Terms of Service

Effective date: May 19, 2026 Operator: Disc Golf Trading Post (a trade name of Last Tree Disc Golf LLC, a New Jersey limited liability company, NJ Business Entity ID 0451463690) ("we", "us", "the platform")

By creating an account, listing a disc, placing a bid, or making a purchase through Disc Golf Trading Post, you ("you") agree to these terms. The terms apply to both sellers (anyone who lists discs for sale) and buyers (anyone who purchases or bids on discs). Role-specific obligations are clearly labeled in Sections 4 and 5; everything else applies to all users.

1. Eligibility

1.1 You are at least 18 years old and have legal capacity to enter contracts in your jurisdiction.

1.2 You maintain one (1) account in your role(s). Multiple accounts used to evade fees, suspensions, chargebacks, anti-shilling enforcement, or detection of fraud are prohibited.

1.3 You provide and maintain accurate, current, and complete identity and contact information, including legal name, address, phone (where required), email, and (for sellers) government tax ID (SSN or EIN) and bank account as required by our payment processor.

1.4 Payment processing. The platform uses Stripe for payments:

• Sellers must complete Stripe Connect (Express) onboarding — KYC, identity verification, and banking — before publishing an active listing. Your relationship with Stripe is governed additionally by Stripe's Connected Account Agreement, which you accept as part of onboarding.
• Buyers' payment processing is governed by Stripe's standard terms of service, which you accept by completing a purchase or saving a payment method.

1.5 We may reject, restrict, suspend, or terminate your account at our reasonable discretion, including for failure to verify identity, prior policy violations, fraud indicators, repeated failed-payment incidents, repeated chargebacks, anti-shilling violations, threats or retaliation against other users, or court order. Specific suspension triggers are detailed in Section 7.

2. Account use and communications

2.1 Permitted use. You will use the platform only to list, browse, bid on, or purchase used disc golf equipment in compliance with these terms. You will not use the platform to harass other users, spam sellers via the order interface, attempt to circumvent the platform's payment system, or attempt to coordinate transactions off-platform to avoid platform fees.

2.2 No fee circumvention. Neither sellers nor buyers may direct or accept communications that move a transaction off-platform to avoid platform fees. This includes sharing personal contact information, payment apps, or alternative URLs in listing text, photos, or messages. The platform monitors transactional logs for such activity; detection may result in account suspension.

2.3 Communications from us. We will contact you regarding orders, payouts, disputes, shipping, payment, account status, and platform changes via the email on your account. You agree to keep that email current and to read messages from the platform's transactional email domain (mail.disctradingpost.com).

2.4 Buyer-seller communication. Direct buyer-to-seller messaging is currently limited to platform-mediated transactional notifications (order confirmation, shipping, dispute reporting). Direct messaging is on the platform roadmap; until launched, both parties communicate through the platform's order interface.

2.5 Use of order information. Buyer information (shipping address, name, phone) shared with sellers for the purpose of fulfilling an order may not be used for any other purpose. Selling, sharing, or marketing to buyers using their order information is prohibited.

3. Catalog, photos, and intellectual property

3.1 Platform catalog is proprietary. The platform's catalog (brands, molds, plastics, variants, flight numbers, dimensions, similarity rankings) is the platform's intellectual property. You may browse and reference it for the purpose of using the platform; you may not scrape, mirror, index, or republish the catalog data without express written permission.

3.2 Brand and logo. The platform's brand, wordmark, and logo are proprietary. Use of platform branding outside of the platform's UI (e.g., for marketing materials, promotional posts) requires written permission.

3.3 Listing photos — seller obligations. When you upload photos as a seller:

• You retain ownership of the photos.
• You grant the platform a non-exclusive, worldwide, royalty-free, perpetual license to use, store, display, reproduce, and create derivative works (e.g., resized thumbnails) of your photos for the purpose of operating, marketing, and improving the platform. This license survives the deletion or sale of the listing.
• You warrant that you own or have permission to use every photo you upload. If a third-party photo (e.g., a manufacturer's stock photo) is uploaded in violation of those rights, you agree to defend and indemnify the platform against any resulting claim.

