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Trove

Terms of Service

Effective date: [EFFECTIVE DATE] · Last updated: November 10, 2026

Draft for legal review. Highlighted items in brackets still need to be filled in, and a lawyer licensed in your state should review this document before Trove launches publicly.

These Terms of Service (“Terms”) are a legal agreement between you and Joseph Preston, doing business as Trove Marketplace (“Trove”, “we”, “us”), the operator of the Trove marketplace website, the Trove mobile apps and related services (together, the “Service”). Please read them carefully. Section 24 contains an arbitration agreement and class-action waiver that affect how disputes with Trove are resolved, and sections 10 and 20 limit Trove’s liability.

Contents

  1. Agreeing to these Terms
  2. Who can use Trove
  3. What Trove is, and what it is not
  4. Your account
  5. Listing items
  6. Prohibited items
  7. Buying, selling, offers and trades
  8. Auctions and bidding
  9. Meeting in person and shipping
  10. Trove is not responsible for items or transactions
  11. Stolen property and law enforcement
  12. Rules of conduct
  13. Messages, reviews and reports
  14. Promoted listings and ad credit
  15. Fees and taxes
  16. Your content and our license to use it
  17. Trove's property and copyright complaints
  18. Moderation, suspension and termination
  19. Disclaimers
  20. Limitation of liability
  21. Your responsibility to Trove (indemnity)
  22. Release of claims
  23. Disputes between users
  24. Disputes with Trove: arbitration and class-action waiver
  25. Governing law
  26. Apple and Google app stores
  27. Changes to Trove and to these Terms
  28. General terms
  29. Contact

1. Agreeing to these Terms

By creating an account, or by using the Service in any way, you agree to these Terms, our Privacy Policy, our Prohibited items rules and any other rules we post for a feature you use (all of which form part of these Terms). If you don’t agree, don’t use the Service.

2. Who can use Trove

  • You must be at least 18 years old and able to form a binding contract. Trove is not for children.
  • You must not be barred from using the Service under the laws that apply to you, and you must not have been removed from Trove before (unless we have agreed in writing that you may return).
  • If you use Trove for a business, you confirm you are authorized to bind that business, and “you” includes the business.
  • Trove is currently offered in the United States. If you use it elsewhere, you are responsible for following local law.

3. What Trove is, and what it is not

Trove is an online venue where people can list items, find items near them, message each other, make offers and propose trades. Trove is not a party to any sale, purchase, trade or other agreement between users. In particular, Trove:

  • does not own, possess, inspect, store, test, ship, deliver or take custody of any item listed on Trove;
  • is not a seller, buyer, broker, auctioneer, carrier or insurer for transactions between users, and is not a bank or escrow agent;
  • handles a buyer's money only when the buyer pays through Trove (the Buy and Buy Now buttons, and paying for an auction you won), and then only as described in Paying through Trove; payments you make to each other in any other way are entirely between you;
  • does not verify the identity, background, honesty or ability to pay of users, or the ownership, existence, quality, safety, legality, authenticity, condition or value of any item;
  • does not guarantee that any listing is accurate, that any item will be delivered or paid for, or that any user will complete a transaction; and
  • does not perform background checks or screen users for criminal history.

Labels such as “email verified” only mean that a person confirmed an email address; they are not an endorsement or a guarantee of anything else. Ratings and reviews are the opinions of other users.

4. Your account

  • Give accurate information and keep it up to date. One person may have one personal account.
  • Keep your password secret and don’t let anyone else use your account. You are responsible for everything done through your account until you tell us it was compromised.
  • Tell us right away at noreply.trovemarketplace@gmail.com if you think someone else has accessed your account.
  • You may delete your account at any time in Account settings. What happens to your data is explained in the Privacy Policy. Deleting your account does not cancel obligations you already have to other users or to Trove.

