Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Power Up Hospitality LLC, a Delaware limited liability company doing business as Honesty Stands ("Company," "we," "us," or "our").

These Terms govern your access to and use of the Honesty Stands platform, website, mobile applications, marketplace, classifieds, social features, messaging systems, advertising services, events, tours, charity drives, food lockers, meal prep services, wholesale marketplace, farm management tools, POS integrations, delivery services, live streaming, brand advocacy programs, and all related products and services (collectively, the "Platform").

By creating an account, accessing, or using the Platform in any manner, you represent and warrant that you have read, understood, and agree to be legally bound by these Terms and all policies incorporated by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

These Terms, together with our Privacy Policy, Cookie Policy, and all policies in our Policies Hub, constitute the entire agreement between you and Power Up Hospitality LLC regarding the Platform.

Honesty Stands is a comprehensive multi-functional online marketplace, social platform, and business management ecosystem that enables:

• Users to create accounts, profiles, and connect socially
• Vendors and sellers to list products, services, meal prep offerings, and farm goods
• Businesses to operate digital honesty stands, storefronts, and farm-to-table operations
• Classified advertisements, yard sale listings, and peer-to-peer marketplace transactions
• Community newsfeeds, groups, forums, hashtag trending, and social networking
• Events, tours, ticketing, live streaming, and real-time engagement features
• Messaging, direct messages, vendor/customer communication, and group chats
• Advertising, promotional placements, and marketing tools
• Digital transactions, subscriptions, gift cards, store credits, and loyalty programs
• Reviews, ratings, and AI-powered community moderation
• EBT/SNAP benefit integration and food assistance programs
• AI-powered content generation, recommendations, analytics, and business coaching
• Charity drives, donations, fundraising, and volunteer coordination
• Food locker pickup, pantry services, and community food access programs
• Brand advocacy, affiliate marketing, and referral programs
• Wholesale/B2B marketplace, pricing sheets, and supplier management
• Farm management tools: livestock tracking, field operations, equipment management, harvest yields
• Delivery route management, shipping labels, and fulfillment logistics
• Market hosting and vendor management operations
• POS integrations, barcode scanning, and in-person sales tools
• CSA (Community Supported Agriculture) share management
• Appointment booking and service scheduling
• QR code generation, digital signage, and sign-building tools

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without liability. We will endeavor to provide reasonable notice of material changes.

You may use the Platform only if you: (a) are at least 18 years old (or the age of majority in your jurisdiction); (b) can form a legally binding contract; (c) are not prohibited from using our services under applicable law; and (d) have not been previously suspended, removed, or banned from the Platform.

Businesses, vendors, and sellers must: be legally registered (if required by applicable law), have authority to bind the business entity, provide accurate business and tax information when required, maintain all required licenses, permits, and certifications, and comply with all applicable local, state, and federal laws.

Minors (13-17): May access limited Platform features with verifiable parental or guardian consent. Financial transactions, marketplace selling, and certain social features require users to be 18+.

You agree to: provide accurate, current, and complete information; maintain and promptly update your information; keep login credentials secure and confidential; enable two-factor authentication when prompted or required; not share, sell, or transfer your account; immediately notify us of any unauthorized access; and log out from shared devices after each session.

You are solely responsible for all activity that occurs under your account, whether authorized by you or not. We shall not be liable for any loss arising from unauthorized use of your account.

We may suspend, restrict, or terminate accounts at our sole discretion for any violation of these Terms or for any conduct that we determine, in our sole judgment, may harm the Platform, its users, or third parties.

5.1 Seller Responsibility: Sellers and vendors are solely and exclusively responsible for: product legality, safety, quality, and compliance; accurate descriptions, pricing, images, and availability; order fulfillment, shipping, and delivery; all applicable taxes (sales, income, VAT, etc.); customer service and communication; food safety compliance (FDA, USDA, state cottage food laws, health department requirements); allergen disclosure and nutritional labeling where required; compliance with all local, state, federal, and international laws. THE COMPANY IS NOT THE SELLER OF LISTED PRODUCTS UNLESS EXPRESSLY STATED.

