Terms of Use

Last Updated: June 22, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, PLACING AN ORDER, ENROLLING IN A PAID OFFERING, OR OTHERWISE PURCHASING PRODUCTS OR SERVICES FROM US, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.
THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Welcome to www.sellit.com, a website owned and operated by Serhant Ventures LLC ("Serhant," "we," "us," or "our"). These Terms of Use govern your access to and use of our website, mobile applications, platform, community, memberships, subscriptions, coaching services, courses, events, digital content, physical products, purchase channels, communications, and related products and services made available by or on behalf of Serhant or SellIt (collectively, the "Services").

These Terms of Use incorporate by reference our Privacy Policy and any specific purchase, enrollment, order, promotional, event, or product-specific terms disclosed at registration, enrollment, purchase, in an order form, or in other written materials we make available. If you do not agree to these Terms of Use, you may not access or use the Services.

  1. Eligibility; Authority; Use Rights and Restrictions

    The Services are available only to individuals aged thirteen (13) years or older. If you are thirteen (13) or older but under the age of majority in your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian. If you place an order or enroll in a paid offering, you represent that you are of legal age to form a binding contract with us or have the required consent. If you place an order on behalf of an entity, organization, brokerage, team, or other business, you represent that you have authority to bind that entity or organization to these Terms of Use and the applicable purchase terms.
    Subject to your compliance with these Terms of Use, Serhant grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use or other use expressly authorized by us in writing. We may terminate this license at any time for any reason permitted by applicable law.

    When using or accessing the Services, you agree that:
  • you will comply with all applicable laws and will not use the Services for any unlawful purpose;
  • you will not access or use the Services to collect market research for a competing business or to develop, train, or improve a competing product or service;
  • you will not impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity,falsify your age or date of birth, or access another account without authorization;
  • you will not harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;
  • you will not interfere with, disrupt, or attempt to interrupt the operation, security, integrity, or performance of the Services or any user's enjoyment of the Services;
  • you will not use any robot, spider, scraper, crawler, data mining tool, or other automated means to access the Services without our express written permission;
  • you will not decompile, reverse engineer, disassemble, or attempt to discover the source code of any software, product, feature, or process accessible through the Services, except to the extent such restriction is prohibited by law;
  • you will not sell, transfer, assign, license, sublicense, distribute, or otherwise make available your account, membership, access rights, the Services, or any Content except as expressly authorized by us in writing;
  • you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying the Services or Content;
  • you will not introduce, post, upload, transmit, or distribute any virus, worm, spyware, malware, adware, Trojan horse, timebomb, harmful code, or other malicious or disruptive code or mechanism;
  • you will not collect personal information about any other user or third party without consent; and
  • you will not attempt, assist, encourage, or permit any person to engage in any prohibited conduct.
  1. Accounts; Account Security

    To access certain portions of the Services, memberships, products, courses, coaching services, community features, or Content, you may be required to create an account or provide registration information. You agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality and security of your login credentials and account, and you are responsible for all activities that occur under your account. You may not share, sell, transfer, or permit any other person to use your account, membership, login credentials, or access rights except as expressly authorized by us in writing. You agree to notify us promptly at hello@sellit.com if you believe your account or credentials have been compromised or used without authorization.
3.
Modifications; Suspension; Termination Rights

Serhant reserves the right, at any time, to modify, suspend, restrict, or discontinue the Services, any products, services, courses, memberships, community features, coaching services, Content, or any part thereof, with or without notice, subject to applicable law. We may suspend, restrict, or terminate your access to the Services, your account, or any membership at any time if we believe you have violated these Terms of Use, failed to pay amounts when due, engaged in fraudulent, abusive, unlawful, or harmful conduct, created risk or potential legal exposure for us, or for any other reason permitted by applicable law. You may terminate your account or cancel your membership or subscription as described in these Terms of Use or through the cancellation mechanisms we make available.
Upon termination: (a) your license rights will terminate and you must cease using the applicable Services and Content; (b) you may lose access to your account and User Content; (c) you remain responsible for unpaid amounts due for products or services provided before termination; and (d) provisions that by their nature should survive termination will survive, including provisions relating to ownership, Content, User Content, Feedback, payment obligations, disclaimers, limitation of liability, indemnification, arbitration, class action waiver, and miscellaneous legal terms. If your account is terminated for breach of these Terms of Use, you may not create a new account using a different name, email address, or other account verification information without our written permission.
4.
Intellectual Property; Ownership

