, by submitting payment information through PayPal. Forustt reserves the right to request additional information from Users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes. Funds received by Forustt from a transaction may, subject to the Fee Policy be redeemed by Seller through Forustt’s permitted third-party payment provider(s).

13.12 Transactions conducted through the Service may be subject to taxes in your jurisdiction, which Forustt will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event Forustt collects taxes as legally obligated, Forustt will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for Items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Forustt does not collect taxes on your behalf.

13.13 Buyer is responsible for paying for shipping fees as described in our Shipping Policy (which is incorporated by reference into this Agreement).

Forustt will provide Seller with a prepaid shipping label (“Label”) as detailed in our Shipping Policy. Our Shipping Policy further describes Sellers’ shipping responsibilities. Forustt reserves the right to discontinue providing Labels to any or all Users at any time and for any reason.

13.14 Forustt may allow you to return an Item in limited circumstances. Please see our Refund Policy (which is incorporated by reference into this Agreement) for more details.

14. Prohibited Activities & Items

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Forustt Platform. In connection with your use of the Forustt Platform, please see our Prohibited Items Policy (which is incorporated by reference into this Agreement) for more details. Additionally, you will not do any of the following or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, or Privacy Policy;
  • use the Forustt Platform or Forustt Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Forustt endorsement, partnership or otherwise misleads others as to your affiliation with Forustt;
  • copy, store or otherwise access or use any information contained on the Forustt Platform in any way that is inconsistent with Forustt’s Privacy Policy or these Terms or that otherwise violates the privacy rights of other users or third parties;
  • use the Forustt Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • use, display, mirror or frame the Forustt Platform or Forustt Content, or any individual element within the Forustt Platform, Forustt's name, any Forustt trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Forustt Platform, without Forustt's express written consent;
  • dilute, tarnish or otherwise harm the Forustt brand in any way, including through unauthorized use of Forustt Content, registering and/or using Forustt or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Forustt domains, trademarks, taglines, promotional campaigns or Forustt Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Forustt Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Forustt or any of Forustt's providers or any other Third-party to protect the Forustt Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Forustt Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Forustt Platform;
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Forustt has no obligation to monitor the access to or use of the Forustt Platform by any user or to review, disable access to, or edit any content, but has the right to do so to (i) operate, secure and improve the Forustt Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Forustt in good faith, and to provide Forustt with such information and take such actions as may be reasonably requested by Forustt with respect to any investigation undertaken by Forustt or a representative of Forustt regarding the use or abuse of the Forustt Platform.

If you feel that any user you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Forustt by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action beyond any required by law.

15. Term and Termination, Suspension and other Measures

15.1 Forustt may immediately, without notice, terminate this Agreement and/or stop providing access to the Forustt Platform if (i) you have materially breached your obligations under these Terms, or Privacy Policy (ii) you have violated applicable laws, regulations or Third-party rights, or (iii) Forustt believes in good faith that such action is reasonably necessary to protect the personal safety or property of Forustt, its users, or third parties (for example in the case of fraudulent behavior of a user).

15.2 In addition, Forustt may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, Privacy Policy, applicable laws, regulations, or Third-party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Forustt Account registration or (iv) Forustt believes in good faith that such action is reasonably necessary to protect the personal safety or property of Forustt, its users, or third parties, or to prevent fraud or other illegal activity:

  • refuse to display, delete or delay any user content;
  • cancel any pending or confirmed orders;
  • limit your access to or use of the Forustt Platform;
  • temporarily or permanently suspend your Forustt Account and stop providing access to the Forustt Platform.

15.3 When this Agreement has been terminated, you are not entitled to restoration of your Forustt Account or any of your content. If your access to or use of the Forustt Platform has been limited or your Forustt Account has been suspended or this Agreement has been terminated by us, you may not register a new Forustt Account or access and use the Forustt Platform through a Forustt Account of another Member.

15.4 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

16. Disclaimers

IF YOU CHOOSE TO USE THE FORUSTT PLATFORM OR FORUSTT CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. ALL FORUSTT PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY 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. ADDITIONALLY, FORUSTT DOES NOT GUARANTEE THAT OUR WEBSITE, SERVICES, OR CONTENT ARE CURRENT, ACCURATE, COMPLETE, OR FREE OF ANY ERRORS. FORUSTT DOES NOT GUARANTEE THAT YOUR ACCESS TO AND USE OF THE FORUSTT PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Liability

Forustt will not be liable for any loss or damage for any products you buy or sell. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Forustt Platform and Forustt Content, or any other interaction you have with Forustt or other Users remains with you. Neither Forustt nor any other party involved in creating, producing, or delivering the Forustt Platform or Forustt Content will be liable for damages arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Forustt Platform or Forustt Content, or (iii) from any communications or interactions with other Users or other persons with whom you communicate or interact with as a result of your use of the Forustt Platform.

18. Indemnification

You agree to release, defend (at Forustt’s option), indemnify, and hold Forustt from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Forustt Platform or any Forustt Services, (iii) your interaction with another User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or Third-party rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

19. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of New Mexico and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 21 must be brought in state or federal court in Albuquerque, New Mexico, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Albuquerque, New Mexico.

