Terms of service
TERMS OF SERVICE
Effective Date: January 2025
Version: 1.0
BINDING LEGAL AGREEMENT - SHOPIFY COMPLIANCE FOCUSED
These Terms of Service constitute a legally binding agreement designed to ensure full compliance with Shopify's Acceptable Use Policy, Terms of Service, and all platform requirements. Our primary goal is to maintain good standing with Shopify while operating a legitimate digital information business that serves our customers effectively.
1. BUSINESS MODEL DISCLOSURE FOR PLATFORM COMPLIANCE
1.1 Digital Products Only Declaration
For absolute clarity regarding Shopify compliance, MikeyResells.com operates exclusively as a digital information commerce platform. We maintain zero physical inventory, as we deal only in digital files and information. We have zero shipping operations, as all products are delivered electronically. We maintain zero dropshipping arrangements, as we sell only our own digital products. We have zero supplier partnerships, as we merely compile publicly available information. We conduct zero product fulfillment in the traditional sense, providing only instant digital delivery. We operate zero warehouse facilities, as digital products require no physical storage.
This business model ensures complete compliance with Shopify's policies regarding high-risk businesses and prohibited products. We operate entirely within Shopify's guidelines for digital product merchants.
1.2 Product Catalog Specification
Our product catalog consists exclusively of digital information products delivered electronically. We sell information directories in PDF format ranging from 1 to 50 megabytes containing compiled business data. Our educational e-books, also in PDF format ranging from 5 to 100 megabytes, provide business education and market insights. We offer business templates in Excel and Word formats for operational efficiency and digital courses providing video and text-based business education accessible online.
Additionally, we provide research reports as PDF compilations of market data and analysis, and access credentials in the form of platform logins for educational resources. All products are delivered via 100% electronic delivery through email within 5 minutes of purchase completion, ensuring instant gratification and eliminating shipping concerns.
1.3 Prohibited Business Activities Declaration
To maintain Shopify compliance, we explicitly declare that we do not and will never facilitate physical product transactions of any kind, verify or endorse any suppliers mentioned in our directories, guarantee third-party legitimacy or business practices, provide business success assurances or income promises, offer investment advice or financial planning services, make income claims or earnings projections, sell "business opportunities" or multi-level marketing schemes, or operate any high-risk business model as defined by Shopify's policies.
2. INTELLECTUAL PROPERTY PROTECTION
2.1 Website Design Ownership
The entire visual design, user interface, and technical infrastructure of this website are the exclusive intellectual property of Digital Dynamics Unlimited LLC, doing business as scaled.info, with all rights reserved. This comprehensive ownership includes the complete visual design and layout of every page, all user interface elements and their interactions, CSS stylesheets and JavaScript code implementations, color schemes, typography selections, and spacing systems, navigation structure and information architecture design, graphics, icons, and all visual assets used throughout the site, and backend architecture and database design specifications.
2.2 Licensing Arrangement
Digital Dynamics has granted MikeyResells.com a limited, non-exclusive, non-transferable license to use these intellectual property assets. This license is restricted solely to operating this specific e-commerce store on the Shopify platform and cannot be extended, transferred, or sublicensed to any third party. The license remains in effect only while we maintain good standing with both Digital Dynamics and Shopify.
2.3 Strict Prohibitions with Legal Consequences
Violation of our intellectual property rights will result in immediate and severe legal action. Prohibited actions include copying, imitating, or drawing "inspiration" from our design, using our code, assets, or structural elements in any way, creating similar websites or themes based on our innovations, extracting or reverse-engineering any elements of our platform, attempting screenshot-based recreation of our design, or making competitive use of our innovations and methods.
Legal consequences for violations include statutory damages up to $150,000 per willful infringement, actual damages covering lost profits and development costs, full attorney fee recovery for all legal proceedings, and permanent injunctive relief prohibiting future violations.
2.4 Content Copyright
All written content, product descriptions, and educational materials on this platform are protected by copyright with registration numbers on file with the United States Copyright Office. This protection extends to all original content we've created and prevents unauthorized reproduction or distribution.