5.2 No Agency Relationship: The Company is NOT: a party to transactions between users; a broker, agent, or intermediary (unless expressly stated); an escrow agent (except where escrow features are explicitly offered); responsible for the quality, safety, or legality of listed items; responsible for the truth or accuracy of user content; responsible for the ability of sellers to sell or buyers to pay; or responsible for disputes between buyers and sellers.

5.3 Fees: We may charge listing fees, transaction fees (commission), advertising/promoted placement fees, subscription fees, event ticketing fees, delivery service fees, marketplace commission, and premium feature fees. Fees are disclosed before you incur them. Fee schedules may change with 30 days' notice. All fees are non-refundable unless required by law.

5.4 Seller Verification: We may require identity verification, business licensing documentation, food safety certifications, FNS authorization (for EBT), and insurance documentation. Verification status does NOT constitute an endorsement, guarantee, or warranty of any kind.

5.5 Product Recalls: Sellers must immediately remove recalled products and notify all affected buyers. Failure to comply with recall obligations may result in immediate account termination and reporting to relevant authorities.

Payments are processed through Stripe and other authorized third-party payment processors. By making a payment, you agree to the applicable payment processor's terms of service. We do not store complete credit card numbers on our servers.

Payment Processing: We are not liable for payment processor failures, delays, or errors. We may hold, delay, or reverse transactions in cases of suspected fraud, policy violation, or dispute.

Vendor Payouts: Payouts are processed per the schedule in vendor settings. We may withhold funds for: fraud investigation, dispute resolution, chargeback reserves, outstanding fees, or compliance holds. Minimum payout thresholds may apply.

Store Credits, Gift Cards & Loyalty Rewards: These are subject to the issuing vendor's policies and may have expiration dates. They carry no cash value unless required by applicable law. Unused balances may expire per vendor policy. We are not responsible for vendor-issued store credits or gift cards.

Taxes: Vendors and sellers are solely responsible for collecting and remitting all applicable taxes. Tax calculation tools provided on the Platform are for informational purposes only and do not constitute tax advice. Consult a qualified tax professional.

Currency: All prices are displayed in the currency set by the vendor or Platform default (USD). Currency conversions are approximate and may include conversion fees.

7.1 Ownership: You retain ownership of original content you post. However, by posting content on the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable, perpetual (or for the maximum duration permitted by law) license to host, store, display, reproduce, distribute, modify, create derivative works from, publicly perform, and use your content in connection with operating, promoting, and improving the Platform and our business. This license survives termination for content in archived, cached, or backup systems.

7.2 Prohibited Content: You may NOT post: illegal goods or services; stolen, counterfeit, or fraudulent goods; weapons (where prohibited); drugs or controlled substances; explicit sexual material; hate speech, harassment, or threats; fraudulent, misleading, or deceptive listings; malware, viruses, or malicious code; intellectual property violations; spam or unsolicited commercial messages; content that exploits or endangers minors; private information of others without consent; content that incites violence or illegal activity.

7.3 Moderation: We reserve sole discretion to review, moderate, remove, or restrict any content. We may use automated moderation (including AI) to detect violations. Moderation decisions are final. We are not required to provide notice before removing content.

7.4 Content Responsibility: YOU are solely responsible for all content you post, regardless of whether it was created using AI tools, templates, or other Platform features.

The Platform includes newsfeeds, groups, direct messaging, forums, classified listings, community boards, live streams, event discussions, hashtag systems, friend/follow networks, and social sharing. You agree not to: spam, harass, stalk, or bully other users; use bots or automated tools without express permission; harvest or collect user data; impersonate others or create fake accounts; organize, promote, or facilitate illegal activities; manipulate trending topics or engagement metrics; share others' private messages or personal information without consent.

We may moderate, remove, or restrict content, accounts, or groups at any time without notice. Group admins and moderators act independently and are responsible for their own conduct. We are not responsible for user behavior, communications, or interactions between users.