3.4 Listing photos — buyer obligations. You may view listing photos for the purpose of evaluating a potential purchase. You may not download, copy, or reuse listing photos for any other purpose.

3.5 Nominative use of brand and mold names. The platform uses manufacturer and mold names (e.g., "Innova Champion Destroyer") nominatively in its catalog. Use of these names is for catalog identification only and does not imply endorsement, affiliation, or authorization by the named manufacturer.

4. If you list a disc to sell

This section applies when you create or maintain a listing on the platform. The obligations below are in addition to the platform-wide obligations in Sections 1–3 and 7–13.

4.1 Listings: accuracy and authenticity

4.1.1 Accuracy. You warrant that every listing — including the mold, variant, plastic, weight, condition rating, photos, and any flight, stamp, or edition notes — accurately describes the actual disc you will ship. Photos must depict the specific disc being sold, not stock photos or photos of another disc.

4.1.2 Condition. You will use the platform's condition scale ("Sleepy 0–10," documented on the platform's Condition Guide page) in good faith. You will not overstate condition to inflate price.

4.1.3 Authenticity. You warrant that every disc listed is genuine, lawfully obtained, and yours to sell. You will not list counterfeit, knockoff, or unauthorized-replica discs; stolen or recovered-lost property; discs you do not physically possess at the time of listing; or discs subject to a lien, return obligation, or prior sale.

4.1.4 Tour Series and signature discs. Player-series, tour-series, and signature-line discs must be authentic and clearly identified. Aftermarket dyes, custom stamps, and unofficial alterations must be disclosed in the listing.

4.1.5 Prohibited modifications. No discs containing hazardous modifications, embedded electronics, or other non-disc-golf alterations beyond standard dye/stamp/glow customizations.

4.2 Pricing and platform fees

4.2.1 You set your own listing price subject to a $5 USD minimum.

4.2.2 The following fees and deductions apply to each sale:

• Platform fee: 10% of the item price (shipping is not platform-fee-eligible). Subject to change per Section 4.2.3.
• Payment processing fee: the rate charged by Stripe under the Connected Account Agreement, applied to the total amount charged to the buyer (item + shipping + applicable tax).
• Shipping label fee: the per-label rate charged by Shippo.
• Shipping cost: the buyer is charged the carrier (USPS Ground Advantage) rate computed at checkout from your origin ZIP to the buyer's destination ZIP, using the platform's then-current rate matrix and packaging-tier rules (see Section 4.3.4). Any difference between the buyer-paid shipping and the actual carrier-charged rate at label purchase (e.g. because you used heavier-than-allowed packaging) is deducted from your proceeds.

A current Fee Schedule — including the platform fee percentage, the zone × packaging-tier shipping rate matrix charged to buyers, and the corresponding deduction logic — is published on the platform.

4.2.3 We may change platform fees with 30 days' notice posted on the site and to the email address on your account. Continued listing after the effective date constitutes acceptance.

4.3 Shipping obligations

4.3.1 Seller bears shipping risk. You are solely responsible for the disc until the buyer marks it received (or the platform's held-payout window closes per Section 6). This includes loss in transit, damage in transit, theft after carrier handoff, and delivery to an incorrect address.

The platform-provided USPS Ground Advantage label includes whatever default declared-value coverage USPS provides at the time of shipment. For discs whose value exceeds the included carrier coverage, you should purchase additional insurance at your own expense before handing the package to USPS.

If a package is lost, damaged, or undelivered, you will refund the buyer (or accept the refund being deducted from your Stripe Connect balance per Section 4.4.2) regardless of whose fault the loss is.

4.3.2 Shipping deadline. When a buyer's payment clears (order status: PAID), you must:

• Print the prepaid label the platform generates within 2 business days.
• Hand the package to USPS within 3 business days of the order being placed.

"Business days" excludes Saturdays, Sundays, and federal U.S. holidays. If you cannot ship within this window, you must delist the listing before accepting the order or refund the buyer immediately via the platform.

