Terms and Conditions

TROVE MARKETPLACE TERMS OF USE

Effective Date: 5^th August 2025

Welcome to Trove Market ("Trove," "we," "us," or "our"). Trove Market is an inclusive e-commerce platform dedicated to empowering individuals with disabilities through economic opportunities. By accessing or using our website, services, and platform (collectively, "Services"), you agree to be bound by these Terms of Use ("Terms" or "Agreement")). Please read these Terms carefully before using the Services.

Acceptance of Terms and Changes

By creating an account, accessing, or using Trove Market, you acknowledge that you, or your guardian, parent or other trusted adult, have read, understood, and agree to these Terms and our Privacy Policy. Trove reserves the right to modify these Terms at any time. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT, AND MUST NOT, USE THE SERVICES, AND SHOULD NOT, AND MUST NOT PROCEED TO REGISTER. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL CHANGES OR AMENDMENTS THAT WE MAY MAKE TO THESE TERMS FROM TIME TO TIME. We will notify you of any changes by posting the updated Terms on this page and updating the "Last Updated" date. Continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

Please note that these Terms contains an arbitration clause and class action waiver, applicable to users in North America, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with Trove exclusively through binding individual arbitration, with only limited exceptions. This means you and Trove are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read the Dispute Resolution and Binding Arbitration.

Eligibility

Your right to use the Services is subject to any and all limitations, conditions, and restrictions established by us, including but not limited to those set forth below, and enforced by us, in our sole and absolute discretion. We may also, suspend, or discontinue any aspect of the Services at any time, including the availability of the Services, or any feature of the Services. We may also impose limits on certain features and aspects of the Services or restrict access to parts or all of the Services without notice or liability.

Seller Eligibility:

Trove Market is exclusively for individuals with disabilities, as defined by the Americans with Disabilities Act (ADA). Sellers must meet the ADA definition of a disability, which includes a physical or mental impairment that substantially limits one or more major life activities and fill out a Disability Disclosure Form, which will be reviewed to determine Seller eligibility. Sellers must live at or below 250% of the Federal Poverty Guidelines, which vary based on household size and are updated annually by the U.S. Department of Health and Human Services.

Age Requirement:

You must be at least 14 years old or have the legal capacity to enter into these Terms. By using our Services, you affirm that you meet these criteria.

Buyer Eligibility:

Buyers must be at least 18 years of age or have the consent of a legal guardian to use Trove Market.

Export Control:

The Services must not be viewed or used in, or exported or re-exported to anyone outside the United States, including any embargoed countries.

Account Registration

To use certain features of the Services, you may need to create a Trove account. You agree to:

Provide accurate, truthful, and complete information during registration.
Keep your account information up to date, and notify us of any and all changes to your registration information, including changes in your email address, changes to your payment method, etc.
Maintain the security of your account by protecting your password.
Be responsible for all activities that occur under your account.

If you provide any information that is untrue, inaccurate, not current, incomplete, or we have any reason to believe the information is untrue, inaccurate, or incomplete, Trove reserves the right to suspend or terminate accounts.

As part of the registration process, you will be issued a unique username and password that you must provide to gain access to non-public portion of the Services. You certify that when asked to choose a username, you will not choose a name that falsely represents you as somebody else or a name that may otherwise violate the rights of a third party. We reserve the right to refuse to allow the use of usernames that we, in our sole discretion, deem inappropriate. You may not use the Services for any unlawful or inappropriate purpose. We may refuse to grant you or discontinue your use of a username, for whatever reasons, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your membership, username and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique username and password and that you will not provide access to the Services to anyone who is below the age of majority under applicable law, or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your username and password and you are fully and solely responsible for all activities that occur under your username and password. We will not release your password (to you or anyone else) for security reasons. You agree to immediately notify the Company of any unauthorized use of your username and password or any other breach of security, and (2) ensure that you exit from your account at the end of each session. You are responsible for all conduct that occurs through the use of your username and password, including by any third party. You acknowledge and understand that we cannot ensure the security or privacy of information you provide through the Services, including your contact information, communications to us, information about your transactions, etc.

