TERMS AND CONDITIONS

1. AGREEMENT TO TERMS

These Terms and Conditions form a binding agreement between you (“you” or “User”), whether personally or on behalf of an entity, and GearTrader LLC, doing business as GearTrader.net (“GearTrader,” “we,” “us,” or “our”), concerning your access to and use of the https://geartrader.net website (the “Site”), including any related mobile or desktop applications, tools, features, products, services, or resources offered through the Site (collectively, the “Services” or the “Marketplace”).

By accessing or using the Site, you agree that you have read, understood, and will be bound by these Terms, as well as our Privacy Policy. If you do not agree, you must stop using the Site immediately. We reserve the right to make changes or modifications to these Terms at any time. The “Last Updated” date above indicates when we last revised these Terms.

2. THE GEARTRADER MARKETPLACE

(a) Platform Only: GearTrader.net is a marketplace platform that facilitates transactions between buyers and sellers of musical gear and related accessories. We do not own or inspect items listed, nor do we directly handle payments or guarantee the authenticity, quality, or safety of any item.

(b) No Agency or Employment: GearTrader is not the employer, agent, or broker of any user. We only provide the platform and are not a party to any contract for sale between buyers and sellers.

(c) Condition and Accuracy: All listings on GearTrader.net are created and managed by users. We do not guarantee the accuracy of listings, photos, descriptions, or other content. Buyers should exercise due diligence before completing a purchase.

3. USER ELIGIBILITY AND ACCOUNT REGISTRATION

(a) Age Requirement: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use or register for an account on the Site. Minors are not permitted to use or register, and accounts found to be operated by minors may be terminated.

(b) Account Registration: You must register for an account by providing accurate and current information. You are responsible for maintaining the confidentiality of your login credentials, as well as all activities that occur under your account.

(c) Account Suspension or Termination: We reserve the right, at our sole discretion, to suspend, restrict, or terminate any account that violates these Terms or if we suspect fraudulent or harmful activity.

4. USER RESPONSIBILITIES

By using the GearTrader Marketplace, you represent and warrant that:

(a) Truthful Information: All information you submit (including listings, personal information, payment info) is accurate, current, and complete.

(b) Compliance with Laws: You will comply with all applicable laws and regulations, including import/export requirements, taxation, and local marketplace regulations.

(c) Prohibited Activities: You will not:

• Post or sell any counterfeit, stolen, or illegal items

• Use the Site for fraud, money laundering, or other unlawful purposes

• Upload or transmit malicious code or content

• Engage in spam, harass other users, or violate their rights

• Circumvent any security features of the Site

• Violate any additional Acceptable Use Policies we may publish

5. LISTINGS AND TRANSACTIONS

(a) Listing Accuracy: Sellers must accurately describe the item’s condition, make/model, defects, or any relevant details. Misrepresentation may lead to disputes or account suspension.

(b) Prohibited Items: You shall not list items barred by local, state, federal, or international law. GearTrader may remove any listing at its discretion.

(c) Marketplace Fees: GearTrader may charge fees for listing or selling items (e.g., final value fees, transaction fees). We will disclose such fees in advance or in a fee schedule. You are responsible for payment processor fees (e.g., Stripe/PayPal) and any tax obligations.

(d) Payment and Taxes: Buyers and sellers must arrange payment through Stripe/PayPal or another method we may allow. Sellers remain responsible for collecting and remitting all applicable taxes.

(e) Shipping and Delivery: Sellers are responsible for shipping promptly and providing accurate tracking, if applicable. Buyers should confirm shipping costs, timelines, and insurance. We are not liable for lost or damaged shipments.

(f) Disputes Between Users: All transaction disputes are between buyer and seller. GearTrader may, at its discretion, facilitate communication or resolution but does not guarantee any outcome.

6. RETURNS AND REFUNDS

(a) Return Policy: GearTrader.net is a venue primarily for used gear. Many items may be sold “as-is” or with no returns unless otherwise stated by the seller. Each seller is responsible for specifying their return/refund policy in their listing.