4.3.3 Late or non-shipment.

• No USPS scan within 5 business days of payment: the platform may automatically cancel the order, refund the buyer in full from your Stripe Connect balance, and restore the listing to ACTIVE. Repeat offenses are grounds for account suspension.
• Refusal to ship after payment is a material breach. The platform will refund the buyer, may reverse the transfer of funds, and may permanently suspend your account.
• Knowingly false tracking (label printed but package not handed to USPS) is fraud. The platform will refund the buyer, debit your balance, may suspend the account, and reserves the right to pursue recovery and report to law enforcement.

4.3.4 Packaging. You will package each disc adequately to prevent damage in transit. Discs should be wrapped or boxed such that no flight surface is in direct contact with the outer package walls or other rigid contents. Inadequate packaging is your responsibility per Section 4.3.1.

Packaging and total-weight limits, by order size, correspond to the platform's USPS Ground Advantage rate bands published on the platform. If a package exceeds the weight limit for its tier, the carrier will charge the higher-band rate at label purchase, and any difference between the buyer-paid shipping and the actual carrier rate is deducted from your proceeds.

USPS post-delivery dimension audits. Separately from at-label-purchase rates, USPS auto-measures every parcel on the sorter belt and may issue a Cubic Pricing Adjustment back-charge if the package as shipped is dimensionally larger than what the platform declared when purchasing the label. These adjustments typically range from $5 to $20 per shipment and are billed against the platform's carrier account regardless of when they post (the platform is the merchant of record on the label transaction). By listing on the platform, you agree that any USPS Cubic Pricing Adjustment back-charge attributable to your shipment — including but not limited to charges resulting from your use of larger packaging than the platform's recommended dimensions for your order's tier, or from packaging that deforms in transit such that USPS measures it as larger than declared — may be deducted from your then-current or future seller proceeds, subject to the notice and dispute-window procedures below.

Pre-deduction notice and dispute window. Before any USPS back-charge deduction is processed against your proceeds, the platform will notify you by email of the proposed deduction, including the order ID, the original buyer-paid shipping amount, the USPS-billed amount, and the proposed difference to be deducted. You will have seven (7) calendar days from that notice to dispute the deduction by replying to the platform's support email with evidence (photos of the package as shipped, alternate measurements, USPS documentation, etc.). If you do not dispute within the 7-day window, or if your dispute is rejected after good-faith review by platform support, the deduction will be processed. Where the variance is attributable to carrier error or platform error rather than your packaging choice, the platform will absorb the variance and no deduction will occur. Sellers may request copies of the underlying USPS back-charge documentation supporting any deduction.

To avoid back-charges, use the platform's recommended packaging SKUs and do not substitute differently-sized boxes or mailers without coordinating with the platform first.

4.3.5 Multi-disc orders. When a buyer purchases multiple discs in one order, all discs in that order must ship together in a single package using the platform-generated multi-disc label.

4.4 Payouts

4.4.1 Payouts to your linked bank account are triggered after the held-payout window per Section 6.1.

4.4.2 Reverse transfers. You authorize the platform to debit your Connected Account balance for refunds, chargeback losses, fee adjustments, USPS Cubic Pricing Adjustment back-charges (per Section 4.3.4), or platform-determined dispute resolutions (per Section 6).

4.4.3 Negative balance. If your balance becomes negative — most commonly due to a refund issued after payout — the deficit may be deducted from future sales or, at the platform's discretion, billed to your card on file.

4.4.4 Tax reporting. The platform will report payments to you to the IRS as required by law (Form 1099-K where applicable). You are responsible for your own income tax obligations. Sales-tax handling is governed by Section 4.5.

4.4.5 Sales tax. The platform collects and remits sales tax as a marketplace facilitator in jurisdictions where it has nexus and obligation, as published in the then-current Tax Policy. In jurisdictions where the platform does not yet act as marketplace facilitator, the seller is responsible for any applicable sales/use tax on the transaction.

4.5 Auctions (seller mechanics)

This sub-section applies to listings you publish with an auction pricing strategy (currently: open ascending auction; future: auction with Buy-It-Now). Fixed-price listings are unaffected.