We may display sponsored posts, paid listings, promoted vendors, banner ads, live offers, geo-targeted promotions, and targeted advertisements. By using the Platform, you acknowledge and agree to receive advertising. We do not guarantee advertising results, click-through rates, impressions, or conversions.

Advertisers are solely responsible for compliance with all advertising laws, FTC disclosure requirements, and truth-in-advertising standards. We reserve the right to reject, remove, or modify any advertisement at our sole discretion.

Our Privacy Policy governs data collection and usage and is incorporated into these Terms by reference. See our Cookie Policy for tracking details.

We do NOT sell personally identifiable information. We process data in accordance with applicable privacy laws including CCPA/CPRA, GDPR, VCDPA, and other state/federal regulations.

All Platform content, including but not limited to logos, trademarks, trade dress, branding, software, source code, algorithms, databases, AI models, templates, documentation, and original content are the exclusive property of Power Up Hospitality LLC or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

You may not: reverse engineer, decompile, or disassemble Platform software; copy, reproduce, or scrape Platform content or data; use our trademarks, logos, or trade dress without written permission; create derivative works based on Platform technology; use Platform data to train competing AI models; or circumvent any technological measures protecting Platform content.

See our DMCA & Copyright Policy in the Policies Hub.

We may, without prior notice and at our sole discretion: remove or restrict content; suspend or terminate accounts; ban users permanently; restrict access to features; report illegal activity to law enforcement; preserve user data for legal proceedings; share data with law enforcement when legally required; implement rate limits or restrictions; and take any other action we deem necessary to protect the Platform and its users.

The Platform may support EBT/SNAP transactions through authorized third-party payment processors (TPPs) in compliance with USDA Food and Nutrition Service (FNS) regulations. Only SNAP-eligible food items may be purchased with EBT benefits. Vendors participating in EBT must maintain valid FNS authorization. We are not responsible for EBT balance accuracy, benefit eligibility determinations, or TPP processing failures.

EBT PINs are never stored on our servers. All EBT data is handled in accordance with federal data security requirements. Users must not use EBT benefits fraudulently. EBT fraud will be reported to the USDA Office of Inspector General.

Event organizers and tour operators are solely responsible for: event safety, security, and compliance with venue regulations; accuracy of event listings, descriptions, and schedules; fulfillment of event experiences; obtaining necessary permits, licenses, and insurance; attendee safety and emergency procedures; compliance with local capacity and fire safety regulations.

Ticket sales may be subject to additional service fees. Refund policies for events and tours are set by individual organizers; the Platform is not responsible for refund disputes. Tour operators must carry appropriate liability insurance. The Platform facilitates but does not organize, operate, or guarantee any event or tour experience.

Subscription boxes, CSA shares, meal prep subscriptions, and recurring orders are agreements between you and the vendor. Cancellation policies are set by individual vendors. You may skip, pause, or cancel according to vendor terms. We facilitate but do not guarantee subscription fulfillment, product quality, or timely delivery. Subscription pricing may change with notice from the vendor.

Loyalty programs, stamp cards, points, rewards, gamification badges, achievements, quests, leaderboards, virtual currency, and referral bonuses are operated by individual vendors or the Platform. Points and rewards have no cash value unless expressly stated or required by law. We reserve the right to modify, suspend, or terminate loyalty programs at any time. Abuse, fraud, or manipulation of loyalty systems may result in forfeiture of all accumulated rewards and account termination.

The Platform uses AI for content generation, product descriptions, pricing recommendations, moderation, chatbot support, analytics, personalization, image enhancement, recipe suggestions, inventory forecasting, business coaching, and marketing assistance.

AI-generated content is provided as suggestions only and should be reviewed before publication. We do not guarantee the accuracy, completeness, legality, or suitability of AI outputs. AI features may use aggregated, anonymized data for model improvement. Users retain full responsibility for content they publish, even if AI-assisted. AI-generated financial, legal, or medical advice is informational only and does not substitute professional guidance.

