Terms and Conditions

Last updated: July 22, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://new.thismemphis.com website (the “Service”) operated by Kisber International LLC d/b/a This is Memphis (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

By agreeing to these Terms, you allow This is Memphis to receive a 10% commission on all your products sold by the use of the service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of This is Memphis and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by This is Memphis.

This is Memphis has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that This is Memphis shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Merchandise

By agreeing to our Terms you are agreeing to sell your merchandise on our site. Your merchandise must be approved by a This is Memphis representative. We reserve the right to remove any products we do not approve of. This is a non-exclusive agreement. Vendors may sell their products elsewhere. By agreeing to these terms, vendors agree to sell their product for the same price on our site as anywhere else their product is sold. If their product is already sold elsewhere at various prices, vendor shall list their product on our site with the equivalent sales price as the cheaper amount. Vendor agrees to be responsible for shipping and manufacturing their products. If This Is Memphis is required to assist with product fulfillment in any way, we reserve the right to unilaterally raise our commission to 25%. If a vendor’s sale of merchandise is found to violate these terms, we reserve the right to remove them from our site

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law provisions.  You agree that any and all claims relating to your use shall be litigated exclusively in a court of competent jurisdiction in Shelby County, Tennessee.

Our failure to strictly enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.