5. Listing items

When you list an item, you promise that:

  • you own the item, or are legally authorized to sell or trade it, and it is free of liens or claims that you haven’t disclosed;
  • the item is real, available, in your possession or control, and legal to sell where you and the buyer are;
  • your title, description, price, condition, photos and videos are accurate and not misleading, and you disclose known defects, damage, missing parts, repairs and safety recalls;
  • photos and videos show the actual item (or are clearly marked otherwise) and you have the right to use them;
  • the price you list is the price you are willing to accept (no “bait” prices), and you will mark the item as sold or remove it once it’s no longer available;
  • the item complies with any safety rules that apply to it, including consumer-product recall and children’s-product rules; and
  • you will follow every law that applies to the sale, including consumer protection, tax and licensing laws.

Listings expire after a period and can be renewed. We may automatically screen listings, hold them for review, change how they are categorized or shown, or remove them, as described in section 18. We decide in our discretion where and in what order listings appear in search results.

6. Prohibited items

You may not list, offer, request or trade anything on our Prohibited items list, or anything whose sale is illegal where you or the other person are. Examples include stolen goods, counterfeits, weapons and ammunition, drugs, recalled products, live animals and adult content. The list is part of these Terms and may be updated.

7. Buying, selling, offers and trades

  • Agreements are between users. An offer, counter-offer, accepted offer, trade proposal or accepted trade made through Trove is an agreement only between the users involved. Trove is not a party to it and cannot enforce it.
  • Do your own checks. Before you pay, hand over an item, or trade, inspect the item, ask questions, and satisfy yourself about the other person and the item. Trove cannot confirm that a buyer can pay or that a seller has the item.
  • Trades are exchanges of items (and sometimes money) between users. Each user is responsible for the items they give and receive, for confirming the trade is fair, and for following through. Photos attached to a trade proposal are provided by the user and are not checked by Trove.
  • Payment outside Trove. If you pay or get paid in any other way (cash, payment apps, bank transfer, checks), that is entirely between you and the other user and is not held or protected by Trove. Choose a payment method that suits the risk. Trove is not responsible for payments made outside Trove that are lost, reversed, charged back, forged, counterfeit or never made, or for the payment service you choose.
  • No guarantees or warranties from Trove. Apart from holding and refunding payments made through Trove as described in Paying through Trove, Trove does not offer refunds, returns, money-back guarantees, purchase protection or warranties for items bought, sold or traded between users. Any return or warranty is between you and the other user.
  • Marking items sold, reviewing: once a deal is done, sellers should mark the listing as sold. Reviews must reflect a real transaction.

8. Auctions and bidding

  • A bid is a commitment. By bidding you agree to buy the item at the final price if you win. By listing an auction you agree to sell to the winning bidder at that price (if any reserve is met). As with every sale on Trove, the agreement to buy and sell is between the buyer and seller; Trove is not a party to it. Trove collects and holds the winner's payment as described in Paying through Trove, but doesn't guarantee that either person completes the sale.
  • Card holds for bids. To bid you must save a card with our payment provider, Stripe. Each bid places a temporary authorization (a "hold") on that card for your maximum bid; it is not a charge. Only the highest bidder's hold is kept: a hold is released as soon as you are outbid, your bid doesn't take the lead, or the auction ends without you winning. Banks usually show a released hold for a few days before it disappears, and Trove can't speed that up. If you win, you authorize Trove to charge the final price (never more than your maximum) to that card, and the payment is then held as described in Paying through Trove. Because banks drop holds after about a week, Trove renews them every 4 days; if your bank refuses a renewal, you have 24 hours to confirm your card in Trove, or your bids on that auction are withdrawn and the auction continues without them. A declined hold means the bid isn't placed.
  • Proxy bidding. You enter the most you're willing to pay. Trove bids on your behalf only as much as needed to keep you in the lead, up to your maximum. Your maximum is never shown to the seller or other bidders. If two maximums are equal, the earlier bid wins.
  • Reserve and Buy Now. A seller may set a hidden reserve price; if bidding doesn't reach it, the item isn't sold. A Buy Now price, if offered, can be used at any time during the auction while the current bid is below the Buy Now price. The auction ends when the Buy Now payment is confirmed by our payment provider; until then bidding continues, and if bidding passes the Buy Now price first, the Buy Now payment is refunded in full. Anyone who had bid does not win.
  • Timing. Auctions end at the time shown. A bid in the last 2 minutes extends the end by 2 minutes. Trove closes auctions automatically; the clock on Trove's servers decides. Brief outages or delays may affect timing, and Trove is not liable for bids that couldn't be placed in time.
  • No changes once bids are in. A seller can't change the price or terms, end the auction early, or sell the item elsewhere once it has bids. Bids can't be withdrawn except where the law requires; contact us if you made an obvious typo.
  • Fair bidding. Shill bidding (bidding on your own items, or arranging for others to do so to raise the price), bid shielding, collusion and bidding with no intention to pay are prohibited and may lead to suspension.
  • After the auction. The winner's card is charged from their hold. If that charge fails, the winner must pay through Trove within 24 hours of the end. If they don't, the sale is cancelled, the item is relisted automatically with the same settings, and the winner receives a non-payment strike. Anyone with 3 strikes in 180 days can't bid or buy until the strikes expire or we lift them. Once paid, the winner and seller arrange the handover in Trove messages. A seller who doesn't deliver may have the payment refunded to the buyer, may receive a negative review and may be suspended.