The Services and all content, materials, software, text, graphics, images, videos, audio, courses, templates, downloads, trademarks,service marks, logos, designs, features, functionality, data, interfaces, and other materials provided by or on behalf of Serhant or Sell It (collectively, the "Content") are protected by copyright, trademark, trade dress,unfair competition, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Serhant and our licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. There are no implied licenses in these Terms of Use.
Subject to your compliance with these Terms of Use, you may view and use Content solely for your own personal, non-commercial use or as otherwise expressly authorized by us in writing. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, create derivative works from, distribute, scrape, train artificial intelligence models on, or otherwise use the Services or Content for any public, commercial,competitive, or unauthorized purpose without our prior written consent. All goodwill generated from the use of Serhant or Sell It trademarks inures to our benefit.
5.
User Content; Feedback; Moderation

Certain features of the Services may allow you to submit, upload, publish, post, transmit, or otherwise provide content, including messages, reviews, comments, photos, video, audio, images, data, text, files, and other materials ("User Content"). You retain ownership of User Content to the extent you own such content, but you grant Serhant and our service providers a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, use, reproduce, display, perform, transmit, distribute, modify, format, and create derivative works from User Content as reasonably necessary to provide, operate, improve, market, protect, and promote the Services and Content.
You represent and warrant that you have all rights necessary to provide User Content and that your User Content and our use of it as permitted under these Terms of Use does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property, privacy, publicity, contract, moral, or other rights; defame, harass, threaten, or otherwise harm any person; require us to obtain additional licenses or pay royalties, fees, or compensation to any third party; or cause us to violate any law or regulation.
If you provide feedback, comments, ideas, suggestions, requests, or other submissions regarding the Services, products, memberships, coaching services, courses, or Content ("Feedback"), you agree that we may use, reproduce, disclose, and otherwise exploit such Feedback without restriction, attribution, or compensation to you or any third party.
We are not obligated to monitor, edit, or control User Content. We may, however, at any time and without prior notice, screen, remove, edit, block, mute, filter, disable access to, or otherwise moderate any User Content or account activity that we believe violates these Terms of Use, is alleged to violate third-party rights, is unlawful, harmful, or otherwise objectionable, or creates risk for us, the Services, or other users. You are solely responsible for retaining copies of your User Content.
We prohibit sexual, suggestive, exploitative, predatory, orotherwise inappropriate content or behavior involving minors, including child sexual abuse material or exploitation content. If such content is identified, we may remove it, ban related accounts, preserve relevant information, and report to appropriate authorities as required by law.
6.
Communications; SMS, Email, Push Notifications, and Electronic Notices

By providing your phone number, email address, or other contact information and opting in through the Services, registration page, account settings, purchase process, or other mechanism made available by us, you consent to receive communications from Serhant and/or Sell It, including marketing, promotional, transactional, informational, account, billing, service, and administrative messages. Communications may be sent by SMS/text message, email, telephone, push notification, in-app notification, or other electronic means, as applicable. Consent to receive marketing communications is not a condition of purchase unless expressly stated at the point of collection.
SMS/text messages may include appointment and meeting reminders, account updates, customer service communications, billing or membership notices, follow-ups related to your interactions with us, and marketing or promotional messages. Message frequency varies. Message and datarates may apply. You may text HELP for help and STOP to opt out of SMS/text messages. After you text STOP, we may send a final confirmation message andthen cease sending non-exempt SMS/text messages to that number, except as permitted by law.
You may unsubscribe from marketing emails by using the unsubscribe link included in those emails. Even if you opt out of marketing communications, you may continue to receive transactional, administrative, account, billing, security, purchase, renewal, cancellation, or service-related communications from us. You may control push notifications and in-app notifications through your device or app settings, where available. We do not sell your personal information in connection with SMS or email communications. For more information about how we collect, use, disclose, and protect personal information, please review our Privacy Policy.
You agree that notices, disclosures, agreements, confirmations, and other communications we send electronically may satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
7.
Purchases; Orders; Payment Terms

