Terms of Service

1. Acceptance of Terms

Welcome to 5th Tree LLC ("Company," "we," "us," "our," or "5th Tree"). These Terms of Service ("Terms") govern your access to and use of our website located at 5thtree.com and all related services, products, and content (collectively, the "Services") offered by 5th Tree LLC, a Massachusetts limited liability company.

By accessing, browsing, or using our website or Services, whether or not you complete a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any part of these Terms, please do not use our Services.

These Terms apply to all users of our Services, including customers, visitors, and any other individuals accessing our website or engaging with our business in any capacity.

2. Changes to Terms

5th Tree reserves the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to the website. Your continued use of the Services following any changes constitutes your acceptance of the new Terms.

We recommend that you review these Terms periodically to stay informed of any updates. If you do not accept the modified Terms, you must stop using the Services immediately.

The "Last Updated" date at the top of this document reflects when these Terms were most recently revised.

3. Use of Website and Services

Permitted Uses

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may:

• Browse and view product information
• Make purchases through our online store
• Create an account to manage your orders and preferences
• Contact us with inquiries or feedback
• Use the Services for personal, non-commercial purposes

Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to hack, crack, or compromise the security of our website or systems
• Upload, transmit, or distribute viruses, malware, or any malicious code
• Scrape, crawl, or automatically download content from the website without authorization
• Harass, abuse, threaten, or defame any person or entity
• Impersonate another person or entity
• Engage in spam, phishing, or any deceptive practices
• Interfere with or disrupt the normal operation of our Services or servers
• Circumvent any access controls, passwords, or security measures
• Use automated tools to access the Services without authorization
• Reverse engineer, decompile, or attempt to derive the source code of our Services
• Resell, redistribute, or commercially exploit the Services without permission

4. Account Registration

Creating an Account

To make purchases or access certain features of our Services, you may be required to create an account. When you register, you agree to:

• Provide accurate, complete, and current information
• Keep your password confidential and secure
• Update your information promptly if any details change
• Accept responsibility for all activity that occurs under your account

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether authorized by you or not. If you suspect unauthorized use of your account, notify us immediately at 5thtreebazaar@gmail.com.

Account Termination

5th Tree reserves the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in any unlawful or inappropriate conduct.

5. Intellectual Property Rights

5th Tree Intellectual Property

All content on our website, including but not limited to text, graphics, images, logos, product photographs, designs, video, audio, and software ("Content"), is the exclusive property of 5th Tree LLC or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The "5th Tree" name, logo, and all related brand names and logos are trademarks of 5th Tree LLC. Unauthorized use of these trademarks is prohibited.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and view the Content for personal, non-commercial use only. You agree not to:

• Reproduce, republish, or distribute the Content without written permission
• Modify, adapt, translate, or create derivative works based on the Content
• Remove, obscure, or alter any copyright notices, trademarks, or other proprietary markings
• Use the Content for commercial purposes without authorization
• Display the Content on any third-party website without permission

Product Images and Descriptions

While we strive to provide accurate product images and descriptions, colors and details may vary slightly due to photography, screen settings, and production variations. We do not warrant that product images are completely accurate representations of the actual products.

6. User-Generated Content

Your Submissions

If you submit any content to our Services, including reviews, comments, feedback, or other materials ("User Content"), you retain ownership of your User Content but grant 5th Tree LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display your User Content in connection with our Services and marketing efforts.

Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to the User Content you submit
• Your User Content does not infringe on any third-party intellectual property rights
• Your User Content is not defamatory, fraudulent, abusive, or otherwise unlawful
• Your User Content does not violate any applicable laws or regulations

Content Removal

We reserve the right to remove, modify, or refuse to publish any User Content that we believe violates these Terms or is otherwise inappropriate. This includes reviews that contain false information, are off-topic, or contain inappropriate language.

7. Third-Party Links and Content

External Links

Our website may contain links to third-party websites, applications, and services that are not operated by 5th Tree. We do not endorse, warrant, or assume responsibility for the accuracy, completeness, or legality of content on third-party sites.

No Responsibility

Your use of third-party websites and services is at your own risk and subject to their terms of service and privacy policies. We are not responsible for:

• The availability or functionality of third-party services
• Any loss, damage, or harm resulting from your use of third-party content or services
• The accuracy or legality of third-party information
• Privacy practices of third-party websites

Social Media

If we maintain social media accounts, any links to our social media pages are provided for convenience only. Your use of social media platforms is governed by their respective terms of service and privacy policies.