3. ELIGIBILITY AND COMPLIANCE REQUIREMENTS
3.1 Mandatory Eligibility Criteria
To use this website and purchase our products, you must meet several mandatory criteria. You must be 18 years of age or older, as we do not sell to minors. You must have the legal capacity to enter into binding contracts in your jurisdiction. You cannot be on any government sanctions or denied party lists that would prohibit transactions. You cannot be located in embargoed countries where US businesses cannot operate. You must have legitimate business purposes for accessing our information. You must provide truthful and accurate information in all interactions. You must maintain only a single account and not create multiple accounts for any purpose. You must comply with Shopify's Terms of Service as they apply to customers.
3.2 Prohibited Persons
Certain individuals are specifically prohibited from using our services to maintain platform compliance and legal standards. These include convicted counterfeit traders who pose risks to legitimate commerce, persons on the OFAC SDN list or other government sanctions lists, intellectual property violators with histories of infringement, previous violators of our terms or policies, suspended Shopify sellers attempting to circumvent platform bans, persons under active legal investigation for commercial crimes, minors under any circumstances regardless of parental consent, and anyone banned from Shopify platforms for any reason.
3.3 Verification Requirements
We reserve the right to require various forms of verification to ensure compliance and prevent fraud. These verification requirements may include government-issued ID verification for identity confirmation, proof of business registration for commercial purchasers, tax identification numbers for reporting purposes, utility bills for address proof verification, bank account verification for high-risk transactions, video call verification in cases of suspected fraud, background checks where legally permitted, and Shopify seller history verification to prevent banned sellers from accessing our products.
4. COMPREHENSIVE PROHIBITED USES
4.1 Illegal Activities - Zero Tolerance
We maintain absolute zero tolerance for illegal activities, with immediate termination and legal action for violations. Prohibited illegal activities include counterfeit goods trading in any form, money laundering or financial crimes, tax evasion or fraudulent reporting, customs fraud or false declarations, wire fraud or electronic theft, identity theft or impersonation, computer crimes or hacking, and RICO violations or organized crime. Any violation will be immediately reported to Shopify and appropriate law enforcement authorities.
4.2 Platform Violations
Platform violations result in permanent banning and notification to Shopify. These violations include creating multiple accounts to circumvent restrictions, using false identities or fraudulent information, circumventing any platform restrictions or limitations, gaining unauthorized access to systems or data, manipulating system functions or features, manipulating reviews or ratings systems, engaging in coupon fraud or abuse, and initiating fraudulent chargebacks or payment disputes.
4.3 Business Misconduct
Business misconduct results in immediate account termination. Prohibited conduct includes misrepresenting our products or services to others, claiming we verify or endorse suppliers when we explicitly do not, reselling our content without authorization, using our information for competitive activities against us, false advertising using our information, consumer deception in any form, operating pyramid schemes or MLM fraud, and market manipulation or unfair trade practices.
4.4 Technical Violations
Technical violations may result in criminal prosecution in addition to civil penalties. These include hacking attempts or unauthorized access efforts, distributed denial of service (DDoS) attacks, malware introduction or distribution, data theft or unauthorized extraction, system exploitation or vulnerability probing, automated scraping or bot usage, API abuse or excessive requests, and security circumvention attempts.
5. COMPREHENSIVE DISCLAIMERS AND WARNINGS
5.1 Earnings and Income Disclaimer
In compliance with FTC requirements and Shopify policies, we must be absolutely clear that the typical purchaser of our products makes zero dollars in profit. This is not pessimism but statistical reality based on business failure rates and user behavior patterns.
Our analysis shows that 95% of purchasers never implement the information they receive, 80% of those who do implement fail within 6 months, 15% of implementers break even on their investment, 5% achieve modest profit over time, and less than 1% achieve significant financial success. These statistics reflect the harsh realities of business and are not a reflection on our product quality.
We make absolutely no claims about potential earnings or income, business success likelihood or probability, return on investment possibilities, profit potential or margins, financial outcomes or wealth creation, or any form of monetary benefit. We want to be crystal clear for Shopify compliance that we do not operate a "get rich quick" scheme or business opportunity program.