All purchases of products, memberships, subscriptions, coaching services, courses, programs, events, digital content, physical products, and other paid offerings made available by or on behalf of Serhant or Sell It are governed by these Terms of Use and any specific purchase terms disclosed at registration, enrollment, purchase, in an order form, or in other written materials we make available. Your placement of an order is an offer to purchase the products or services listed in your order. All orders are subject to acceptance by us. We may decline, cancel, or limit any order in our discretion, including after sending an order confirmation, if we identify an error, payment issue, suspected fraud, availability issue, violation of our terms, or other issue affecting the order.
The applicable product or service description, price, billing interval, trial period, commitment term, renewal term, taxes, fees, cancellation terms, refund terms, and other material purchase terms will be disclosed at registration, enrollment, purchase, in an order form, or otherwise at the time of purchase. You are responsible for reviewing those terms before completing your purchase.
Prices, discounts, promotional offers, features, benefits, and availability are subject to change prospectively, subject to applicable law and any specific purchase terms presented at purchase or in other written purchase materials. The price charged for a product or service will be the price disclosed at the time of purchase, except that we may correct errors, inaccuracies, or omissions related to pricing, availability, or product descriptions and may cancel or adjust orders arising from such errors to the extent permitted by law.
By submitting payment information or completing a purchase, you authorize Serhant, Sell It, our affiliates, and our third-party payment processors to charge your selected payment method for all applicable fees, subscription fees, renewal charges, taxes, shipping and handling charges, and other amounts due in connection with your purchase. Charges may appear on your statement under "Sell It," "SellIt.com,""Serhant," or a substantially similar billing descriptor. You represent that the payment information you provide is accurate and that you are authorized to use the selected payment method. Unless otherwise stated at purchase or required by law, all fees are in U.S. dollars and do not include taxes or other governmental charges, which may be added to your order or charged as required.
8.
Memberships; Subscriptions; Auto-Renewal

Certain products and services may be offered as memberships, subscriptions, or other recurring paid offerings (collectively, "Subscription Offerings"). Sell It memberships are offered in the tiers, prices, trial periods, commitment terms, billing intervals, renewal terms, features, and benefits disclosed at registration, enrollment, purchase, in an order form, or otherwise at the time of purchase. Unless otherwise stated at purchase or in the applicable enrollment materials, the current membership options include: (a) a monthly plan with a free trial, after which the plan is billed monthly and automatically renews monthly until cancelled; (b) a monthly-billed plan with a twelve (12) month commitment, billed monthly and automatically renewing as disclosed at purchase; and (c) an annual plan, billed upfront and automatically renewing yearly until cancelled.
By enrolling in a Subscription Offering, you authorize us and our payment processors to charge your payment method on a recurring basis according to the price, billing interval, trial period, commitment term, renewal term, and cancellation terms disclosed at registration, enrollment, purchase, in an order form, or in other enrollment materials. Unless cancelled in accordance with the applicable cancellation terms or terminated by us, the Subscription Offering will automatically renew for successive renewal periods according to the renewal terms disclosed for the selected plan. To avoid future charges, cancellation must be completed before the applicable renewal date or before the end of any free trial period, as applicable.
You agree to keep your payment information current. We and our payment processors may retry failed payments, use updated payment credentials provided by your payment network or processor, and suspend, restrict, or terminate access to paid offerings for nonpayment, subject to applicable law.
9.
PRO Coaching Services; Affiliated Agent Pricing