20. Disputes Between Users

Sellers and Buyers agree to resolve any disputes directly with each other according to our Terms. In the event that a dispute escalates to Forustt, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Forustt’s Terms. Items that are eligible for a refund will generally require that the item is returned to the Seller unless the item is considered hazardous, illegal or in violation of other policies.

In the event that a Buyer submits a form of request for payment reversal, Forustt will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any information to Forustt within five (5) calendar days of the request. Forustt reserves the right to recoup funds associated with Buyer payment reversals or refunds through any permissible legal means.

Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.

If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. Forustt may participate in the dispute at its discretion. After a transaction is processed, Forustt is the final arbiter of disputes between Users and Forustt shall not bear any liability related to such disputes. Buyer Accounts may be closed for filing a chargeback without first filing a dispute against the Seller through support@forustt.com, or for filing false chargebacks.

If you have a dispute with one or more Users, you release Forustt and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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."

21. Dispute Resolution and Arbitration Agreement

Important: Please review the Arbitration Agreement and Class Action Waiver that applies to all those using the Forustt Platform set forth in this section of these Terms of Service. It affects how disputes with Forustt are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read Section 21 carefully to understand your rights and obligations with respect to the resolution of any claim.

21.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence is in the United States; or (ii) your country of residence is not in the United States, but bring any claim against Forustt in the United States (to the extent not in conflict with Section 21).

21.2 Overview of Dispute Resolution Process. Forustt is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 21.1 applies: (1) an informal negotiation directly with Forustt customer service, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 21 and except as provided in Section 21.6). Specifically, the Consumer Arbitration Rules provide:

  • Claims can be filed with AAA online (www.adr.org);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

21.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days pIn order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

21.4 Agreement to Arbitrate. You and Forustt mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Forustt Platform or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Forustt agree that the arbitrator will decide that issue.

21.5 Exceptions to Arbitration Agreement. You and Forustt each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 21): (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual harassment arising from your use of the Forustt Platform. You and Forustt agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

21.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

21.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $25,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $25,000 shall be conducted in Bernalillo County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

21.8 Modification of AAA Rules - Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and the ADR Services fee schedule (available at www.adrservices.com).

21.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs. 

21.10 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

21.11 Jury Trial Waiver. You and Forustt acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

21.12 Class Action Waiver and no Representative Proceedings. You and Forustt acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative or consolidated proceeding. Further, unless you and Forustt both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

21.13 Severability. Except as provided in Section 20.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

21.14 Changes. Notwithstanding the provisions of Section 2 (“Modification of these Terms”), if Forustt changes this Section 15 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Forustt’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Forustt in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

21.15 Survival. Except as provided in Section 21.12, this Section 21 will survive any termination of these Terms and will continue to apply even if you stop using the Forustt Platform or terminate your Forustt Account.

22. Miscellaneous

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Forustt and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Forustt and you in relation to the access to and use of the Forustt Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Forustt as a result of this Agreement or your use of the Forustt Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Forustt’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Forustt's prior written consent. Forustt may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Forustt via email.

22.8 In general, items purchased by, and shipped to, Buyers in U.S. locations and charges for shipping may be subject to applicable Transaction Taxes (“Taxes”). Taxes are not included in the listed price for any item(s) listed by Sellers; rather Taxes will be separately stated and added to the order total during checkout, if applicable.

Tax amounts may vary based on a few factors such as the nature of the item(s) purchased, the delivery location and the tax rate in effect at the time of the transaction. The tax rate is a combined rate based on the total state and local rates of the location where the item is delivered. Forustt will collect Taxes from Buyers on behalf of Sellers where required, specifically in those states that require marketplaces to collect Taxes on behalf of Sellers. The collected Tax amounts will be reported by Forustt and remitted to the appropriate taxing authority on behalf of Sellers. Sellers are responsible for any and all Taxes except to the extent Forustt chooses or is required to calculate, collect, report and remit such Transaction Taxes according to applicable law.

If you qualify for an exemption from sales tax, Forustt will accept valid tax exemption documentation entitling such exemption holders to purchase on Forustt without paying sales tax. Refer to our Sales Tax Policy for information on how to submit your tax exemption documentation. Alternatively, Buyers may be able to receive a credit for sales tax paid to Forustt directly from your state. Please consult a tax advisor or your state Department of Revenue as policies differ for each state. You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.

W-9 and 1099-K Reporting

  • Forustt may request certain information from you to comply with IRS and state reporting requirements, including but not limited to, completing W-9 taxpayer identification forms and submitting 1099-K sales reports when required to facilitate Forustt’s Tax obligations at federal and state levels.
  • Depending on the information submitted on the W-9 form, we may request additional information related to you, your business, or your previous submissions to Forustt. Failure to provide accurate and timely information may result in limitations being placed on your Account.

22.9 If you have any questions about these Terms please email us support@forustt.com