4.5.1 Binding bids. Each bid placed on an auction listing you publish is a binding offer by the bidder to purchase the listed disc at the bid amount, contingent on being the highest bid when the auction closes. Bidders accept this binding-offer language under Section 5.2 of these terms before placing a first bid.

4.5.2 No seller cancellation after first bid. Once at least one valid bid has been placed on your auction, you may not cancel, delist, edit material terms of, or otherwise withdraw the auction listing. If you must cancel for an extraordinary reason (e.g., the disc was destroyed before close), contact platform support — the platform will handle cancellation, notify bidders, and may apply a corrective action to your account if the reason is not legitimate.

4.5.3 No shilling. You will not bid on your own auction, directly or through a coordinated third party. You will not coordinate with bidders off-platform to inflate price, run side-deal arrangements, or otherwise interfere with the auction's competitive integrity. Violations forfeit any platform fees collected on the auction, may void the sale, and are grounds for account suspension.

4.5.4 Auction duration. When publishing an auction, you choose a fixed duration from the platform's available options. Once published, the end time is fixed and cannot be changed. The platform may, in a future release, automatically extend the end time if a bid is placed in the final minutes ("anti-sniping"); when that feature ships, the rules will be disclosed in advance.

4.5.5 Auction close and winner charge. When an auction closes:

• If no bids were placed, the listing is canceled and you may re-list at any time.
• If at least one bid was placed, the highest bidder wins. The platform automatically attempts to charge the winner's saved payment method off-session via Stripe.
• On successful charge: the order is created, funds are held under the same held-payout escrow as fixed-price orders (Section 6), a USPS shipping label is generated, and your shipping deadline (Section 4.3.2) begins to run from the moment of successful charge.
• On charge failure (declined card, insufficient funds, expired payment method, revoked authorization, etc.): the auction is canceled and both you and the winning bidder are notified by email. The platform's only automatic remedy on charge failure is cancellation; the platform does not, in MVP, automatically offer the disc to the second-highest bidder. You may re-list at any time. Platform staff may, at their discretion, contact the winning bidder and/or underbidders separately to facilitate a follow-up sale, but you should not assume this will happen.

4.5.6 Reserve price, Buy-It-Now, anti-sniping (future features). Reserved. These features are not exposed in the seller form at this time. When they ship, the rules will be governed by addendum to this Section 4.5.

5. If you bid or buy a disc

This section applies when you place a disc in your cart, place a bid, or complete a purchase. The obligations below are in addition to the platform-wide obligations in Sections 1–3 and 7–13.

5.1 Fixed-price purchases

5.1.1 Cart and checkout. When you add a fixed-price listing to your cart and proceed through checkout, you place an order with the seller of that listing. Multi-seller carts split into one order per seller — each becomes a separate transaction.

5.1.2 What you pay. Your total at checkout consists of:

• The seller's listed item price.
• Shipping, computed at checkout from the seller's origin ZIP, your destination ZIP, and the number of discs in your order (zone × packaging-tier rate matrix; USPS Ground Advantage).
• Sales tax when applicable, calculated based on your shipping address per Section 4.5.

5.1.3 Payment authorization. When you submit checkout, you authorize the platform to charge your selected payment method for the full order total. Your card is charged at the moment of submission; if the charge fails, the order is canceled and the disc is returned to active status.

5.1.4 Order reservation. Upon successful charge, the disc is reserved for you and the seller is notified to ship. The seller is required to ship within the deadline in Section 4.3.2.

5.1.5 No mid-flight modifications. Once you submit checkout and your card is charged, you cannot modify the order or substitute items. If you need to cancel before the seller ships, contact platform support; cancellation is at the platform's discretion and may depend on the seller's preparation status.

5.2 Auctions (buyer mechanics)

5.2.1 Card on file required. To place your first bid on any auction, you must save a valid payment method to your account via the platform's bidding-setup flow (Stripe SetupIntent). This payment method is stored with Stripe (the platform does not see or store your card number). The platform may attempt to charge this payment method on your behalf as described below; you authorize such charges when you save the payment method and again with each bid you place.