Your Use of the Trove Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to these Terms, and the following restrictions in particular:

A. You May Not Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it's your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Trove, another Trove user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Trove. Except as set forth below, you are also solely responsible for paying any applicable taxes for any purchases or sales you make through our Services.

C. Do Not Misuse the Services. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Trove Intellectual Property and Seller Content) without our express permission. If you want to use our API, please follow our API Terms of Use.

D. Do Not Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests via the Services, or other harmful computer code.

E. Our Trademarks and Copyrights. The name "Trove" and the other Trove marks, phrases, logos, and designs that we use in connection with our Services (the Trove Trademarks), are trademarks, service marks, or trade dress of Trove in the US and other countries. If you'd like to use our trademarks, you agree to follow our Trademark Policy.

F. Your Suggestions. We love your suggestions and ideas. They can help us improve your experience and our Services. Any ideas or other materials you submit to Trove (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Your Feedback. From time to time, Trove will provide you with certain legal information in writing. By using our Services, you're agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it's better for the environment), and that your electronic agreement is the same as your signature on paper.

Buyer Terms and Conditions

Buyer Responsibilities

As a Buyer:

You must provide accurate information during checkout and are responsible for reading the full product description before making a purchase.
All purchases are considered final unless otherwise stated by the seller or subject to the Seller's policies.

Prohibited Buyer Activities

As a Buyer:

You may not engage in fraudulent activities, including creating false reviews, using multiple accounts, or attempting to bypass seller fees.
You must not harass, abuse, or engage in discriminatory behavior towards sellers.

Definition of Harassing, Abuse, or Discriminatory Behavior

The Services have been developed and maintained to provide an inclusive, safe space for those with disabilities to sell their goods. As such, it is imperative for all persons using the Services, whether that be as a Seller or Buyer to engage with all persons using the Services in a friendly and respectful manner. To make sure this happens, no behavior that could harm, upset, or take advantage of others is allowed. In addition to the Terms of Use and Code of Conduct, other rules that apply when interacting or otherwise engaging with others via the Services include the following:

No Harassment. Harassment means actions or words that make someone feel intimidated, scared, uncomfortable or hurt. This can include saying mean or offensive things, repeatedly bothering someone after they have asked you to stop or threatening to hurt someone or their property.
No Abuse. Abuse means treating someone unfairly or in a harmful way. This can include using rude, insulting or cruel language; taking advantage of someone's trust or kindness; or pressuring someone into doing something they do not want to do.
No Manipulation. Manipulation means tricking or controlling someone for personal gain. Manipulation can include lying to someone to get money or goods, playing games to confuse or upset someone, trying to make someone feel guilty to get them to do something.

As with other violations of our policies, if someone breaks these rules, Trove Market retains the right to investigate any alleged violation. In the event Trove Market makes a determination that a violation has occurred, Trove Market retains full and sole discretion to take responsible action, which may include suspending/revoking a user's account, prohibiting a user from using the Services in the future, requiring refunds be made, allowing a return of non-conforming or otherwise damaged goods, etc.

Relationship Between Buyers and Sellers

Trove Market serves as a platform connecting Buyers and Sellers and is not a party to the sales contract between them. All transactions, customer service issues, product inquiries, disputes, and resolution processes are strictly between the Buyer and the Seller. Trove does not offer warranties, guarantees, or refunds for products or services sold on the platform. Sellers are solely responsible for fulfilling orders, providing customer service, and handling any issues related to their products or services.

By using the Services, Buyers and Sellers agree that Trove is not liable for any disputes, damages, or claims arising out of transactions conducted through the platform. Trove reserves the right to facilitate communication between the parties but is not obligated to intervene or resolve disputes.

