LEGAL
Terms & Conditions
Effective September 5, 2026
These Terms & Conditions (Terms) are a binding agreement between you and Scott Smith dba SMISCO, doing business as If There's Anything That You Want (A SMISCO Company) (Operator, we, us, or our). They govern your access to and use of iftheresanythingthatyouwant.com and its accounts, marketplace pages, Listings, subscriptions, communications, and related features (collectively, the Service).
The Privacy Policy explains our data practices. The Prohibited Items and Content Policy, Child Safety Policy, and Copyright and DMCA Policy form part of these Terms. The public Marketplace and Safety Disclaimer summarizes risk, warranty, and liability provisions contained in these Terms; it is not a separate agreement. Short versions do not replace these Terms or reduce any right or obligation stated here.
Acceptance and eligibility
You accept these Terms by creating an account, affirmatively agreeing to them through the Service, purchasing a subscription, publishing a Listing, or using a feature that expressly requires acceptance. If you do not agree, do not create an account, publish a Listing, purchase a subscription, or use a live conversation.
You must be at least 18 years old and legally able to form a binding contract to create an account, publish a Listing, or participate in a live conversation. The Service is offered for use in the United States and is not directed to children.
If you use the Service for an organization, you represent that you are authorized to bind it. You then means both you and that organization where the context permits.
Definitions
An Account Holder is an adult with a registered account. A Seller is an Account Holder who publishes or manages a Listing. A Buyer is an adult who contacts a Seller about a Listing, whether or not the Buyer has an account. A Listing is the information, photographs, terms, and other material a Seller publishes about an item. User Content means Listings and other material a user submits or publishes through the Service.
Service model
The Service gives each Seller a public marketplace page at its own web address. A Seller may share that address with neighbors, clubs, congregations, family members, customers, or anyone else the Seller chooses.
The Service does not provide a site-wide marketplace directory, product feed, seller ranking, recommendation system, or search that combines one Seller's Listings with another's. Ordinary navigation, account tools, and external search-engine indexing do not change this model.
The Operator supplies marketplace pages, Listing capacity, and communication tools. It does not collect or process payment for listed items, provide escrow, arrange delivery, inspect items, take a sales commission, or guarantee a Buyer, Seller, Listing, item, or transaction.
Accounts
You must provide accurate, current information and keep it current. Your email address is your login identity and must be verified. Your private legal name is used for account administration; the public name you choose is displayed as the Service indicates. A phone number is collected as an account detail but is not represented as verified unless the Service expressly says it has been verified.
You are responsible for safeguarding credentials and for activity under your account. Notify us promptly through the Contact page if you suspect unauthorized access. Do not sell, transfer, share, or create an account for someone who is ineligible.
Public marketplace pages and Listings
Seller marketplace pages and Listings are public. Public pages may be indexed and cached by search engines, shared by visitors, or copied by third parties. Removing or deactivating a Listing does not guarantee deletion of copies outside our control.
You are solely responsible for your User Content, including its accuracy, legality, safety, price, disclosures, and photographs. You must own an item or have legal authority to offer it. You must own or have sufficient rights to every photograph, description, trademark, and other work you submit.
An address being absent from a site-wide directory does not make it private. Do not publish information that you are unwilling to make public.
Permission to use User Content
You retain ownership of your User Content. You grant the Operator a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, resize, create technical derivatives of, transmit, publicly display, distribute, cache, and otherwise process that content only as reasonably necessary to:
- provide, secure, maintain, and improve the Service;
- display your marketplace and Listings at your direction;
- create thumbnails, previews, backups, and technically compatible versions;
- permit search-engine indexing of public pages;
- investigate reports and enforce these Terms; and
- comply with law.
This license includes the right to use infrastructure and service providers for those purposes. It ends when the content is deleted from our active systems, except for copies reasonably retained in backups, security records, dispute files, or legal records and copies outside our control. No license authorizes us to sell your photographs or use your Listing to advertise unrelated products without separate permission.
You represent that granting this license and our permitted use will not infringe another person's rights.
Permitted items and prohibited conduct
The Service may be used only for lawful tangible personal property within categories we permit. The Prohibited Items and Content Policy provides the specific rules for Listings, content, transactions, and conduct. The Child Safety Policy provides additional rules for material or conduct involving minors, and the Copyright and DMCA Policy governs copyright notices, counter-notices, and repeat infringement.
You must comply with that Policy and may not use the Service to facilitate unlawful, unsafe, fraudulent, deceptive, infringing, exploitative, or otherwise prohibited activity. If a specific rule in the Policy conflicts with a general statement in these Terms, the more specific rule controls for that subject. Neither document removes a right or responsibility that cannot lawfully be waived.