5.2.2 Bids are binding offers. When you place a bid on an auction listing, you make a binding offer to purchase the listed disc at the bid amount, conditional on being the highest bidder when the auction closes. You may not retract a bid except in narrow circumstances — for example, a typographical error (you typed $100 when you meant $10) or a material discrepancy between the listing and the disc itself discovered after you bid — approved by the platform on a case-by-case basis. The platform's decision is final.

5.2.3 Acceptance and contract formation. The platform accepts your offer on the seller's behalf at the moment the auction closes if you are the highest bidder. That moment of acceptance creates a contract for sale between you and the seller, with the platform as facilitator and payment intermediary.

5.2.4 Automatic charge at close. When the auction closes and you are the highest bidder, you authorize the platform to charge your saved payment method for the full purchase amount (winning bid + shipping + applicable sales tax) without further notice. The charge is attempted off-session via Stripe.

5.2.5 Failed-payment outcome. If the platform is unable to charge your saved payment method at auction close, the auction will be canceled. The platform's only automatic remedy on charge failure is cancellation. The platform will NOT retry the charge, NOT attempt to collect the unpaid amount through any other means, NOT impose a penalty fee, and NOT automatically offer the disc to the second-highest bidder. The platform reserves the right to suspend or restrict your bidding privileges after repeated failed-charge incidents (typically 2 or more within 90 days).

You acknowledge that even though your bid was a binding offer, the platform's election to cancel is its sole automatic remedy. Nothing in this section limits the platform's right to suspend your account or take other corrective action under Section 7.

5.2.6 No bidding on your own listings; no off-platform coordination. If you also sell on the platform, you may not bid on auctions where you are the seller, directly or through a coordinated third party. You will not coordinate with sellers off-platform to manipulate auction prices, agree to side payments, or otherwise interfere with the auction's competitive integrity. Detected shilling or coordination may void the sale and result in account suspension.

5.2.7 Notifications. The platform will email you when someone outbids you on an auction, when an auction you've bid on is approaching close (approximately one hour before close), and when an auction you participated in closes. These notifications are best-effort; the platform is not liable for delayed or undelivered notification emails.

5.3 Payment authorization (saved methods)

5.3.1 Single-charge authorizations (fixed-price purchases). Each fixed-price purchase authorizes a single charge to the payment method you select at checkout, in the amount of the full order total displayed before submission.

5.3.2 Saved payment methods for auctions. As described in Section 5.2.1, saving a payment method for auction bidding creates a Stripe Customer record and attaches your payment method to that record. You authorize the platform to charge that payment method, off-session, for the full purchase amount of any auction you win, at the moment that auction closes, without further notice or confirmation.

5.3.3 Authorization survives auction-bid interval. Your saved payment method remains authorized for off-session charge until you remove it via account settings or your card issuer revokes Stripe's authorization (card expires, you cancel the card, or the issuer flags Stripe). It is your responsibility to keep the saved payment method valid throughout any auction you have bid on.

5.4 Shipping and delivery

5.4.1 Shipping address. The shipping address you provide at checkout (for fixed-price listings) or during bidding setup (for auctions) is the address to which the seller will ship. Your shipping address must be accurate and complete. If the seller ships to the address you provided and the package is delivered there, the order is considered fulfilled regardless of whether the address was your intended destination.

5.4.2 Shipping risk and dispute-process preference. Per Section 4.3.1, sellers bear the risk of loss, damage, theft, or delivery to an incorrect address up to the held-payout window (Section 6.1). If a package is lost, damaged, or undelivered, you should report it via the platform's dispute process within the held-payout window so we can mediate. The platform's policy is for buyers to use our dispute process before contacting their card issuer — chargebacks bypass our mediation and harm sellers financially (potential reverse_transfer plus the card-issuer's chargeback fee). Repeated chargeback abuse — such as filing chargebacks without first attempting our dispute process when one is available, or filing chargebacks for orders the buyer received in accord with the listing — is grounds for buyer account suspension under Section 7. You retain at all times the right to dispute charges directly with your card issuer under the federal Fair Credit Billing Act (15 USC § 1666) and any analogous state consumer-protection law. Nothing in this Section is intended to contractually waive that right.