9. Paying through Trove (held payments)

Sellers can let buyers pay through Trove with the Buy button on fixed-price posts, and auction winners and Buy Now buyers always pay through Trove. These payments work as follows.

  • Our payment provider. Card payments are processed by Stripe, Inc. ("Stripe"). Payment processing services for sellers on Trove are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Services Agreement"). By setting up payouts or receiving payments through Trove, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of Trove enabling payment processing services through Stripe, you agree to give Trove accurate and complete information about you and your business, and you authorize Trove to share it and transaction information related to your use of the payment processing services provided by Stripe. Buyers' card details are entered on Stripe's pages; Trove never receives full card numbers.
  • Trove as the seller's payment collection agent. Each seller who accepts payment through Trove appoints Trove as its limited agent solely to receive payments from buyers on the seller's behalf. A buyer's payment to Trove (through Stripe) for an item satisfies the buyer's obligation to pay the seller that amount, whether or not Trove has yet paid the seller.
  • When a post comes down. An item is marked sold only after Stripe confirms the buyer's payment. Starting a checkout, or claiming to have paid, does not reserve or remove an item. If a payment is confirmed after the item has sold to someone else, was taken down, changed price, or (for Buy Now) bidding passed the Buy Now price, Trove refunds that payment in full automatically.
  • Holding and paying out. Trove holds the payment until the buyer confirms in Trove that they received the item, or until 3 days after payment if the buyer has not reported a problem, and then sends the seller's share to the seller's Stripe account. Stripe pays it to the seller's bank on the seller's payout schedule. Sellers must set up payouts with Stripe to be paid; if a seller hasn't done so within 14 days of a sale, Trove refunds the buyer and the sale is cancelled. Held funds earn no interest for anyone.
  • Fees. The buyer pays the price shown. From each sale paid through Trove, Trove keeps a fee of 5% of the price, and Stripe's card processing fee (currently about 2.9% + 30¢ in the US) is also deducted from the seller's payout. Both are shown to the seller before and after the sale. Promotions have their own prices, described below.
  • Problems before payout. A buyer who didn't receive the item, or received something materially different from the listing, can report a problem in Trove before the payment is released. This pauses the payout while Trove reviews what both users provide. Trove then decides, in its reasonable discretion, whether to pay the seller or refund the buyer in whole or in part. That decision concerns only the held payment; it doesn't decide or limit any other legal rights the users have against each other.
  • After payout. Once a payment has been released to the seller, Trove generally does not refund it. If a buyer's bank reverses a payment (a chargeback), or Trove refunds a buyer after payout because of fraud, a prohibited item or a seller's failure to deliver, the seller is responsible for that amount and Trove may reverse the payout, deduct it from the seller's future payouts, or recover it from the seller in other ways.
  • Don't misuse checkout. Don't use Trove payments for anything other than a genuine purchase of the listed item, to move money, for prohibited items, or to avoid fees; and don't pay, or ask to be paid, outside Trove for an item someone has already paid for through Trove. We may cancel, refund, hold or reverse payments and suspend accounts involved in misuse, fraud or chargebacks.
  • Taxes and reporting. Sellers are responsible for taxes on their sales. Stripe or Trove may be required to collect tax information and report payments to tax authorities (for example on IRS Form 1099-K).
  • No other buyer protection. Holding a payment is not a guarantee, warranty or insurance. Trove does not inspect items, and the limits on Trove's responsibility in these Terms, including for damaged, lost, stolen, counterfeit or misdescribed items, still apply to sales paid through Trove, except that Trove will refund or release held payments as described above.