Serhant or Sell It may offer one-on-one coaching services with designated branding coaches, real estate coaches, or other coaches made available by us ("PRO Coaching Services"). Eligible affiliated agents may receive discounted pricing or other modified terms, as disclosed at registration, enrollment, purchase, in an order form, or in other written enrollment materials. Unless otherwise stated at enrollment, our PRO CoachingServices include weekly thirty (30) minute real estate coaching sessions and bi-weekly branding coaching sessions. Coach assignments, scheduling, session availability, and session format are subject to coach availability and our scheduling policies, and we may substitute coaches or modify administrative procedures as reasonably necessary.
PRO Coaching Services are educational and advisory in nature and do not guarantee any particular business, branding, financial, transaction, lead-generation, revenue, professional, or other outcome. By enrolling in PRO Coaching Services, you authorize us and our payment processors to charge your selected payment method for the applicable fees according to the disclosed billing terms.
For eligible affiliated agents, unless a separate expressly states otherwise, enrollment in PRO Coaching Services through the Services, purchase process, order form, or other written enrollment materials is governed by these Terms of Use and the applicable enrollment materials and does not require a separate coaching agreement. Affiliated-agent pricing, discounts, or modified terms are offered in our discretion, may differ from otherwise applicable pricing or terms for PRO Coaching Services, and maybe changed or discontinued prospectively.
Affiliated agents may cancel PRO Coaching Services prospectively by contacting us or using any cancellation mechanism we make available. If an affiliated agent is unable to continue PRO Coaching Services, the agent may request early cancellation, and we may approve such request without acceleration of future unpaid fees, early termination penalties, or other cancellation penalties. Unless otherwise required by law or expressly approved by us in writing, amounts already paid or due for services provided before the effective cancellation date are non-refundable.
10.
Cancellation; Refunds

Cancellation and refund rights depend on the product or service purchased and the terms disclosed at registration, enrollment, purchase, in an order form, or otherwise at the time of purchase. Unless otherwise required by law or expressly stated by us in writing, refunds are available only if requested within seven (7) days after the applicable purchase or renewal charge. No refunds will be issued after seven (7) days.
Monthly memberships or subscriptions may be cancelled using the cancellation mechanism made available through your account, the applicable purchase provider, customer support, or another mechanism we make available. Unless otherwise required by law or expressly stated by us, cancellation will take effect at the end of the then-current billing period, and you will continue to have access through the end of that billing period. For any free trial, you must cancel before the trial ends to avoid the first paid charge.
If you enroll in a monthly-billed plan with a commitment term, you remain responsible for payments due during the commitment term unless otherwise required by law, expressly stated at purchase, or approved by us in writing. If you enroll in an annual plan, you may cancel renewal at any time, but cancellation does not entitle you to a refund for the remaining portion of the then-current annual term unless required by law or approved by us in writing.
Events, live sessions, courses, physical products, promotional offers, and other special offerings may be subject to separate or additional cancellation, rescheduling, return, or refund terms disclosed at purchase. If we cancel an event or live session, we may provide a refund, credit, or rescheduling option as disclosed for the applicable offering or as required by law. If an event or live session is postponed, rescheduled, or relocated, your registration may remain valid for the new date or format unless we state otherwise. To request cancellation support or a refund, contact us at hello@sellit.com or use the applicable cancellation or support mechanism we make available.
11.
Delinquent Accounts; Failed Payments

If any amount due is unpaid, we may suspend, restrict, or terminate access to the applicable product, service, membership, subscription, course, coaching service, community feature, or account, subject to applicable law. You remain responsible for amounts due for products or services provided before suspension, restriction, termination, or cancellation. We may charge or seek reimbursement for charge back costs, collection costs, payment processing fees, and other costs associated with unpaid amounts to the extent permitted by law. Notwithstanding the foregoing, affiliated-agent PRO Coaching Services approved for early cancellation will be handled as described in Section 9 of these Terms of Use.
12.
Physical Products; Shipping; Events; No Resale

If we offer physical products, the applicable product page or purchase materials will describe available delivery options, shipping and handling charges, return eligibility, and any other product-specific terms. Unless otherwise stated at purchase, title and risk of loss for physical products pass to you when we transfer the product to the carrier. Shipping and delivery dates are estimates only and are not guaranteed.