Delivery, shipping, and fulfillment are the sole responsibility of the vendor/seller. We provide tools to facilitate delivery management (route optimization, tracking, labels) but do not operate a delivery service. We are not liable for: late, damaged, or lost shipments; incorrect delivery addresses provided by customers; food spoilage during transit; delivery driver conduct; or shipping carrier failures. Vendors must comply with all applicable shipping regulations for perishable goods, hazardous materials, and restricted items.

The Platform facilitates charity drives, donations, fundraising events, and volunteer coordination. Charity organizers are solely responsible for: compliance with charitable solicitation laws; proper use of donated funds; providing tax receipts (if applicable); truthful representation of charitable purposes; and compliance with IRS regulations for tax-exempt organizations. We do not verify charitable status. Donations processed through the Platform are non-refundable unless required by law. We are not responsible for how charitable funds are used.

Food locker and pantry features are provided as marketplace facilitation tools. Locker bank operators are solely responsible for: food safety and temperature control; maintenance and cleanliness; compliance with local health regulations; timely stocking and expired item removal; and secure access management. We disclaim all liability related to food quality, safety, or condition in food lockers. Use food locker services at your own risk.

Wholesale, B2B, and bulk transactions are agreements between the parties involved. We provide tools for pricing sheets, invoicing, and order management but are not a party to wholesale agreements. Vendors and buyers are responsible for their own due diligence, contract terms, and dispute resolution. Net payment terms are between vendor and buyer. We are not responsible for wholesale order fulfillment or payment collection between parties.

Brand advocacy, affiliate, and referral programs are operated by individual vendors. Advocates/affiliates must comply with FTC endorsement guidelines and clearly disclose their relationship. Commission structures are set by vendors. We facilitate commission tracking but are not responsible for vendor payout to advocates. Fraudulent referral activity will result in forfeiture of commissions and account termination.

Live streaming, real-time chat, and interactive features are subject to all Community Standards. Streamers are solely responsible for content broadcast during live streams. We may monitor, moderate, or terminate live streams at any time. Live commerce transactions during streams are subject to all Marketplace & Seller Terms. We are not responsible for technical difficulties, stream quality, or content shared during live sessions.

Farm management tools (livestock tracking, field operations, equipment management, GPS tracking, chemical/fuel logs, harvest yields) are provided for informational and operational purposes only. We do not guarantee the accuracy of farm data, weather predictions, yield forecasts, or AI-generated agricultural recommendations. Farm management data is private to the vendor and processed per our Privacy Policy. We are not liable for agricultural losses based on Platform recommendations or data.

Market hosts are solely responsible for: market operations, safety, and compliance; vendor selection and management; facility requirements and permits; fee collection and payout to the Platform; insurance and liability coverage; and emergency procedures. We provide management tools but do not operate markets. Market vendor applications and approvals are at the host's discretion.

Classified and yard sale listings are peer-to-peer transactions. We are not a party to these transactions. Buyers and sellers meet at their own risk. We recommend using designated safe meeting places. We are not responsible for: item quality, authenticity, or condition; personal safety during in-person meetups; payment disputes between parties; or stolen, counterfeit, or misrepresented items. All Prohibited Content rules apply to classified listings.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, SECURITY, TITLE, AND QUIET ENJOYMENT.

We do not warrant that: the Platform will be uninterrupted, error-free, or secure; defects will be corrected in a timely manner; the Platform will meet your requirements; any content is accurate, complete, or current; transactions will be successful; products or services listed are safe, legal, or as described; AI outputs are accurate or suitable; or that the Platform is free from viruses or harmful code.