10. Meeting in person and shipping

Many transactions involve meeting another user in person or sending items by post or courier. You do this at your own risk. Trove does not arrange, supervise or attend meetings, does not provide a meeting place, and does not arrange or insure shipping. Please read our Safety tips: meet in a busy public place (many police stations offer “safe exchange zones”), bring someone with you, and don’t share more personal information than needed. If you feel unsafe, leave and contact local law enforcement. In an emergency, call 911.

If you ship an item, you are responsible for packaging, carrier choice, insurance, tracking, customs and any loss or damage in transit, as agreed with the other user.

11. Trove is not responsible for items or transactions

To the fullest extent permitted by law, Trove is not liable for any damages, loss or theft of merchandise or money, or for any other harm, arising from items listed, sold, bought, traded or given away using the Service, or from any dealings, communications or meetings between users.

Without limiting the statement above, Trove is not responsible or liable for, and you agree not to hold Trove responsible for:

  • items that are lost, stolen, damaged, destroyed, defective, dangerous, recalled, counterfeit, fake, misdescribed, not as pictured, incomplete or never delivered;
  • items that turn out to be stolen property, or that are seized or reclaimed by their rightful owner or by law enforcement;
  • money or goods lost to fraud, scams, fake payment confirmations, counterfeit cash, bounced checks, chargebacks or payment reversals;
  • a buyer or seller failing to show up, pay, deliver, or complete a deal, or changing their mind;
  • personal injury, property damage, theft, assault or any other harm that happens before, during or after a meeting, delivery, pickup or use of an item;
  • injury or damage caused by an item (for example a defective appliance, a recalled children’s product, or a vehicle), including after it changes hands;
  • loss or damage while an item is shipped, stored or carried;
  • the accuracy of any listing, message, photo, rating, review or profile, or the conduct, identity or intentions of any user; and
  • taxes, fees, permits, licenses or legal requirements that apply to your transactions.

Some places don’t allow every limitation of liability; in those places, these limits apply to the fullest extent the law allows, and nothing in these Terms limits liability that cannot legally be limited (for example, for Trove’s own fraud or gross negligence where the law says so).

12. Stolen property and law enforcement

  • Never list or buy an item you know or suspect is stolen. Signs include prices far below value, missing serial numbers, no proof of ownership, or a seller in a hurry.
  • If you believe an item on Trove is your stolen property, report the listing (Report button) and contact your local police. Do not try to recover it yourself.
  • We cooperate with law enforcement. We may keep and disclose information about listings, accounts and messages to police or other authorities when we believe in good faith that the law requires it or that it is needed to prevent harm, as described in our Privacy Policy.
  • Recovering stolen property, and any compensation, is a matter between the people involved and law enforcement; Trove does not compensate for stolen items.