Marketplace role and transaction risk
The Operator is not the Buyer or Seller and is not a party to a transaction involving a listed item. Unless we expressly agree otherwise in a separate written contract, we are not a broker, auctioneer, payment processor for listed items, escrow provider, warehouse, carrier, delivery service, inspector, appraiser, authenticator, insurer, or guarantor.
The Buyer and Seller are solely responsible for deciding whether to transact and for price, inspection, authenticity, ownership, liens, condition, safety, payment, taxes, licenses, delivery, returns, warranties, records, and disputes. Business Sellers remain responsible for consumer rights and disclosures that cannot be waived.
We do not promise that:
- a Listing is complete, current, accurate, lawful, safe, fairly priced, or available;
- a photograph accurately shows an item's condition;
- a Seller owns an item or has authority to transfer it;
- a user has correctly stated an identity, location, qualification, or intention;
- an item is authentic, free from liens, suitable for a purpose, or unaffected by a recall;
- a proposed payment or delivery method is safe; or
- a transaction will be completed or a dispute resolved.
The absence of a warning, report, restriction, or removal does not mean that we verified, approved, endorsed, or guaranteed a Listing or user. Nothing in these Terms eliminates a legal right or claim a Buyer or Seller may have against the other participant, a payment provider, carrier, manufacturer, or another responsible person.
Personal safety and fraud
Meeting, paying, shipping to, or sharing information with another person carries risk. Users should use judgment appropriate to the item and circumstances, including:
- verifying the other person and the item;
- checking recalls, serial numbers, title documents, and professional credentials when relevant;
- meeting in a well-lit public or otherwise safe place when practical;
- bringing another trusted person when appropriate;
- protecting home addresses, financial information, account credentials, and identity documents;
- using payment methods with protections appropriate to the transaction;
- refusing unexpected overpayments, gift-card demands, verification-code requests, and off-platform pressure; and
- keeping lawful records until the transaction and any return or dispute period are complete.
The Service is not an emergency service. Contact 911 or the appropriate emergency authority when someone may be in immediate danger.
Live conversations
Live message content is designed to travel through an encrypted WebRTC data connection between the participants' browsers. The application does not intentionally create or store a server-side transcript. Communications infrastructure may transport encrypted connection data when technically necessary.
We retain limited metadata, such as the participants, Listing, start and end times, and outcome, as described in the Privacy Policy. A short optional note you type when requesting a conversation or ending one is passed to the other participant and kept with that record; it is text you wrote rather than message content, and it is short-lived. A direct connection may expose network information, including an IP address, to the other participant.
Either participant may photograph, screenshot, copy, print, or otherwise preserve lawful content that appears on that participant's screen. You must not assume a conversation is confidential or ephemeral. You are responsible for what you say, disclose, or send and for keeping lawful evidence you may need. Do not download, copy, screenshot, attach, email, forward, or re-upload suspected child sexual abuse material; follow the Child Safety Policy.
We ordinarily cannot reconstruct a live conversation or decide a dispute from a transcript we do not possess. A participant may voluntarily submit conversation evidence in a report, after which we handle that submitted copy under the Privacy Policy.
Free and paid listing capacity
An Account Holder may maintain one active Listing without a paid subscription while the free plan, the account, and the Service remain available. The free slot does not expire merely because of Listing age.
We may change or discontinue the free plan prospectively after providing notice required by law. We will not convert a free account into a paid subscription or charge a payment method without the Account Holder's affirmative consent to the applicable price and recurring terms.
Additional active-Listing capacity is sold as a monthly subscription. Before purchase, the Service will clearly display:
- that the subscription continues and renews monthly until canceled;
- the number of active-Listing slots and other included entitlements;
- the recurring charge and any known future price change;
- the renewal frequency and next charge timing;
- any minimum commitment;
- the cancellation method and when cancellation takes effect; and
- any applicable taxes or additional charges.
By separately and affirmatively accepting those terms, you authorize the payment processor to charge the selected payment method at purchase and on each monthly renewal until cancellation. The subscription renews every month until you cancel it. We will provide a retainable electronic acknowledgment containing the material subscription and cancellation terms.
The price and plan displayed at checkout and recorded in the acknowledgment are part of these Terms. If they conflict with a general description elsewhere, the more specific checkout terms control for that purchase, but they cannot remove a right that applicable law does not permit us to waive.
Subscription cancellation and failed payments
An upgrade takes effect after payment succeeds. A downgrade or cancellation takes effect at the end of the then-current paid period unless the purchase terms or applicable law provide otherwise.
You may cancel entirely online through Account -> Billing & Listing Capacity -> Manage billing, downgrade, or cancel in Stripe. We will not require a telephone call, live-agent conversation, or information unrelated to reasonable account authentication. Cancellation stops future renewal charges but does not delete your account or Listings.
If a renewal payment fails, we may retry the payment and provide a grace period of 5 days. During that period, we may notify you and ask you to update the payment method. A billing problem affects paid entitlements; it does not by itself suspend the account.