5.4.3 Delivery timeline. Sellers are required to ship within 3 business days of payment per Section 4.3.2. USPS Ground Advantage typically delivers within 2–5 business days from shipment. Expedited shipping is not offered at launch.

5.4.4 U.S. destinations only. The platform serves United States destinations only. Orders cannot be placed to addresses outside the U.S., including most U.S. territories, APO/FPO addresses, and post-office-box-only addresses in restricted carrier zones (on a case-by-case basis).

6. Held-payout escrow, disputes, and refunds

6.1 Held-payout escrow window. Funds for every order are held in the seller's Stripe Connected Account balance for 3 business days after USPS-confirmed delivery before the platform releases payout to the seller's linked bank account, unless:

• The buyer marks the order received early ("Got it, looks good"), in which case the payout release runs the next cron cycle; OR
• The buyer raises a dispute, in which case the funds remain held until the dispute is resolved.

This window exists primarily as chargeback-prevention infrastructure (the platform is the merchant of record for the transaction). It secondarily allows time for the buyer to inspect the disc and report issues. This window is NOT marketed as a "Buyer Protection" guarantee and should not be relied upon as such. The platform makes no specific representation about its dispute outcomes — outcomes are determined by the platform's reasonable discretion based on the evidence available. Nothing in this Section 6 is intended to disclaim, limit, or contract around any implied warranty, statutory consumer right, or remedy that cannot be lawfully disclaimed or limited under applicable consumer-protection law (see Section 12.7).

6.2 Reporting an issue. If a disc you ordered was not delivered, was delivered but materially differs from the listing's photos / condition rating / weight / stamp description, or was delivered damaged in transit beyond reasonable expectation given the listing condition rating, you should report the issue via the platform's order interface within the held-payout escrow window. Reports made after the escrow window has closed (payout already released) are handled at the platform's discretion and are not eligible for the platform's automatic refund mechanism.

6.3 Platform dispute process. Upon receiving your report, the platform will:

• Review listing photos, tracking, your description, and any other evidence at the platform's discretion.
• Communicate with the seller for their response.
• Determine an outcome: full refund (via Stripe reverse_transfer from the seller's balance), partial refund, replacement coordination (if seller agrees and has comparable inventory), or denial.
• Notify you and the seller of the outcome.

The platform's decision is final between you and the platform. You retain your separate legal rights against the other party outside the platform. Each seller authorizes the platform to debit the seller's Stripe Connect balance to effect any refund determined by the platform under this section.

6.4 Not eligible for refund. The following are not grounds for refund through the platform's dispute process:

• Buyer's remorse (the disc was as described, you just changed your mind).
• Subjective disagreement with the seller's condition rating where the photos plainly show the actual condition and the rating is within reasonable interpretation.
• Damage caused after delivery.
• Issues reported after the escrow window has closed (see Section 6.2).
• Failure to receive the disc when tracking shows confirmed delivery to the address you provided and the seller has met the shipping deadline.

6.5 Chargebacks. The platform's policy is for buyers to use our dispute process before disputing charges with their card issuer, as detailed in Section 5.4.2. Filing chargebacks abusively (without first attempting our dispute process when one is available, or for orders the buyer received in accord with the listing) may result in: account suspension under Section 7, the platform contesting the chargeback through Stripe with evidence of the abuse, and a record on your account that may affect future bidding privileges. You retain at all times the right to dispute charges with your card issuer under the federal Fair Credit Billing Act (15 USC § 1666) and any analogous state consumer-protection law. Nothing in this Section is intended to contractually waive that right.

6.6 No retaliation. Neither party will retaliate against the other in response to a dispute decision they disagree with — including via defamatory off-platform reviews, off-platform contact, threats, or coordinated negative-feedback campaigns. Doing so is grounds for permanent suspension.