13. Rules of conduct

When using Trove you must not:

  • break any law, or help someone else break the law;
  • scam, defraud or mislead anyone, including with fake listings, fake payment or shipping confirmations, overpayment or “send me a code” scams, or bait-and-switch;
  • harass, threaten, stalk, bully, intimidate or discriminate against anyone, or post hateful, violent, sexually explicit or obscene content;
  • discriminate in who you deal with on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age or any other legally protected characteristic;
  • post someone else’s personal information, or ask for passwords, verification codes or financial account details;
  • send spam, chain messages, repeated unwanted messages, or advertise outside the Promoted listings feature;
  • post the same item many times, list items in the wrong category, or use misleading keywords to manipulate search;
  • write fake or paid reviews, review yourself, or trade reviews; or manipulate ratings, views or saves;
  • create more than one personal account, impersonate any person or business, or misrepresent your affiliation;
  • use another person’s account, or create an account after we have suspended or banned you;
  • scrape, crawl, copy or harvest data from Trove (including users’ details), except for public search engines indexing public pages;
  • interfere with or attack the Service, probe for vulnerabilities without permission, upload malware, bypass rate limits or security measures, or reverse-engineer the apps except where the law allows; or
  • use Trove to arrange anything other than the lawful exchange of items.

Found a security problem? Please report it privately to noreply.trovemarketplace@gmail.com rather than exploiting it.

14. Messages, reviews and reports

  • Messages are delivered between the people in a conversation. Be respectful and keep conversations about the item. You can turn off read receipts and limit who can message you in Account settings, and you can block users.
  • To keep Trove safe, we may review messages, photos and other content when it is reported, when our automated systems flag it, or when we investigate fraud, safety issues or legal requests.
  • Reviews must be honest, about a real transaction, and free of personal information, threats and hate. We may remove reviews that break these rules, but we don’t remove a review just because it is negative.
  • Use the Report button to tell us about listings, users, messages or reviews that break these Terms. We review reports but can’t promise a particular result or timeframe.

15. Promoted listings and ad credit

Sellers can pay to promote a listing so it appears in “Sponsored” positions to people nearby. If you buy a promotion:

  • What you get. Your listing becomes eligible to be shown in sponsored positions to people searching within the radius you choose, for the number of days and daily budget you choose (currently up to $10 a day and a radius of up to 550 miles). Trove does not guarantee any number of views, clicks, messages or sales, or a particular position. Statistics we show are estimates.
  • Ways to pay. You can pay with ad credit, by card on the website (processed by Stripe), or, in the apps, by buying ad credit through Google Play or the Apple App Store. We never see your full card number.
  • Ad credit is a prepaid balance that can only be used to promote listings on Trove. It has no cash value, cannot be withdrawn, sold or transferred to another account, and does not earn interest. It is not a gift card or stored-value product.
  • Unused time. If a promoted listing is sold, removed, expires or stops being eligible, or you cancel the promotion early, the unused paid time is returned to you as ad credit (not as money).
  • Refunds. Except as stated here or required by law, payments for promotions and ad credit are non-refundable. Purchases made through Google Play or the App Store are subject to Google’s or Apple’s refund policies, and you must ask them for a refund. If a payment is refunded, reversed or charged back, we will end the related promotion and remove any related ad credit, and we may recover credit that has already been spent.
  • Payment problems. If we can’t start a promotion you paid for by card (for example because the listing was removed), we refund the payment automatically.
  • Closing your account. Any remaining ad credit and promotion time ends when your account is deleted or terminated for breaking these Terms, except where the law requires otherwise.
  • Ad content. Promoted listings must follow every rule for ordinary listings. We may refuse, pause or end a promotion that breaks these Terms (if we end one for a breach, the unused time may be forfeited).
  • Prices are shown before you pay and include any taxes that apply unless stated otherwise. We may change prices for future purchases.

16. Fees and taxes

Creating an account, listing, searching, messaging, making offers and proposing trades are currently free. Sales paid through Trove carry the fees described in Paying through Trove. If we introduce or change fees, we will tell you before they apply to you, and you can stop using the feature. You are responsible for any taxes on your own sales, purchases and trades, and for reporting income as the law requires.