When paid capacity is reduced, Listings over the new active-Listing limit are deactivated beginning with the oldest active Listings. Deactivation does not delete Listing text or photographs. A Seller may reactivate a preserved Listing when sufficient capacity is available.
If a downgrade causes an otherwise active Listing to exceed a newly applicable description, photograph, or similar content limit, we will warn the Seller on the Service and by email and provide 24 hours to correct it. If it remains noncompliant after that period, we may deactivate it without deleting its stored content or photographs.
There is no independent Listing-expiration clock. A Listing may remain active indefinitely while the account has sufficient capacity and the Listing remains compliant.
Charges, taxes, and refunds
Subscription charges are separate from Buyer-Seller payments. Full payment-card details are handled by the payment processor and are not intentionally stored by the Operator.
Except where the checkout terms or law require otherwise, charges already earned for a paid period are not voluntarily prorated or refunded. This does not limit refunds or remedies required for unauthorized charges, failure to obtain legally sufficient renewal consent, billing errors, or other nonwaivable rights.
You are responsible for taxes imposed on your subscription except taxes based on our income. Any tax we are required to collect will be disclosed as part of the purchase process.
Account closure
You may close your account through the available account controls or the Contact page. Closing an account will cancel future subscription renewals, deactivate public Listings, and start the data-handling process described in the Privacy Policy. We may retain information when reasonably needed for billing, security, fraud prevention, disputes, legal compliance, backups, or rights of others.
Before closing an account, preserve information you are entitled to keep. We are not required to maintain an account solely to provide indefinite access to content or records.
Reports, moderation, and enforcement
Users should report suspected unlawful, dangerous, fraudulent, infringing, or prohibited activity through the Contact page. Reports involving possible child sexual abuse material or child exploitation must follow the Child Safety Policy. Copyright notices and counter-notices must follow the Copyright and DMCA Policy.
We may use manual or automated measures to administer the Service, enforce these Terms, respond to reports, protect users or systems, and comply with law. Those measures are limited and do not amount to a general inspection, endorsement, or promise that every violation will be found.
We may investigate a report, request information, preserve records, reject or restrict a Listing, deindex or remove content, limit features, suspend activity, close an account, warn users when appropriate, or refer a matter to a service provider or authority. A report does not guarantee recovery, a response by a particular time, or a particular enforcement result.
When reasonable and lawful, we will give notice and an opportunity to correct or appeal. We may act without advance notice in urgent, repeat, deceptive, unlawful, or security-sensitive circumstances. Termination does not eliminate payment obligations already incurred or provisions that by their nature should survive.
The fact that content came from a user does not remove the Operator's own obligations under applicable law. Nothing in these Terms claims immunity for our own unlawful conduct or for a duty that cannot legally be disclaimed.
Child safety
Child sexual abuse material, sexual exploitation of a minor, grooming, enticement, sextortion, child sex trafficking, and related conduct are prohibited as described in the Child Safety Policy.
We may immediately disable public access to or quarantine suspected material, restrict or terminate accounts, preserve the original material and associated contextual records, restrict access to preserved material, and report to NCMEC, law enforcement, or another legally authorized recipient. We may act without advance notice and may delay or withhold user notice when notice could endanger a person, interfere with preservation or an investigation, or violate law.
When applicable law requires a provider report or preservation, we will follow those requirements notwithstanding an account-closure or deletion request. These Terms do not impose a promise to monitor every user or communication or to affirmatively search, screen, or scan all content.
Intellectual-property complaints
The Copyright and DMCA Policy identifies the designated copyright agent and provides the requirements for copyright notices and counter-notices.
Upon receiving a notice that substantially complies with applicable law, we will act expeditiously to remove or disable access to identified material and take reasonable steps to notify the affected user. We will process compliant counter-notices and, unless the complaining party timely notifies us of a filed court action seeking to restrain the disputed infringement, restore the material or cease disabling access not less than 10 and not more than 14 business days after receiving the counter-notice. Material may remain unavailable when it independently violates another law or Service policy.
We adopt and reasonably implement a policy providing for termination, in appropriate circumstances, of Account Holders who are repeat infringers. We accommodate and do not interfere with standard technical measures when section 512 of the Copyright Act requires it.
Trademark, privacy, publicity-right, and other rights complaints may be submitted through the legal and reporting channels on the Contact page. We may send a complaint to the affected user when reasonably necessary to evaluate it.
Privacy
The Privacy Policy describes the information we collect, how we use and disclose it, retention, user choices, and the design of live conversations. By using the Service, you acknowledge that notice.
Do not submit personal information you lack authority to disclose. Public Listing information is available to anyone and may be indexed or copied.