5.2 Supplier Information Disclaimer
All supplier information contained in our products requires critical legal warnings. The information we provide is unverified raw data that may be completely incorrect or outdated. It could include illegal operations or businesses operating outside the law. Some listed suppliers might sell counterfeit goods without our knowledge. The information has no quality assurance or verification process. It includes no endorsement or recommendation from us. Everything requires independent verification before any business engagement.
You bear 100% legal responsibility for verifying supplier legitimacy before any engagement, product authenticity for all goods, legal compliance with all applicable laws, business licenses and registrations, quality standards and certifications, and shipping capabilities and restrictions. For Shopify compliance, we explicitly state that we are not responsible for any supplier's compliance with Shopify policies or any other platform requirements.
5.3 No Professional Services Disclaimer
Our products are information compilations only and explicitly are not legal advice or legal services requiring bar admission, financial planning or investment advice requiring licenses, tax preparation or guidance requiring CPA credentials, investment recommendations requiring SEC registration, medical or health advice requiring medical licenses, professional consulting requiring certifications, certified training programs with accreditation, or accredited education with degree-granting authority. You must always consult appropriately licensed professionals for advice specific to your situation.
6. ANTI-COUNTERFEIT COMPLIANCE MEASURES
6.1 Federal Criminal Law Warning
Under 18 U.S.C. ยง 2320, trafficking in counterfeit goods carries severe federal criminal penalties. For first offenses, individuals face up to 10 years in federal prison, while repeat offenders face up to 20 years imprisonment. Monetary fines can reach $2,000,000 for individuals and $5,000,000 for entities. Courts will order forfeiture of all assets derived from violations and full restitution to victims. Convicted individuals face a minimum of 3 years supervised release after imprisonment.
Civil penalties under 15 U.S.C. ยง 1117 are equally severe, including statutory damages up to $2,000,000 per counterfeit mark, treble damages for willful infringement, destruction of all counterfeit goods, full attorney fee recovery for brand owners, permanent injunctions against future activity, and corrective advertising costs. Shopify will immediately terminate any seller involved in counterfeiting and report them to law enforcement.
6.2 Mandatory Verification Protocol
Before engaging any supplier found in our directories, you must complete comprehensive verification procedures. Business verification requires checking government registration databases, verifying physical address legitimacy, validating active business licenses, confirming tax registration status, verifying insurance coverage, and proving banking relationships exist.
Product authentication demands obtaining brand authorization letters, securing certificates of authenticity, verifying serial numbers with manufacturers, confirming hologram and security features, obtaining direct brand confirmation, and arranging laboratory testing if needed.
Legal compliance verification includes confirming import/export licenses, ensuring customs compliance, verifying FDA/FCC approvals where applicable, checking safety certifications, validating country of origin documentation, and ensuring quota compliance for restricted goods.
6.3 Counterfeit Red Flags Requiring Immediate Cessation
You must immediately cease all business activity if you observe any of these red flags indicating potential counterfeit operations: prices below 70% of authorized retail pricing, cash-only transaction requirements, refusal to provide product samples, use of generic email addresses for business, residential addresses instead of commercial locations, evasive or defensive communication patterns, "fell off the truck" or similar suspicious origin stories, unusual payment method requests, absence of return policies, or persistent grammar and spelling errors in communications.
6.4 Reporting Obligations
Federal law may require reporting suspected counterfeiting to prevent aiding and abetting liability, conspiracy charges, money laundering exposure, and RICO implications. Report suspected counterfeits to the National IPR Center at www.iprcenter.gov, FBI IC3 at www.ic3.gov, brand owners directly through their anti-counterfeit programs, local law enforcement agencies, Customs and Border Protection, our abuse team for documentation, and Shopify's Brand Protection Team for platform enforcement.
7. LIABILITY LIMITATIONS AND INDEMNIFICATION
7.1 Maximum Liability Cap
Our absolute maximum liability for any claim is limited to the purchase price of the specific product giving rise to the claim, typically ranging from $24.99 to $499.99. This limitation applies regardless of legal theory whether contract, tort, or strict liability, foreseeability of damages or notice of possibility, failure of essential purpose of any remedy, or jurisdictional variations in law.