17. Your content and our license to use it

You keep ownership of the text, photos, videos, reviews and other content you post (“your content”). You give Trove a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, resize, adapt (for example to remove location data or create thumbnails), publish, display and distribute your content in connection with operating, improving and promoting the Service, including in share previews and promoted listings. This license ends when your content is deleted from the Service, except for copies kept in backups, copies others have already shared, and content we must keep for legal reasons.

You are responsible for your content and promise you have every right needed to post it and that it doesn’t infringe anyone’s rights or break any law. If you send us feedback or ideas, we may use them without any obligation to you.

18. Trove's property and copyright complaints

The Service, including its software, design, logos and the name “Trove”, belongs to Trove or its licensors and is protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service as these Terms allow. You may not use our name or logos without our written permission.

Copyright (DMCA) notices. If you believe content on Trove infringes your copyright, send a notice that meets the requirements of 17 U.S.C. § 512(c)(3) to our designated agent: [DMCA AGENT NAME, ADDRESS AND EMAIL — register at copyright.gov/dmca-directory]. The notice must include your signature; a description of the work and of the infringing material and where it is on Trove; your contact details; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act. Users whose content is removed may send a counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances. Trademark and counterfeit complaints can be sent to the same address.

19. Moderation, suspension and termination

  • We may, at any time and at our discretion, remove or hide content, hold listings for review, limit features, end promotions, or suspend or close accounts if we believe a user has broken these Terms or the law, created risk or possible legal exposure for Trove or others, or if we are required to by law.
  • Where practical we will tell you what action we took and why, unless doing so would be unlawful or create a safety risk. If you think we made a mistake, contact us and we will review it.
  • We are not obliged to monitor content and are not responsible for content posted by users, even if we have reviewed or not removed it.
  • We may change, suspend or stop all or part of the Service at any time. If we stop the Service entirely, we will give reasonable notice where possible.
  • Sections that by their nature should survive termination (including sections 10 and 16–28) continue to apply after your account ends.

20. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Trove does not warrant that the Service will be uninterrupted, secure or error-free, that content or listings are accurate, or that defects will be corrected. Trove makes no warranty about any item, user or transaction. Any item you obtain through the Service is obtained at your own risk.

21. Limitation of liability

To the fullest extent permitted by law: (a) Trove and its owners, officers, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or merchandise, arising out of or relating to the Service, these Terms, any item, or any interaction or transaction between users, even if advised of the possibility of such damages; and (b) Trove’s total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of one hundred US dollars (US$100) or the amount you paid Trove in the twelve months before the event giving rise to the claim.

These limits apply whatever the legal theory (contract, tort including negligence, product liability or otherwise), and even if a limited remedy fails of its essential purpose. They are an essential part of the bargain between you and Trove; the Service could not be offered for free without them.

22. Your responsibility to Trove (indemnity)

To the extent permitted by law, you will defend, indemnify and hold harmless Trove and its owners, officers, employees and agents from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from: your use of the Service; your content and listings; items you sell, buy, trade or give away; your dealings and meetings with other users; or your breach of these Terms or of any law or anyone else’s rights. We may take over the defense of any such claim, and you will cooperate with us.

23. Release of claims

Because Trove is not a party to transactions between users, if you have a dispute with another user, you release Trove (and its owners, officers, employees and agents) from all claims, demands and damages of every kind, known and unknown, arising out of or connected with that dispute, to the extent the law allows.

If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Residents of other places waive any similar law.

24. Disputes between users

Try to resolve problems directly and politely with the other user first. Trove may, but is not obliged to, help users communicate, look into reports, or take action on accounts; any help we give is voluntary and does not make Trove responsible for the outcome. For crimes such as theft or fraud, contact law enforcement.

25. Disputes with Trove: arbitration and class-action waiver

Please read this section carefully. It affects your legal rights.