7. Suspension, termination, and account closure

7.1 We may, with or without notice, restrict, suspend, or terminate your account for any of the following:

• Breach of these terms.
• Repeated failed-payment incidents on auction-close charges (typically 2 or more within 90 days for buyers).
• Initiating credit-card chargebacks in violation of Section 6.5.
• Detected shilling participation or off-platform coordination (Sections 4.5.3, 5.2.6).
• Use of fake or stolen identity information, including stolen payment methods.
• Threatening or retaliatory conduct toward other users (Section 6.6).
• Repeated buyer-side or seller-side disputes determined to be in bad faith.
• Court order.
• Any other reason at our reasonable discretion.

7.2 You may close your account at any time once all open orders are completed or refunded. Open auctions you are currently winning or have listed may not be canceled by you — they will run their course under the standard auction-close mechanic.

7.3 Sections 3.3 (photo license), 4.3.4 (USPS back-charge authorization), 4.4 (payout obligations on completed sales), 5.3 (payment authorizations on open auctions), 6 (open disputes), 8 (indemnification), and 9 (disclaimers and liability cap) survive termination.

8. Indemnification

8.1 You will indemnify, defend, and hold harmless the platform, its officers, employees, and affiliates from any claim, loss, liability, damage, fine, or expense (including reasonable attorneys' fees) arising out of:

• Your listings (if a seller), including inaccuracies, omissions, or infringement of any third party's intellectual property;
• Your discs themselves (if a seller), including any product liability, safety, or counterfeit claim;
• Your shipping conduct (if a seller), including loss, damage, or delivery to incorrect addresses;
• Your use of the platform (if a buyer), including bids, purchases, and account activity;
• Inaccurate or incomplete shipping address information you provided (if a buyer);
• Your violation of the binding-bid commitment (Section 5.2.2), the chargeback restriction (Section 6.5), or any other provision of these terms;
• Your violation of applicable law or any third party's rights.

The platform's right to indemnification under this Section 8 is subject to the platform's obligation to provide prompt notice of any such claim, allow you to control the defense (with counsel reasonably acceptable to the platform), and not settle any claim without your consent (not unreasonably withheld) where the settlement would impose any obligation on you beyond payment.

Consumer carve-out. Notwithstanding the foregoing, this indemnification obligation does not apply to you, and is unenforceable against you, to the extent prohibited by applicable consumer-protection law — including without limitation the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-15 et seq.) and the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.). The indemnification applies fully to commercial / business users acting outside the scope of consumer protection.

9. Disclaimers and limitation of liability

9.1 The platform is a venue and payment intermediary. We do not take title to discs, do not warehouse them, do not inspect them, and do not warrant their condition, authenticity, or fitness for any purpose to buyers beyond what the seller represents in the listing.

9.2 Except as expressly stated in these terms and to the extent permitted by applicable law, the platform itself is provided "as is" without warranties of any kind, express or implied. Nothing in this Section 9.2 is intended to disclaim, limit, or contract around any warranty, statutory consumer right, or remedy that cannot be lawfully disclaimed or limited under applicable law — including, without limitation, the implied warranty of merchantability under N.J.S.A. 12A:2-314, any rights or remedies under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), and any rights or remedies under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-15 et seq.). Such rights are expressly preserved (see also Section 12.7).

9.3 Liability cap. Subject to the carve-outs in Section 9.5, our aggregate liability to you arising from these terms or your use of the platform is limited to the greater of (a) the total platform fees you paid us (if a seller) or total purchase amount of orders you completed through the platform (if a buyer) in the 12 months preceding the claim, or (b) $500 USD.

9.4 Neither party will be liable for indirect, consequential, incidental, special, or punitive damages — including lost profits, lost revenue, or lost data — even if advised of the possibility. The exclusions in this Section 9.4 do not apply to liability that cannot be limited or excluded by law.

9.5 Non-cap items. The liability cap in Section 9.3 and the damages exclusion in Section 9.4 do not apply to: (a) our gross negligence, willful misconduct, or fraud; (b) personal injury or property damage caused by our negligence; (c) any liability that cannot be limited or excluded under applicable law; (d) statutory damages awarded under any applicable consumer-protection statute, including without limitation the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-15 et seq.) and the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.); or (e) your obligation to pay amounts owed for completed transactions on the platform.