Use of the Services

You agree to use Trove Market in a manner that complies with all applicable laws and respects the rights of others. Specifically, you agree that you will not:

Use the Services to transmit any unlawful, offensive, threatening, or defamatory material.
Impersonate another person or entity.
Attempt to interfere with or disrupt the Services, servers, or networks connected to the Services.
Engage in any activity that constitutes a breach of security, such as hacking or phishing.

Intellectual Property

All content on Trove Market, including logos, text, images, graphics, and software, is the property of Trove or its content suppliers and is protected by intellectual property laws. We own our intellectual property.

You may not reproduce, distribute, or create derivative works of any content from the Services without express permission.

Trove Market retains all rights to our intellectual property. This includes Your Content (as defined above) as well as the Trove Market name, logos, product or service names, slogans, trade dress, and any other Trove Market trademarks or service marks ("Trove Market Trademarks"). Other than Third Party Content (as defined below), all content, including User Content on the Service including its look and feel ("Service Content") is owned by Trove Market or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Trove Market retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Trove Market Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved to Trove Market. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.

Intellectual Property Complaints – Digital Millennium Copyright Act

You may notify us if you believe your work has been infringed upon by the Service. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on our Service infringes any of your intellectual property rights, including copyright that you own or control, please use our IP reporting form here or you may notify our designated agent at:

Designated Agent: Legal, Trove Market
1221 Bowers Street, PO Box #61, Birmingham, MI 48012
support@trovemarket.com

If you are submitting a notice under the DMCA, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our services is infringing, you may be liable to us for certain costs and damages.

Third Party Services and Content

You may access or use Services or content provided by third parties when using our Service. We are not responsible for such third party services or content, and third-party services will be governed by such third parties' terms and conditions and policies.

The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Trove Market platform ("Third Party Services"). For example, social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. We may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

The Service contains images, descriptions and other Content posted by third parties including Users ("Third Party Content"). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

We will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that we have no obligation to review, screen, or inspect any Third Party Content on the Service. However, we reserve the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.

Privacy and Data Security

Your use of Trove is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you agree to the practices outlined in our Privacy Policy.

Your Purchases and Sales

Buying and selling items through the Service include risk, fees, and taxes. Trove prohibits certain items from being sold and only allows returns in limited circumstances.

a. Your Risk

You assume certain risks in using a Market service such as Trove. Trove is not a participant in and provides no warranty for any transaction between a Buyer and a Seller, and Trove does not take title of any Items. You acknowledge and agree that Trove will not be considered a buyer or seller in any transaction conducted through the Service and that Trove is not an auctioneer, consignee, or a shipping carrier. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing items through the Service.

b. Sellers

As a Seller, you agree to only post items that you have all rights necessary to sell and to describe such items truthfully, accurately, and completely. Our Member Seller Agreement further describes a Seller's rights, responsibilities, and fees.

c. Buyers

As a Buyer, you are solely responsible for reading and reviewing an item's listing before making an offer for an item or purchasing an Item. Buyers are responsible for all fees as described above.

d. Fees

You can register for the Service for free, but Trove will charge certain fees for various transactions you may complete through the Services. All amounts are quoted in US dollars unless otherwise stated.

e. Fee Modifications

We may change or discontinue, temporarily or permanently, some or all fees for the Services, with notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy.

f. Prohibited Items

Trove Market prohibits the listing or sale of any item that is described in our Prohibited Items Policy, including items that are illegal to sell or violate the rights of third parties such as illegal, hazardous, or counterfeit items.