Unless otherwise stated at purchase, tickets, event registrations, live course seats, and similar limited-capacity purchases are not transferable and may be non-refundable, except as required by law or expressly approved by us in writing.

Unless expressly authorized by us in writing, products, services, memberships, subscriptions, courses, coaching services, event registrations, and access rights are purchased for your own use and may not be resold, transferred, assigned, sublicensed, shared, or otherwise made available to any other person.
13.
No Warranties; Educational and Informational Purposes; Limitation ofLiability

THE SERVICES AND ALL CONTENT, PRODUCTS, MEMBERSHIPS, SUBSCRIPTIONS, COACHING SERVICES, COURSES, EVENTS, DIGITAL CONTENT, PHYSICAL PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, SECURITY, ACCURACY, SUITABILITY, TIMELINESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, SERHANT DOES NOT WARRANT THAT: (1) THE INFORMATION AVAILABLE THROUGH THE SERVICES IS CORRECT, ACCURATE, COMPLETE, OR RELIABLE; (2) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SERVICES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES, CONTENT, COURSES, COACHING SERVICES, PROGRAMS, AND RELATED MATERIALS ARE FOR EDUCATIONAL, INFORMATIONAL, ADVISORY, OR COMMUNITY PURPOSES ONLY, AS APPLICABLE. WE DO NOT PROVIDE FINANCIAL, ACCOUNTING, SECURITIES, TAX, LEGAL, OR REAL ESTATE BROKERAGE ADVICE THROUGH SELL IT. WE MAKE NO REPRESENTATION, WARRANTY, OR COVENANT THAT ANY USER WILL ACHIEVE ANY PARTICULAR BUSINESS, BRANDING, FINANCIAL, TRANSACTION, LEAD-GENERATION, REVENUE, PROFESSIONAL, EARNINGS, PROFIT, OR OTHER OUTCOME. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. YOUR USE OF OR RELIANCE ON ANY INFORMATION OR MATERIALS PROVIDED THROUGH THE SERVICES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, PRODUCTS, MEMBERSHIPS, SUBSCRIPTIONS, COACHING SERVICES, COURSES, EVENTS, CONTENT, OR OTHER OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DIRECT DAMAGES YOU MAY SUFFER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO SERHANT FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR, IF NO AMOUNTS HAVE BEEN PAID, ONE HUNDRED UNITED STATES DOLLARS (US $100). NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
14.
Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Serhant, Sell It, our affiliates, and our and their respective owners, members, officers, directors, managers, employees, agents, contractors, consultants, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) your unauthorized use or misuse of the Services or Content; (b)your violation of these Terms of Use, any purchase terms, any representation or warranty, or any applicable law or regulation; (c) your User Content or Feedback; (d) your violation of any third-party right, including intellectual property, privacy, publicity, confidentiality, or other property rights; or (e) any dispute between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

15.
Third-Party Services; External Sites; App Stores

The Services may contain links to third-party websites, tools, integrations, platforms, payment processors, app stores, add-ons, services, or products not provided by us (collectively, "Third-Party Services"). If you use or enable Third-Party Services, you authorize us and our service providers to process data, including User Content, as reasonably necessary to provide the requested functionality. Your use of Third-Party Services may be subject to separate terms between you and the applicable provider. We do not control and are not responsible for Third-Party Services, including their security, functionality, operation, availability, interoperability, or use of your information.
If you access or download the Sell It mobile application through the Apple App Store, Google Play, or another app marketplace, you agree to comply with all applicable app store terms. Apple Inc., Google LLC, and their respective affiliates are not responsible for the Services, Content, maintenance, support, warranties, claims, or third-party intellectual property claims except to the extent required by applicable app store terms or law. To the extent required by applicable app store terms, Apple and Google may be third-party beneficiaries of these Terms of Use with respect to your use of the applicable mobile application.