7.2 Excluded Damages Categories
We are never liable for consequential, incidental, indirect, or special damages of any kind, punitive or exemplary damages, lost profits or business opportunities, reputational harm or goodwill loss, data loss or corruption, business interruption costs, third-party claims against you, criminal or civil penalties you may incur, legal costs you may face, or Shopify account suspension or termination.
7.3 Comprehensive Indemnification
You agree to defend, indemnify, and hold harmless MikeyResells.com, Digital Dynamics Unlimited LLC, Shopify Inc., and all affiliated parties from all claims arising from your use or misuse of information, legal violations of any kind, counterfeit trading activities, third-party disputes, tax obligations, criminal investigations, civil lawsuits, regulatory actions, platform violations, contract breaches, negligence, intentional misconduct, and Shopify Terms of Service violations.
This indemnification includes full payment of defense costs, attorney fees at actual rates, expert witness fees, court costs and filing fees, settlements and judgments, fines and penalties, and investigation costs.
8. DISPUTE RESOLUTION AND ARBITRATION
8.1 Mandatory Binding Arbitration
You waive your right to court trials and agree that all disputes will be resolved through binding arbitration administered by the American Arbitration Association under their Commercial Arbitration Rules. Arbitration will use a single arbitrator, proceed as document-only for claims under $25,000, maintain complete confidentiality, be conducted in English, and apply U.S. law exclusively.
8.2 Class Action Waiver
You explicitly waive all rights to participate in class arbitrations, class actions in court, representative actions, consolidated actions, joint actions, mass arbitrations, or coordinated proceedings of any kind. All claims must be brought individually.
8.3 Governing Law
These Terms are governed by the laws of Delaware without regard to conflict of laws principles, ensuring consistent application regardless of your location.
9. PAYMENT TERMS AND SECURITY
9.1 Payment Processing
All payments are processed through Shopify Payments, which maintains PCI compliance and security. We accept payment methods as available in your region through Shopify. All payments are processed in USD with taxes calculated at checkout based on your location. We do not accept cash or cryptocurrency payments. Payment is required immediately upon checkout with no payment plans available.
9.2 Suspicious Transaction Rights
We reserve the right to cancel and refund transactions showing signs of fraud including use of stolen payment methods, unusual purchasing patterns, high-risk indicators from fraud detection, sanctions violations, multiple failed payment attempts, velocity violations suggesting fraud, geographic inconsistencies, or Shopify fraud indicators.
10. TERM AND TERMINATION
10.1 Termination Rights
We may terminate your access immediately for any Terms violation, illegal activities, fraud or abuse, platform policy violations, non-payment, risk indicators, our sole discretion, or Shopify compliance requirements.
10.2 Effects of Termination
Upon termination, all access is immediately revoked with no refunds provided. Data may be deleted except for legal holds. You are banned permanently from our services and reported to relevant platforms. Legal action may be pursued, and Shopify will be notified of any violations leading to termination.
11. MISCELLANEOUS PROVISIONS
11.1 Entire Agreement
These Terms constitute the complete agreement between you and MikeyResells.com, superseding all prior understandings, negotiations, and discussions.
11.2 Severability
If any provision is found invalid or unenforceable, it shall be modified minimally to achieve the original intent while remaining enforceable.
11.3 No Waiver
No waiver of any provision is effective unless in writing and signed by an authorized representative of MikeyResells.com.
11.4 Force Majeure
We are not liable for failures due to acts of God, war, terrorism, pandemic, or similar events beyond our reasonable control.
11.5 Assignment
You may not assign your rights under these Terms. We may assign our rights freely to any successor or affiliated entity.
11.6 Electronic Signatures
Your electronic acceptance of these Terms is legally binding and equivalent to your physical signature.
11.7 Shopify Platform Rules
You explicitly agree to comply with all Shopify policies and requirements as they apply to customers and transactions on our store.
12. CONTACT AND NOTICES
For legal notices, contact legal@mikeyresells.com. For questions about these Terms, use our website contact form. Service of process should be directed to our registered agent at the address on file with the state.
By using this website, you acknowledge reading, understanding, and agreeing to these comprehensive Terms of Service in their entirety.