If after reviewing an item, we have concerns about its authenticity or that it otherwise constitutes a prohibited item, we may, in our sole discretion, cancel the order. In such cases, we will provide a refund for the full cost of the item and any accompanying shipping costs to the Buyer. Such refund will be the Buyer's sole remedy for the canceled order. Sellers will not receive earnings from orders canceled in accordance with this Section. Sellers acknowledge and agree that if such items are in the possession of Trove, Trove may determine, in its sole discretion, whether to return, retain, destroy, or otherwise dispose of such canceled item. If such items are returned to Seller, Seller agrees not to attempt to relist or resell the item through the Service.

g. Purchases

Buyers may accept the price offered by a Seller and purchase the item, or Buyers may make an offer to Sellers to purchase items from Sellers. Once an offer has been accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be solely between Buyer and Seller, and Trove will not be a party to such contract.

Upon purchasing an item, a Buyer must remit payment to Trove for the item, including any listed shipping or additional fees.

Trove may delay or cancel any purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where (i) Trove cancels the purchase or the purchase has otherwise been canceled when explicitly permitted by Trove or, if applicable, a Seller; or (ii) the listing expressly indicated the availability of returns.

h. Payments

Buyers may pay for Items only by using payment methods approved by Trove, and Trove will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through Trove, you authorize Trove to securely store that information and charge you for any items purchased along with all associated taxes, shipping, and other fees. Trove reserves the right to request additional information from users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes. Funds received by Trove from a transaction may, subject to the Fee Policy be redeemed by Seller through Trove's permitted third-party payment provider(s) or used by the Seller to purchase items listed by other Sellers through the Services.

i. Taxes

Transactions conducted through the Services may be subject to taxes in your jurisdiction. Trove uses a third party to collect, withhold, and remit sales taxes, which Trove will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event Trove collects taxes as legally obligated, Trove will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. The way this works is that, Trove Market, through its third party, will deduct taxes from amounts a Seller receives from a sale and will receive a net amount from that sale. Although Trove Market may assess estimated taxes upon purchase or sale, Seller will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Trove does not collect taxes on your behalf. This includes remitting any applicable sales tax that may be due from any sales generated from Seller's goods via the Service.

j. Shipping Policy

Buyer is responsible for paying for shipping fees.

Seller will be fully responsible for contents of shipment and must comply with the Terms, including Prohibited Items Policy and terms and conditions of the shipping carrier. For any avoidance of a doubt, User is responsible to ship in compliance with USPS Publication 52 - Hazardous, Restricted, and Perishable Mail.

In most circumstances, Seller must ship the item(s) to the Buyer within seven (7) days from the date the order was purchased (as verified by an active shipping carrier scan). However, due to holidays, order volume, etc., it may not be possible for a Seller to ship in the 7-day timeframe. In the event that occurs, Seller shall notify Buyer of the anticipated shipping date based on the Seller's resources. If Seller does not ship the item(s) within the initial 7-day timeframe or the extended timeframe as communicated by Seller to Buyer, Buyer can cancel the order, and Trove will notify the Seller not to proceed with shipment.

Seller must ship the item(s) to the Buyer via USPS (a "Trove Carrier"), with any necessary insurance, and obtain a tracking number.

Buyers and Sellers must maintain an accurate and up to date ship to / ship from address with Trove. Trove reserves the right to charge a User additional fees if a user does not meet any of these obligations.

Buyer must report any post-delivery (defined as delivery scan is present as determined by the carrier tracking information) issues (including, but not limited to Unable to locate shipment, Undisclosed damage, Incorrect or missing item, Item not as described, Item is not authentic) to Trove within three (3) days after the date of delivery scan. Once Buyer confirms receipt and acceptance of Item(s) (acceptance can occur either by Buyer affirmatively notifying Trove or by taking no action within three (3) days of the date of delivery), Trove will credit Seller's account with an amount equal to purchase price, excluding taxes, and any applicable fees (the "Funds") set forth in our Fee Policy.

Trove is not liable for damages due to improper or inadequate packaging by Seller.