16.
Compliance with Applicable Laws; California Notice

The Services are based in the United States. We make no claims concerning whether the Services or Content are accessible, available, or appropriate outside of the United States. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction in connection with your purchase, access to, and use of the Services. If you are a California resident, under California Civil Code Section 1789.3 you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210, to resolve a complaint or receive further information regarding use of the Services.

17.
Controlling Law

These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to conflicts of law principles, except to the extent preempted by or inconsistent with federal law.

18.
Binding Arbitration

In the event of a dispute arising under or relating to these Terms of Use, the Services, purchases, billing, communications from us, or any products or services provided by us (each, a "Dispute"), either you or Serhant may elect to finally and exclusively resolve the Dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER YOU OR SERHANT CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF PERMITTED BY THAT COURT'S RULES AND WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED.
Before initiating arbitration, a party must first send written notice of the Dispute to the other party by certified U.S. Mail, Federal Express or another nationally recognized overnight courier, or, if the other party has not provided a current physical address, by electronic mail. The notice must identify the party making the claim, describe the nature and basis of the Dispute, and set forth the specific relief sought. The parties will make good faith efforts to resolve the Dispute directly for at least thirty (30) days after the notice is received.
The arbitration shall be commenced and conducted by JAMS or AAA pursuant to its then-current rules applicable to the Dispute, including any consumer arbitration rules where applicable. The arbitration may be conducted in person, through the submission of documents, by phone, by video, or online. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause does not preclude either party from seeking provisional remedies in aid of arbitration or from bringing an action in court to address intellectual property infringement or misuse of confidential or proprietary information.
If you do not wish to resolve Disputes by binding arbitration, you may opt out of this Section within thirty (30) days after the date you first agree to these Terms of Use by sending written notice to SellIt, Attention: Legal Department - Arbitration Opt-Out, 372 W Broadway, New York, NY 10012, or such other address as we may provide. Your opt-out notice must include your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration. The remaining provisions of these Terms of Use will not be affected by your opt-out notice.

19.
Class Action Waiver

You understand and agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law: (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOURINDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.
Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights, confidential information, proprietary information, or access controls by you, we may suffer irreparable harm and will therefore be entitled to seek injunctive or equitable relief. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of arbitration or other permitted proceedings.

21.
Force Majeure

We will not be liable or responsible for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, governmental actions, war, terrorism, civil unrest, epidemic or pandemic, labor disputes, supply chain disruptions, carrier delays, telecommunications failures, power outages, payment processor outages, platform outages, app store actions, or other events beyond our reasonable control.

22.
Changes to These Terms of Use

We may change these Terms of Use from time to time by posting an updated version or otherwise providing notice as required by law. Any such changes will apply prospectively except as otherwise required by law or stated by us. By accessing or using the Services after changes become effective, you are deemed to have accepted such changes. If you do not agree to the updated Terms of Use, you must stop using the Services.

23.
Miscellaneous

You may not assign or delegate your rights or obligations under these Terms of Use without our prior written consent. Any attempted assignment or delegation in violation of this Section is void. No failure or delay by Serhant in exercising any right or remedy will operate as a waiver. If any provision of these Terms of Use is found invalid or unenforceable, that provision will be enforced to the greatest extent permitted by law and the remaining provisions will remain in full force and effect. Headings are for convenience only and shall not be used to limit or interpret these Terms of Use.
These Terms of Use, the Privacy Policy, and any applicable registration, enrollment, purchase, order form, promotional, event, or product-specific terms constitute the agreement between you and Serhant regarding the Services and any purchases from us, and supersede any prior or contemporaneous communications, representations, or agreements between us regarding the same subject matter, except to the extent a separate written agreement expressly states that it controls.

24.
How to Contact Us

If you have questions about these Terms of Use or need support with a purchase, please contact us at
hello@sellit.com.
Read our Privacy Policy →