No Endorsement: Listing of any product, service, vendor, event, or organization on the Platform does not constitute an endorsement, recommendation, or guarantee by Power Up Hospitality LLC.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWER UP HOSPITALITY LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, goodwill, or business opportunities
• Business interruption or system failures
• Personal injury or property damage arising from your use of the Platform
• Disputes between users, vendors, buyers, sellers, or third parties
• Unauthorized access to or alteration of your data
• Any third-party conduct, products, or services
• Food-borne illness, allergic reactions, or product defects
• Events, tours, or experiences organized through the Platform
• Losses resulting from reliance on AI-generated content or recommendations

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD); OR (B) THE TOTAL FEES PAID TO US BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Power Up Hospitality LLC, its owners, officers, directors, employees, contractors, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Platform
• Your violation of these Terms or any applicable law
• Your content, listings, products, or services
• Any transaction or interaction with other users
• Your violation of any third party's rights (including intellectual property)
• Product liability, food safety, or personal injury claims
• Tax obligations arising from your transactions
• Your operation of events, tours, markets, or delivery services
• Any misrepresentation made by you

This indemnification obligation survives termination of your account and these Terms.

30.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

30.2 Mandatory Arbitration: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Delaware or, at your election, via phone, video conference, or based on written submissions. The arbitrator's decision shall be final and binding.

30.3 Exceptions: Either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement or unauthorized access. Small claims court actions (under $10,000) may be filed in the jurisdiction where you reside.

30.4 Opt-Out: You may opt out of this arbitration agreement by sending written notice to james@poweruphospitality.com within 30 days of first agreeing to these Terms. The opt-out notice must include your name, address, email, and a clear statement that you wish to opt out.

YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY CONSOLIDATED OR MULTI-PARTY PROCEEDINGS. NO JURY TRIAL. YOU WAIVE THE RIGHT TO A TRIAL BY JURY.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void, and the dispute shall be resolved in a court of competent jurisdiction in Delaware.

We may suspend or terminate your account at any time, with or without notice, for: violations of these Terms; fraud, abuse, or suspicious activity; chargebacks or payment disputes; illegal activity or facilitation thereof; reputational harm to the Platform; non-payment of fees; inactivity exceeding 24 months; or any reason we deem appropriate in our sole discretion.

Upon termination: your right to access the Platform ceases immediately; content licenses granted to us survive as specified in Section 7; outstanding payment obligations remain enforceable; pending orders must still be fulfilled by sellers; accumulated loyalty points and rewards may be forfeited; you remain liable for any activity that occurred before termination.

You may delete your account at any time through your account settings or by contacting us. Account deletion is subject to our data retention policy as described in our Privacy Policy.

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to: natural disasters (earthquake, flood, hurricane, wildfire); government actions, sanctions, or regulations; pandemic, epidemic, or public health emergency; internet outages or telecommunications failures; cyberattacks, DDoS attacks, or data breaches; labor disputes or strikes; supply chain disruptions; power outages; war, terrorism, or civil unrest; or acts of God.

We do not provide insurance to vendors, sellers, event organizers, tour operators, market hosts, or any other users. We strongly recommend that all business users obtain appropriate insurance coverage including but not limited to: general liability insurance, product liability insurance, professional liability insurance, commercial auto insurance (for delivery), food service liability insurance, and event liability insurance.

Insurance comparison tools on the Platform are for informational purposes only and do not constitute insurance advice or brokerage services. We are not an insurance company, agent, or broker.

We are committed to making the Platform accessible to all users. We strive to conform to WCAG 2.1 Level AA standards. If you experience accessibility issues, please contact us at james@poweruphospitality.com or use our in-app accessibility settings. We will make reasonable efforts to accommodate accessibility needs.

Modifications: We may update these Terms at any time. Material changes will be communicated via email and/or prominent Platform notice at least 30 days before the effective date. Continued use after the effective date constitutes acceptance of the updated Terms.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

Assignment: We may assign, transfer, or delegate these Terms and our rights/obligations without restriction. You may not assign without our prior written consent.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights except as expressly provided.

Survival: Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, arbitration, and any other provisions which by their nature should survive, will survive termination of these Terms.

Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and all policies referenced in the Policies Hub, constitute the entire agreement between you and Power Up Hospitality LLC regarding the Platform and supersede all prior agreements.

Electronic Communications: By using the Platform, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.