Terms of Service

Effective date: June 9, 2026  ·  Last updated: July 13, 2026

These Terms of Service ("Terms") govern your use of SoldNearYou, a product operated by Visuals & Visions LLC ("we," "us," or "our"). By accessing or using SoldNearYou — whether via the marketing website at go.soldnearyou.com, as a store client or staff using the admin dashboard, or as a member of the public browsing a store catalog — you agree to these Terms. Your use of SoldNearYou is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

1. What SoldNearYou Is

SoldNearYou is a hosted product catalog platform. It allows businesses ("store clients") to publish and manage a browsable product catalog online. No transactions occur on SoldNearYou. The platform does not process payments, facilitate purchases, or act as a marketplace. All buying, selling, and payment activity happens off-platform, between the store and the customer directly.

2. Who These Terms Apply To

These Terms apply to:

• Marketing site visitors — anyone who visits go.soldnearyou.com to learn about the platform or submit a demo request
• Store clients — businesses that have been onboarded to use the SoldNearYou admin dashboard
• Store staff — employees or agents of a store client who access the admin dashboard
• Catalog visitors — members of the public who browse a store's public catalog page

Different provisions below apply to different groups where noted.

If you're a catalog visitor

In short: SoldNearYou is not a party to any purchase you make. We host the catalog; the store you're buying from is solely responsible for the transaction. Specifically:

• We make no warranty about the accuracy of any listing — verify price, availability, and condition with the store directly before buying (see Section 7)
• Any dispute about a purchase, item, or transaction is between you and the store, not Visuals & Visions LLC
• The acceptable-use rules in Section 8 apply to you, like everyone else who uses the platform
• If a listing looks fraudulent, counterfeit, or involves stolen property, you can report it (see Section 5)

3. Account Creation and Access (Store Clients and Staff)

Store accounts are created by Visuals & Visions LLC on behalf of store clients. There is no self-serve sign-up. By accepting account credentials, you represent that:

• You are authorized to act on behalf of the business you represent
• The information you provide during onboarding is accurate and current
• You are at least 18 years old

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized use of your credentials.

4. Store Client Responsibilities

As a store client, you are solely responsible for:

• The accuracy of all product listings, descriptions, prices, and images you publish
• Ensuring your listings comply with all applicable federal, state, and local laws
• Obtaining any required licenses or permits for the goods you sell
• Fulfilling any commitments made to customers who contact you through the platform
• Your customers' experiences and any disputes arising from your business operations
• Your Google Tag Manager (GTM) container, if you choose to connect one to your catalog page. You are solely responsible for the tags, pixels, and scripts within your GTM container and for ensuring that your use of those tools complies with all applicable privacy laws (including but not limited to the CCPA, and any state privacy laws applicable to your customers). Visuals & Visions LLC is not liable for the data practices of any third-party tools you deploy through GTM.
• Third-party tools we support out of the box. SoldNearYou applies a security policy to catalog pages that determines which external scripts are allowed to run. We currently allow a few of the most common tools stores connect through GTM — including Meta Pixel, TikTok Pixel, Google Analytics, Microsoft Clarity, and the Cookiebot, CookieYes, and Termly cookie-consent tools — purely because they are widely used, not because we have reviewed, vetted, or endorse them. Being on this list, or being added to it, is a technical allowance only. It is not an endorsement, recommendation, evaluation, or warranty of any kind about the tool, and does not change your responsibility for the tags in your container, as described above. This list is not exhaustive and will grow over time. If you want to use a different GTM tag or third-party tool, contact support@visualsnvisions.com and we'll evaluate adding it.
• AI-generated suggestions. SoldNearYou may offer optional AI-assisted tools (suggested titles, descriptions, and comparable pricing) to help you build listings faster. These suggestions are generated automatically and may be inaccurate, outdated, or incomplete. You are solely responsible for reviewing, editing, and verifying any AI-generated content — including descriptions, condition claims, and price comparisons — before publishing. Visuals & Visions LLC makes no warranty as to the accuracy of AI-generated suggestions.
• Rights to the content you upload. You represent and warrant that you own, or have obtained all necessary rights, licenses, and permissions to use and publish, every image, description, and other piece of content you upload to your catalog. This includes photos you did not take yourself — manufacturer photos, stock images, or images sourced online all require permission before you publish them on your catalog. Visuals & Visions LLC does not review or verify that you have this permission; you are solely responsible for it, and you agree to indemnify us under Section 12 for any claim (including a copyright claim under Section 16) arising from content you upload without the necessary rights.

Inquiry data — our role as your service provider. When a catalog visitor submits an inquiry about one of your listings, we process that visitor's contact information (name, email/phone, message) solely on your behalf and as instructed by you through the platform — to deliver the inquiry to your admin dashboard so you can respond. We do not use inquiry data for our own independent purposes (e.g., our own marketing), and we do not sell it. If you are yourself subject to a data-protection law that requires a specific "service provider" or "processor" designation for the vendors you use (such as the CCPA), this paragraph is intended to satisfy that requirement for our handling of your customers' inquiry data.