(b) Inaccurate or Not As Described: If an item is significantly not as described, buyers may have remedies under payment processor protections (such as Stripe/PayPal). Contact the seller directly to initiate any return or refund request.

(c) Platform Involvement: GearTrader is not obligated to act as an arbitrator for disputes, though we may choose to assist at our discretion.

7. USER CONTENT AND REVIEWS

(a) User-Generated Content: You may post images, descriptions, reviews, or other content (“Contributions”). You grant GearTrader a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your Contributions for the purposes of operating or promoting the Site.

(b) Reviews: Reviews should be honest and fact-based. We may remove or moderate reviews we deem fraudulent, harassing, hateful, or otherwise violating these Terms.

(c) Intellectual Property: You must have the rights to any content you post. Posting infringing or unauthorized content may result in removal or legal action.

8. INTELLECTUAL PROPERTY RIGHTS

(a) Site Content: All code, text, software, graphics, trademarks, and logos (“Site Content”) are owned or licensed by GearTrader. You may access the Site Content for personal, non-commercial use only.

(b) Infringement Claims: If you believe any content infringes your copyright, please contact us with a detailed notice. We follow applicable procedures (e.g., DMCA) to investigate and remove infringing material where appropriate.

9. LIMITATION OF LIABILITY AND DISCLAIMERS

(a) As-Is Basis: GearTrader.net, the Site, and the Marketplace are provided on an “as is” and “as available” basis. We do not warrant that the Site will be error-free, secure, or uninterrupted.

(b) No Endorsement: We do not endorse, warrant, or guarantee any items listed. Buyers assume all risk in purchasing from sellers.

(c) Limitation of Liability: To the fullest extent allowed by law, GearTrader LLC and its employees, directors, or agents will not be liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the Site. In any event, our maximum liability to you will not exceed any fees you paid directly to GearTrader in connection with the transaction giving rise to the claim, or another stated cap if indicated.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GearTrader LLC, its affiliates, and their respective employees or agents from any claims, damages, or demands (including attorneys’ fees) arising from or related to (i) your use of the Site, (ii) your breach of these Terms, (iii) any content or item you post or sell, or (iv) your violation of any law or the rights of a third party.

11. DISPUTE RESOLUTION

(a) Informal Negotiations: Parties agree to attempt to resolve disputes informally for at least 30 days before seeking formal remedies.

(b) Arbitration: If informal negotiations fail, disputes may be resolved by binding arbitration in [Your Location], under the rules of the American Arbitration Association (AAA). You agree to waive class action rights.

(c) Governing Law & Venue: These Terms are governed by the laws of the State of [Florida or Your State], without regard to conflict-of-law principles. Any non-arbitrable disputes will be brought in the state or federal courts of [Palm Beach County, Florida or Your Chosen Venue], and you consent to their jurisdiction.

12. MODIFICATIONS AND INTERRUPTION

We reserve the right to modify or discontinue any part of the Site or Marketplace at our discretion, without liability. We do not guarantee uninterrupted availability of the Site or Services. You agree we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services.

13. PRIVACY

Use of GearTrader.net is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information, in compliance with the Privacy Policy.

14. MISCELLANEOUS

(a) Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and GearTrader.

(b) Severability: If any provision is deemed unlawful or unenforceable, that provision is severable and does not affect the rest.

(c) No Waiver: Our failure to enforce any right does not constitute a waiver.

(d) Assignment: We may assign our rights and obligations under these Terms.

(e) Electronic Communications: By visiting GearTrader.net or sending emails to us, you consent to receive electronic communications and agree that all agreements, notices, and other communications we provide electronically satisfy legal requirements.

15. CONTACT US

If you have any questions, concerns, or need help resolving a dispute, please contact us at:

GearTrader LLC

13884 71st Pl N

West Palm Beach, Florida 33412

Email: support@geartrader.net