8. Disclaimer of Warranties

As-Is Basis

Our Services, including all Content, products, and information, are provided on an "AS-IS" and "AS-AVAILABLE" basis without any warranties of any kind, whether express or implied.

No Warranties

5th Tree LLC disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding the accuracy, completeness, or timeliness of Content
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the quality of products or services

Product Warranties

Products sold through our Services are subject to applicable manufacturer warranties, which are provided separately. Some products, particularly handmade goods and specialty items, may have inherent variations in color, size, or appearance due to their artisanal nature. We do not warrant perfection in handcrafted items.

No Liability for Errors

We do not guarantee that product descriptions, prices, or availability information is completely accurate. While we make reasonable efforts to keep information current, errors may occur. We reserve the right to correct errors and to cancel orders involving pricing errors.

9. Limitation of Liability

Cap on Liability

To the maximum extent permitted by law, 5th Tree LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

• Your use of or inability to use the Services
• Your reliance on Content or information obtained through the Services
• Unauthorized access to or alteration of your transmissions or data
• Any third-party content or services
• Loss of profits, revenue, business opportunities, or goodwill
• Loss of data or corruption of files

Maximum Liability

In no event shall 5th Tree LLC's total liability to you exceed the greater of: (a) the amount you paid for the Services that gave rise to the claim, or (b) one hundred dollars ($100), except where such limitation is prohibited by law.

Essential Terms

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. If you are located in such a jurisdiction, the limitation may not apply to you. To the extent permitted by law, these limitations are an essential part of the agreement between you and 5th Tree.

10. Indemnification

Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless 5th Tree LLC and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services or violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content or any content you submit
• Your violation of third-party rights, including intellectual property rights
• Any claims arising from your account or actions taken under your account

Procedure

We will provide you with notice of any such claim and will cooperate with your defense. You agree not to settle any claim without our prior written consent.

11. Governing Law and Jurisdiction

Massachusetts Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles.

Jurisdiction

You agree that any legal action or proceeding arising from or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Massachusetts (specifically, the courts in Suffolk County where 5th Tree's principal place of business is located), and you consent to the personal jurisdiction and venue of such courts.

Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations in your use of the Services. If any applicable law requires us to change our Services or these Terms, we will do so to the minimum extent necessary.

12. Dispute Resolution

Informal Resolution

If you have a dispute with 5th Tree, we encourage you to contact us first to attempt to resolve the matter informally. Please contact us at:

Email: 5thtreebazaar@gmail.com

We will make reasonable efforts to resolve your concern promptly.

Binding Arbitration

If the dispute cannot be resolved through informal negotiation within thirty (30) days, you and 5th Tree agree that the dispute shall be resolved by binding arbitration, except as provided below.

Arbitration Agreement

You and 5th Tree agree that any dispute arising from or related to these Terms or the Services shall be settled by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• The arbitration shall be conducted in Boston, Massachusetts, or by remote proceedings if both parties agree
• The arbitrator shall apply the law of Massachusetts
• The arbitration shall be confidential
• Each party shall bear its own costs unless the arbitrator awards fees and costs to the prevailing party

Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Claims brought in small claims court, if you are eligible and comply with small claims procedures
• Infringement of intellectual property rights
• Injunctive relief for breach of these Terms

No Class Actions

You and 5th Tree agree that any arbitration shall be conducted on an individual basis and not as a class action, collective action, or representative action. You waive the right to participate in class action litigation or class-wide arbitration.

13. Severability

If any provision of these Terms is found to be invalid, unenforceable, or void by a court of competent jurisdiction, such provision shall be reformed to the minimum extent necessary to make it valid and enforceable. If the provision cannot be reformed, it shall be severed from these Terms.

The remaining provisions of these Terms shall remain in full force and effect. The severance of any provision shall not affect the validity or enforceability of the other provisions of these Terms.

14. Contact Information

How to Reach Us

If you have any questions about these Terms of Service, our Services, or wish to report a violation, please contact us at:

Notice Procedure

Any notice, demand, or communication required to be sent to 5th Tree under these Terms or applicable law shall be sent to the email address above. You agree that notice sent via email shall be effective upon sending, unless we provide otherwise in writing.

Feedback and Suggestions

We welcome your feedback, suggestions, and comments about our Services. Please feel free to contact us at 5thtreebazaar@gmail.com with any input you may have.