Please note, we cannot guarantee shipping times or choice of carriers. While most Trove Carriers offer shipping with an estimated transit time of 3 days, Trove is not responsible for delivery issues, including but not limited to carrier delays, which may be caused by a number of factors, such as weather.

k. Returns

Trove Market does not allow returns unless required by law.

l. Escheatment

It is the user's sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutory required account dormancy, Trove will escheat any unclaimed funds to the relevant government authorities as necessary and may charge a dormancy fee when such a fee is allowed by applicable rules and regulations.

Warranties and Limitation of Liability

Trove provides the Services on an "as is" basis and makes no other warranties or representations with respect to the Services or your use of the Services. Trove has no liability for certain types of damages and limits its liability for other types of damages.

a. Items You Purchase

You understand that Trove does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our Markets are produced, listed, and sold directly by independent sellers, so Trove cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Trove from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

b. Content You Access

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Trove is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

c. People You Interact With

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in-person meetings.

d. Third-Party Services

Our Services may contain links to third-party websites or services that we don't own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party's product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Trove is not a party to those agreements; they are solely between you and the third party.

e. Promotions

Trove special offers or promotions are managed by Trove in its sole discretion and redemption of and participation in such offers or promotions are subject to Trove's sole discretion. Trove is not responsible for special offers or promotions provided by sellers.

WARRANTIES

TROVE IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE'RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TROVE MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICES OR THAT THE SERVICES WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

TROVE MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICES, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICES.

LIABILITY LIMITS

TO THE FULLEST AND MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TROVE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) (THE "TROVE PARTIES") SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL TROVE'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, (B) ANY AMOUNTS DUE UNDER THE TROVE PURCHASE PROTECTION PROGRAM UP TO THE PRICE YOU PAID FOR AN ITEM SOLD BY A THIRD PARTY ON TROVE (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID TROVE IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE TROVE PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

Indemnification

We hope this never happens, but if Trove gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you'll defend, reimburse, compensate, and hold Trove (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys' fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party's rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Termination

a. Termination By You

You may terminate your account with Trove at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills.

b. Termination By Trove

We may terminate or suspend your account (and any accounts Trove determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Trove will notify you that your account has been terminated or suspended, unless you've repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Trove terminate your account, you may lose any information associated with your account, including Your Content.

c. We May Discontinue the Services

Trove reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Trove's policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

d. Suspension or Termination of your Account by Us

We may suspend or terminate your Account at our discretion without explanation, notice, and liability to Trove, including removing and discarding any items or User Content within the Services, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

e. Suspension, Termination, or Modification of the Services

Trove may suspend, terminate, or modify the Services with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with applicable laws and regulations.

f. Effect of Suspension or Termination

The Services will not be accessible or available to users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Trove are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Services from another user's account. Trove will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Services.

g. Survival

The Terms will remain in effect even after your access to the Services is terminated, or your use of the Services ends.

Governing Law

These Terms are governed by the laws of Michigan in which Trove is headquartered, without regard to its conflict of law principles. Any legal actions arising out of or related to these Terms must be brought exclusively in the state or federal courts located within that jurisdiction.

Dispute Resolution and Binding Arbitration Policy / Arbitration Agreement

If a dispute arises between you and Trove, we encourage you to contact us first to seek a resolution. However, since Trove is not a party to transactions between buyers and sellers, all transaction-related disputes must be resolved between the buyer and the seller pursuant to the Dispute Resolution Process. Trove is not responsible for resolving disputes over refunds, product issues, or service quality. You release Trove from any claims, demands, and damages arising out of disputes with other users or third parties.

If you are upset with us, let us know, and we'll work together in good faith to resolve your issue. But if we cannot work it out, then you and Trove (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we will not sue each other in court before a judge or jury, except in the limited circumstances described below.

This section (known as the "Arbitration Agreement") applies only if you are a user in North America, and applies to the fullest extent allowable by law.