We are a software provider, not a party to any transaction or agreement between you and your customers.

5. Prohibited Content and Items

Store clients may not use SoldNearYou to list, advertise, or promote the following:

Weapons and dangerous items

• Firearms, ammunition, and firearm components (regardless of whether the sale would be legal)
• Explosives, incendiary devices, or their components
• Knives, brass knuckles, or other weapons that are illegal to sell in the applicable jurisdiction
• Stun guns, tasers, or other less-lethal weapons where prohibited by law

Controlled and regulated substances

• Illegal drugs or controlled substances
• Prescription medications or devices
• Products marketed as drug analogs or "legal highs"
• Tobacco, vaping, or cannabis products

Other prohibited items

• Stolen goods or items with removed or altered serial numbers
• Items that infringe intellectual property rights
• Counterfeit or materially misrepresented products
• Items that violate consumer protection laws (e.g., recalled products, products with concealed defects)
• Adult content or sexually explicit material
• Any item whose listing or sale would violate applicable law

This list is not exhaustive. We reserve the right to determine, in our sole discretion, that a listing violates these Terms and to remove it without notice. Visuals & Visions LLC reserves the right to update prohibited categories to reflect changes in applicable law or platform policy.

Reporting a listing: If you believe a listing violates this Section — for example, by misrepresenting goods, or involving stolen, counterfeit, or otherwise prohibited items — you can report it by emailing legal@visualsnvisions.com (subject line: "Reporting Prohibited Item") with the listing URL and a description of the issue. We will review reports in good faith and may remove or disable access to the listing at our discretion, with or without prior notice to the affected store client. This process is separate from the DMCA copyright process in Section 16.

6. Content Ownership and License

Your content: You retain ownership of all product listings, images, descriptions, and other content you upload to SoldNearYou ("Store Content"). By uploading Store Content, you grant Visuals & Visions LLC a non-exclusive, worldwide, royalty-free license to store, display, and distribute that content solely for the purpose of operating the platform on your behalf. We do not claim ownership of your content and will not use it for any purpose beyond platform operation, except that we may use de-identified, aggregated data derived from your content (not attributable to your store) to improve SoldNearYou, and may feature your publicly available catalog in product demos shown to prospective clients. For other marketing use — such as case studies, advertisements, or promotional materials — we will ask for your permission first. The license granted in this Section terminates upon account termination, subject to any retention obligations under Section 10.

Platform content: The SoldNearYou platform, including its design, code, and any original content we create, is owned by Visuals & Visions LLC. You may not copy, reproduce, or create derivative works from the platform without our written permission.

7. No Warranty on Catalog Accuracy

SoldNearYou displays product information as entered by store clients. We do not verify the accuracy of product descriptions, prices, condition representations, availability, or any other listing details. Catalog visitors should independently verify product information by contacting the store directly before making any purchasing decision. Prices, availability, and item condition are subject to change and should be confirmed with the store at time of purchase.

8. Acceptable Use

All users (store clients, staff, and catalog visitors) agree not to:

• Attempt to gain unauthorized access to any part of the platform or its underlying systems
• Use automated tools (bots, scrapers, crawlers, or similar automated means) to extract data from the platform without prior written consent
• Transmit spam, malware, or any content designed to harm the platform or its users
• Impersonate another person or business
• Use the platform in any way that violates applicable law

Violation of this Section may result in account termination under Section 10, blocking of access to the platform, or other remedies available at law or in equity.

9. Fees and Billing

SoldNearYou is a recurring, month-to-month subscription — there is no fixed term. Your subscription continues, and you will continue to be billed, until you cancel as described in Section 10 (Termination).

Billing cycle: Fees are billed monthly, with each billing cycle beginning on the anniversary of your account's onboarding date.

How billing works: Onboarding and billing are handled directly and manually — there is no self-serve signup or automatic card-on-file billing. We invoice store clients directly. Contact your account manager with any billing questions.

Refunds: Except as required by law, fees are non-refundable, including for partial billing periods. We may, at our sole discretion, issue a full or partial refund in individual cases.

10. Termination

By us: We may suspend or terminate a store client's account at any time, with or without notice, if we reasonably believe the account has violated these Terms, poses a legal or reputational risk to the platform, or for any other reason at our discretion. We will make reasonable efforts to notify store clients before termination unless we determine immediate action is necessary.

By you: Store clients may request account cancellation at any time by emailing support@visualsnvisions.com with the subject line "Cancel SoldNearYou Subscription?" (a "Cancel Subscription" link in the admin dashboard's Settings page sends this same email). Because accounts are set up individually rather than through self-service signup, cancellation is handled the same way — by a person, not automatically — and we will confirm the cancellation and its effective date by email. Upon termination, store catalog pages will be taken offline and stored data will be deleted within 30 days, except where retention is required by law.