  • Talk to us first. Before starting any formal claim, send a written description of the dispute and what you want to noreply.trovemarketplace@gmail.com (or to [MAILING ADDRESS]). We will do the same for claims against you. Both sides agree to try in good faith to resolve it within 60 days.
  • Binding individual arbitration. If it isn’t resolved, you and Trove agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as listed below. The Federal Arbitration Act governs this section. The arbitrator decides all issues, except that a court decides questions about the validity, scope and enforceability of the class-action waiver. Arbitration may be held by video or phone, or in the county where you live, and Trove will pay the AAA filing, administration and arbitrator fees beyond those you would pay to file in court, unless the arbitrator finds your claim frivolous.
  • Exceptions. Either side may bring an individual claim in small-claims court if it qualifies, and either side may ask a court for an injunction to protect intellectual property or stop unauthorized access to the Service.
  • No class actions. You and Trove may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine claims of more than one person or award relief to anyone other than the individual party. If this waiver is found unenforceable for a claim, that claim (and only that claim) will be decided in court, after any arbitrable claims.
  • Opt-out. You can opt out of this arbitration agreement by emailing noreply.trovemarketplace@gmail.com from your account email address within 30 days after you first agree to these Terms, saying that you opt out of arbitration. Opting out does not affect the rest of these Terms.
  • Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

26. Governing law

These Terms are governed by the laws of the State of [STATE] and applicable US federal law, without regard to conflict-of-law rules. For any claim that is not arbitrated, you and Trove agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY] County, [STATE], except that you may bring a claim in the courts where you live if your local consumer law gives you that right.

27. Apple and Google app stores

If you downloaded a Trove app from the Apple App Store or Google Play:

  • These Terms are between you and Trove only, not Apple or Google, and Trove (not Apple or Google) is responsible for the app and its content.
  • Your license to use the app is limited to using it on Apple- or Android-branded devices you own or control, as allowed by the store’s usage rules.
  • Apple and Google have no obligation to provide maintenance or support for the app.
  • If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses or costs from a failure to conform to a warranty are Trove’s responsibility, subject to these Terms.
  • Trove, not Apple or Google, is responsible for addressing any claims relating to the app, including product-liability claims, claims that the app fails to meet legal or regulatory requirements, consumer-protection, privacy or similar claims, and claims that the app infringes a third party’s intellectual property.
  • You confirm you are not located in a country subject to a US government embargo or designated as a “terrorist-supporting” country, and you are not on any US government list of prohibited or restricted parties.
  • You must also follow the store’s terms (including for in-app purchases) and any third-party terms that apply when using the app.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you as a third-party beneficiary.

28. Changes to Trove and to these Terms

We may update these Terms from time to time. If a change is material, we will tell you in advance (for example by email or a notice in the Service) and, where required, ask you to accept the new Terms. Changes won’t apply retroactively, and changes to the arbitration section won’t apply to disputes we already know about. If you keep using the Service after the changes take effect, you accept them; if you don’t agree, stop using the Service and delete your account.

29. General terms

  • Entire agreement. These Terms (with the documents they refer to) are the whole agreement between you and Trove about the Service.
  • Severability. If any part is found unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect.
  • No waiver. If we don’t enforce a right, we haven’t given it up.
  • Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours, for example as part of a merger, acquisition or sale of assets.
  • Events beyond our control. We are not liable for delays or failures caused by events outside our reasonable control, such as outages of hosting, payment or email providers, natural disasters, or government action.
  • Notices. We may send you notices by email to your account address or through the Service. You can send notices to the contact details below.
  • Relationship. Nothing in these Terms creates a partnership, employment, agency or joint-venture relationship between you and Trove.
  • Headings and examples are for convenience; “including” means “including without limitation”.

30. Contact

Joseph Preston, doing business as Trove Marketplace
[MAILING ADDRESS]
Email: noreply.trovemarketplace@gmail.com

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