Please read this Section carefully, as it affects your rights.

a. Disputes that We Will Arbitrate

You and Trove agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by Trove or its users, in each case including disputes that arose before the effective date of these Terms (each, a "Dispute"). The exception is that we each may (1) bring qualifying individual claims in "small claims" court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and Trove are each waiving your right to sue in court and have a court or jury trial.

b. Class and Representative Action Waiver

You and Trove agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in the Section concerning Batch Arbitration, disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If there is a final decision (after exhaustion of all appeals) that any part of this Section is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).

c. Informal Dispute Resolution

Before filing an arbitration, you and Trove will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice ("Notice of Dispute") to support@trovemarket.com that includes (1) your name, phone number, the email address for your account, username and shop name (if applicable), and (2) a description of the Dispute and how you would like it resolved. If Trove has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and Trove must cooperate to schedule that meeting by phone or videoconference. You and Trove each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed ("Informal Resolution Period"). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

d. Arbitration Rules and Procedures

To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association ("AAA"). You must serve Trove with any arbitration demand by mail to: Trove Market, 1221 Bowers St., PO Box #6, Birmingham, MI 48012. If Trove has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section 11, you and we will select another provider (and if we can't agree, a court will choose the provider).

The arbitration will be conducted in the English language by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (i) if the amount in dispute is less than $25,000, the arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephonic hearing); and (ii) if the amount in dispute is $25,000 or more, the arbitration will be held by videoconference (i.e., there will be no in-person hearing). If an in-person hearing is required, it will be held in the county where you live (for US residents), or as determined by the arbitrator (in the case of Batch Arbitration).

The arbitration will be decided under AAA's Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business, e.g., a seller or developer, and either your or Trove's claims exceed $75,000, the AAA's Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law and any counsel must comply with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise, and fee-shifting rules in the same way as a court would.

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section (Arbitration and Dispute Resolution Agreement (North America)), and either party's compliance with Section C (Informal Dispute Resolution). Except as provided in Section F (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant's individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator's award is final and binding on you and Trove. Judgment on the award may be entered in any court with jurisdiction.

e. Arbitration Fees

Payment of all filing, case-management, administrative, hearing, and arbitrator fees ("Arbitration Fees") will be governed by the AAA's rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are using the Services as a consumer and your share of Arbitration Fees is more than you'd otherwise pay in court, let us know, and Trove will pay the difference on your behalf.

f. Batch Arbitration

To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each ("Batch"). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of 100 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 100 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

g. Opt out

If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section I) within 30 days after you first accept the Terms. To opt out, you must send a timely email to support@trovemarket.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither Trove nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

h. Future Changes to the Arbitration Agreement

Trove will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing support@trovemarket.com within 30 days after you receive notice, including your name, email address associated with your account, your username, and shop name (if applicable). Otherwise, you'll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and Trove, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you'll be bound by the most recent version of the Arbitration Agreement before the change you rejected.

i. Choice of Law and Forum

Trove is based in Michigan, so if there are claims between you and Trove that aren't subject to arbitration, you and Trove each agree to litigate those claims exclusively in state or federal court in Oakland County, Michigan, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence. Except as prohibited by law, these Terms shall be governed exclusively by Michigan law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act).

Changes to the Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we will let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

Electronic Communication and Documentation

When you use the Services or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a "writing" or "in writing" to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.

Severability and No Waiver

The unenforceability of any provision of this Agreement will not, except as stated in the Dispute Resolutions and Binding Arbitration Section affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it, except as stated in the Dispute Resolutions and Binding Arbitration Section will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.

Headings and Interpretation

The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words "include," "includes," or "including" will be deemed to be followed by "without limitation." This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.

Terms Specific to Your Geographic Location

If you are a User in California, then certain provisions apply with regard to applicable laws.

Notwithstanding anything to the contrary in the Agreement, the following takes precedence with respect to users in California.

California Civil Code

Under California Civil Code Section 1789.3, users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Email: support@trovemarket.com
Mail: Trove Market, 1221 Bowers St., PO Box #61, Birmingham, MI 48012