Effect of termination: Sections 6 (Content Ownership), 7 (No Warranty), 11 (Limitation of Liability), 12 (Indemnification), 13 (Governing Law), and 14 (Assignment) survive termination.

11. Disclaimers and Limitation of Liability

Disclaimer of warranties: SoldNearYou is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of liability: To the maximum extent permitted by applicable law, Visuals & Visions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the platform. Our total liability to you for any claim arising from these Terms or the platform shall not exceed the greater of (a) the amounts you paid us in the three (3) months preceding the claim, or (b) three hundred dollars ($300), except that this limitation shall not apply to liability arising from Visuals & Visions LLC's fraud, willful misconduct, or gross negligence.

Right to cure technical issues: If you experience a bug, error, or service disruption, you agree to report it to support@visualsnvisions.com (subject line: "SNY - Issue Report") and give us a reasonable opportunity to investigate and resolve it before requesting a refund, terminating your account for cause, or pursuing any claim related to that issue. This is separate from, and does not shorten, the 30-day informal resolution period required under Section 13 for disputes that remain unresolved afterward.

12. Indemnification

Store clients agree to indemnify, defend, and hold harmless Visuals & Visions LLC and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the platform; (b) your Store Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

Visuals & Visions LLC will promptly notify you of any claim subject to indemnification and will reasonably cooperate in the defense at your expense. You may not settle any claim that imposes obligations or restrictions on Visuals & Visions LLC without our prior written consent.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Missouri, without regard to conflict of law principles.

Informal resolution required first: Before filing any claim, you agree to first send a written notice of the dispute to legal@visualsnvisions.com, including your contact information, a description of the issue, and the resolution you're seeking. Both parties agree to negotiate in good faith (by email or video call) for at least 30 days from that notice before pursuing formal legal action.

Small claims carve-out: Instead of arbitration, either party may bring an individual claim in the Small Claims Division of the Circuit Court of Cass County, Missouri, if the claim qualifies under that division's jurisdictional limit.

Arbitration: Any claim that doesn't qualify for small claims court, or that either party chooses not to bring there, will be resolved by binding, individual arbitration instead of in court. The arbitration will be conducted by a single arbitrator, by written submissions and/or video conference — no in-person hearing is required unless the arbitrator determines one is necessary. The parties will attempt to agree on an arbitrator; if they cannot agree within 14 days of one party requesting arbitration, either party may ask the Circuit Court of Cass County, Missouri to appoint one under the Federal Arbitration Act, 9 U.S.C. § 5. Each party will bear its own attorneys' fees and costs; the arbitrator's fees will be split equally between the parties unless the arbitrator decides a different split is fair given the circumstances. Any court proceeding connected to the arbitration — compelling arbitration, appointing an arbitrator, or confirming or vacating an award — will be brought in the Circuit Court of Cass County, Missouri. This arbitration requirement does not limit either party's right to seek injunctive or equitable relief in court for matters involving intellectual property infringement or unauthorized platform access.

Class action waiver: All disputes — whether resolved in small claims court or arbitration — must be resolved on an individual basis. You may not bring or participate in any class, collective, or representative action against Visuals & Visions LLC, and no claims may be consolidated with those of any other person.

Time limitation: Any claim arising under these Terms must be brought within one (1) year of the date the claim accrued. Claims not initiated within that period are permanently barred.

14. Assignment

These Terms, and any rights or obligations under them, may be assigned by Visuals & Visions LLC without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations under these Terms without our prior written consent.

15. Force Majeure

Neither party will be liable for any delay or failure to perform resulting from causes outside their reasonable control, including acts of God, government actions, internet or infrastructure outages, or third-party service provider failures. The affected party will provide prompt notice and use reasonable efforts to resume performance.

16. DMCA Copyright Policy

Visuals & Visions LLC respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe content on the platform infringes your copyright, send a written notice to our designated agent registered with the U.S. Copyright Office:

Legal Department
Visuals & Visions LLC
117 S Lexington St, Ste 100
Harrisonville, MO 64701
Phone: (417) 319-1240
Email: legal@visualsnvisions.com

Please use the subject line "DMCA Notice – [Store URL]" and include the following in your notice:

1. Identification of the copyrighted work claimed to be infringed
2. Identification of the allegedly infringing material and its location on the platform (e.g., the store URL and product listing)
3. Your contact information (name, address, telephone, and email)
4. A statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law
5. A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
6. Your electronic or physical signature

Upon receipt of a valid notice, we will expeditiously remove or disable access to the identified material and notify the affected store client. Repeat infringers may have their accounts terminated.

17. Severability

If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

18. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Visuals & Visions LLC regarding SoldNearYou and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the platform.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above. For store clients, we will provide at least 14 days' notice of material changes via email before they take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

20. Contact

Visuals & Visions LLC
Operating SoldNearYou
Email: legal@visualsnvisions.com — subject line: "SoldNearYou – Legal Inquiry"