10. Modifications to these terms

10.1 We may update these terms from time to time. How a change is communicated and when it takes effect depends on the nature of the change:

• Non-material changes (typographical corrections, clarifications, formatting, contact-information updates, etc.) are effective when posted on the platform; we will provide email notice as a courtesy.
• Material changes that affect your rights or obligations (changes to fees, dispute procedures, liability provisions, payment authorizations, auction mechanics, refund rules, or any other change that meaningfully shifts how the platform works for you) will be announced via email to your account email at least 30 days before the effective date. Continued use of the platform after the effective date constitutes acceptance of the updated terms.
• High-impact changes — changes to the dispute-resolution provisions (Section 6 or Section 11), the liability provisions (Section 9), or the indemnification provisions (Section 8) — additionally require your affirmative acceptance via in-product acknowledgement before they take effect against you on transactions or auctions initiated after acceptance. If you decline acceptance, you may continue using the platform under the prior version of the affected provisions until the platform sunsets the prior-version path (no sooner than 90 days from the announced effective date), at which point a refusal to accept is treated as a request to close your account under Section 10.2.

10.2 If you do not accept an updated version of these terms, your remedy is to delist active listings (if a seller), close your account before the effective date, and not place new orders or bids. Existing open orders and auctions in progress are governed by the terms in effect at the time of placement.

11. Governing law and disputes

11.1 These terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles.

11.2 Mandatory pre-suit conferral. Before filing suit, you agree to give the platform 30 days' written notice of the claim by email to support@disctradingpost.com and to attempt good-faith resolution.

11.3 Venue. Any dispute not resolved through Section 11.2 will be brought in the state or federal courts located in Camden County, New Jersey, and you consent to personal jurisdiction there.

12. General provisions

12.1 Independent contractor / no agency. Sellers are independent sellers, not employees, agents, partners, or joint-venturers of the platform. Buyers are independent buyers, not agents of the platform. Nothing in these terms creates an agency, partnership, or employment relationship.

12.2 Tax responsibility. Sellers are responsible for their own income tax, sales tax (in jurisdictions where the platform does not act as marketplace facilitator), business registration, and any state or local licensing applicable to selling used sporting goods. Buyers are responsible for any tax obligations on their end (use tax, etc.) to the extent the platform's marketplace-facilitator collection does not cover them.

12.3 Severability. If any provision is held unenforceable, the remainder of these terms remains in effect; the unenforceable provision will be reformed to the minimum extent necessary to render it enforceable while preserving its intent.

12.4 Entire agreement. These terms, together with Stripe's Connected Account Agreement (for sellers) and Stripe's terms (for buyers), the platform's Privacy Policy, and any Acceptable Use Policy linked from the platform, constitute the entire agreement between you and the platform regarding the subject matter.

12.5 No waiver. Our failure to enforce any provision is not a waiver of that or any other provision.

12.6 Assignment. You may not assign these terms without our written consent. We may assign these terms in connection with a merger, acquisition, or sale of substantially all the platform's assets.

12.7 Consumer-protection savings clause. To the extent you are a consumer under the law of your jurisdiction, nothing in these terms is intended to waive, limit, or contract around any right or remedy provided to you by applicable consumer-protection law, including without limitation:

• the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-15 et seq. ("TCCWNA");
• the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.;
• the federal Fair Credit Billing Act, 15 USC § 1666 et seq.;
• the federal Magnuson-Moss Warranty Act, 15 USC § 2301 et seq.;
• the implied warranty of merchantability under N.J.S.A. 12A:2-314 and any analogous Uniform Commercial Code Article 2 provision in your jurisdiction; and
• any analogous state consumer-protection statute applicable to you.

All such rights and remedies are expressly preserved. To the extent any provision of these terms is held to violate, conflict with, or be unenforceable under any such law, the provision will be reformed to the minimum extent necessary to render it enforceable while preserving the original intent of the parties, and the law's protection of your rights will control. The remainder of these terms will continue in full force and effect.

13. Contact

Questions about these terms: support@disctradingpost.com General support and order issues: support@disctradingpost.com Mailing address: Last Tree Disc Golf LLC, 725 Belmont Ave, Collingswood, NJ 08108