Third-party services and links
The Service relies on third parties for functions such as hosting, storage, security, email, and subscription billing and may link to other websites. Their separate terms and privacy practices may apply to your direct use of their services. We are not responsible for an unrelated third party's service, content, or conduct, but this does not disclaim our own duties in selecting, configuring, or using service providers.
A link or technical integration is not an endorsement unless we expressly say otherwise.
Service changes and availability
We may maintain, improve, change, add, suspend, or discontinue Service features. We will provide notice required by law before a material change adversely affects a paid subscription. We do not promise that the Service will always be available, uninterrupted, secure, or error-free.
The Service may be interrupted or delayed because of maintenance, defects, network conditions, third-party services, security events, legal requirements, or circumstances outside our reasonable control.
If we discontinue the Service, we will take reasonable steps to notify Account Holders, stop future renewal charges, and provide any refund or data-access opportunity required by law.
Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided as is and as available. We disclaim express and implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent a warranty cannot lawfully be disclaimed.
We do not warrant a Listing, user, item, transaction, result, availability, delivery, safety, accuracy, legality, authenticity, ownership, value, or payment.
Some jurisdictions do not allow particular warranty exclusions, so some exclusions may not apply to you. No statement in these Terms replaces a Seller's legally required disclosure, warranty, product obligation, or responsibility for that Seller's conduct.
Limitation of liability
To the fullest extent permitted by law, the Operator and its owners, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, revenue, data, goodwill, opportunity, or anticipated savings, arising from the Service or a Buyer-Seller dealing, even if advised that such loss was possible.
To the fullest extent permitted by law, the total liability of those parties for all claims arising from or relating to the Service will not exceed the greater of $100 or the amount you paid the Operator for the Service during the 12 months immediately before the event giving rise to the claim.
These limits do not apply to liability that law does not permit us to exclude or limit, including liability for our fraud or willful misconduct, or for personal injury caused by our conduct where a limitation is prohibited. They do not limit your legal rights against a Seller, Buyer, payment provider, carrier, manufacturer, or other responsible third party.
Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless the Operator and its owners, officers, employees, contractors, and agents from third-party claims, damages, judgments, penalties, and reasonable legal costs arising from your User Content, your item or transaction, your violation of these Terms or law, or your infringement of another person's rights.
We will give reasonable notice of a covered claim and may control its defense and settlement. We will not settle in a way that admits your wrongdoing or imposes a nonmonetary obligation on you without your consent, which will not be unreasonably withheld. This section does not require an individual consumer to indemnify us where or to the extent prohibited by applicable law.
Changes to these Terms and electronic notices
We may revise these Terms prospectively. The effective date identifies the current version. For a material change, we will provide clear notice through the Service, by email, or both before the change takes effect and will provide cancellation information when the change affects an automatically renewing subscription.
We will request renewed assent when required by law or when the nature of a change makes renewed assent appropriate. A new version does not retroactively change rights or duties tied to conduct that occurred before its effective date unless the parties lawfully agree otherwise.
You consent to receive Service-related records and notices electronically at the verified account email or through the account. Keep that address current. This consent does not alter any legal right to another form of notice.
Governing law and disputes
These Terms are governed by Tennessee law and applicable federal law, without regard to conflict-of-law principles, to the extent that choice is lawful. Mandatory consumer protections of your state of residence remain available when they cannot lawfully be waived.
Before filing a non-urgent dispute, either party may send a written description and requested resolution to the legal-notice address on the Contact page and allow 30 days for a good-faith response. This informal process does not shorten a limitations period or prevent a request for emergency or injunctive relief.
Unless applicable law requires another forum, a lawsuit arising from these Terms or the Service must be brought in a state or federal court with jurisdiction over Bledsoe, Tennessee, and each party consents to that court's personal jurisdiction. Eligible claims may be brought in small-claims court.
These Terms do not require arbitration and do not waive a jury trial or participation in a class action.
General provisions
These Terms, the incorporated Prohibited Items and Content Policy, Child Safety Policy, and Copyright and DMCA Policy, the Privacy Policy as a notice of data practices, and specific subscription terms affirmatively accepted at checkout are the entire agreement concerning the Service. A specific written term controls over a general term for the same subject, but no document removes a nonwaivable right.
If a provision is unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them with the Service or business, subject to applicable notice and privacy obligations. No person other than the parties is an intended third-party beneficiary except a person expressly protected by the warranty, liability, or indemnification provisions.
Section headings are for convenience. Provisions concerning ownership, licenses needed for retained copies, accrued payments, enforcement, warranties, liability, indemnification, disputes, and interpretation survive termination to the extent their nature requires.
Contact
Questions, general reports, privacy requests, and legal notices must use the appropriate channel on the Contact, Notices, and Reports page. Child-safety reports must follow the Child Safety Policy, and copyright notices and counter-notices must follow the Copyright and DMCA Policy.