Marketplace Terms of Service

Welcome to EstateSail. These Terms of Service (the "Terms" or "Agreement") govern your access to and use of the EstateSail website, marketplace, mobile applications, and any related software and services we provide (together, the "Service"). "EstateSail," "Company," "we," "our," and "us" refer to EstateSail, LLC, a California limited liability company, and its affiliates. "You" and "your" refer to the individual or entity using the Service.

By accessing or using the Service — including by browsing sale pages, creating an account, following sales, placing bids, adding items to a cart, or completing checkout — you agree to be bound by this Agreement and our Privacy Policy, which is incorporated into this Agreement by reference. If you do not agree to this Agreement or the Privacy Policy, you may not use the Service.

This Agreement contains a binding arbitration provision and a class-action waiver in the "Dispute Resolution" section below, which affect how disputes between you and EstateSail are resolved. Please read those sections carefully.

We may update this Agreement and the Privacy Policy from time to time. Material changes will be posted on this page along with a new "Last updated" date, and where appropriate we may provide additional notice (such as by email or in-product notification). It is your responsibility to review this Agreement periodically. Continued use of the Service after a change becomes effective constitutes your acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Service.

To use the Service, you must be at least 18 years old and legally able to enter into a binding contract under applicable law. By using the Service, you represent and warrant that you meet these requirements.

If you use the Service on behalf of a company or other organization, you represent and warrant that you have authority to bind that organization to this Agreement, and references to "you" include that organization.

EstateSail is intended for use within the United States. Use from outside the United States is at your own risk and you are responsible for compliance with local laws.

EstateSail provides software and a marketplace platform that allow estate sale companies, liquidators, auctioneers, and other sellers ("Sellers") to list sales, list items for sale, run auctions, process orders, and communicate with shoppers ("Buyers"). EstateSail is not the seller of items listed by Sellers and is not a party to the contract of sale between a Buyer and a Seller, except where EstateSail is expressly identified as the seller.

Sellers are solely responsible for their listings, including item descriptions, photos, pricing, availability, condition, applicable licenses (such as auctioneer licenses), taxes, pickup logistics, shipping, returns and refund handling, sale-specific rules, and customer service.

EstateSail does not pre-screen Sellers, Buyers, listings, or sales, does not verify the identity of any user, does not take title to listed items, and does not guarantee the quality, safety, accuracy, or legality of any listing or transaction. Buyers are responsible for performing their own due diligence on items, sales, and Sellers before purchasing.

Some features of the Service require you to create an account. You agree to provide current, complete, and accurate information when registering and to keep that information up to date. You may not use a pseudonym, fake name, or another person's likeness, and you may not impersonate another person or organization.

You are responsible for safeguarding your login credentials, including your password, and for all activity that occurs under your account. You may not share your credentials, allow others to access your account, or use another person's account without permission. Notify EstateSail support immediately if you suspect any unauthorized use of your account.

EstateSail may suspend, restrict, or terminate your account at any time, with or without notice, if we believe in good faith that you have violated this Agreement or applicable law, or that your use of the Service poses a risk to other users or the platform.

Estate sale inventory can move quickly. Items may be one-of-a-kind, limited quantity, withdrawn by the Seller, sold in person while the listing is live, or otherwise unavailable. An item is not guaranteed until checkout is completed and the order is confirmed. EstateSail and Sellers reserve the right to cancel or refuse orders that appear fraudulent, unauthorized, mispriced, or inconsistent with seller policy or applicable law.

For auctions, bids placed through the Service are binding offers to purchase the item at the bid amount, subject to the auction rules shown at the time of bidding (including any reserve, bid increment, extension, and tie-breaking rules) and to the Seller's and EstateSail's policies. You are responsible for reviewing auction rules before placing a bid.

Payments are processed through third-party providers such as Stripe and Square. By completing checkout, you authorize EstateSail and the applicable payment provider to charge your selected payment method for the order total, including the item subtotal, taxes, service fees, shipping, and card processing fees shown at checkout.

Taxes, service fees, and processing fees may vary based on the sale location, fulfillment method, shipping address, payment processor, Seller configuration, and applicable law. EstateSail may pass through, calculate, or remit fees and taxes on behalf of Sellers where appropriate.

EstateSail may charge a marketplace service fee of up to five percent (5%) of an online order. Depending on the Seller's configuration, this fee is either shown to you as a separate line item at checkout or already reflected in the price. The exact item subtotal, taxes, service fees, card processing fees, and shipping for your order are itemized at checkout before you confirm, and by completing checkout you authorize the total shown.

If a payment fails, is reversed, or is charged back, EstateSail and the Seller may suspend or cancel the related order, withhold or recover items associated with the order, charge collection or chargeback fees to the extent permitted by law, and suspend your account. If you initiate a chargeback that EstateSail or the Seller successfully disputes, the funds returned to EstateSail or the Seller as a result of that dispute do not entitle you to a refund or to reinstatement of any cancelled order.

You have fifteen (15) calendar days from the date of a completed purchase to notify EstateSail in writing at support@estatesail.us of any billing discrepancy. After that period, all charges related to that purchase are deemed final and you waive any claim arising from the discrepancy, except as required by applicable law.

Pickup windows, pickup locations, shipping options, handling times, fulfillment status, and any sale-specific rules are set and managed by the Seller. You are responsible for following the Seller's pickup and shipping instructions and for arriving on time, with appropriate identification, vehicles, helpers, and equipment as required.

If you do not pick up an item within the Seller's stated window, the Seller may treat the item according to their sale policy. That policy may include cancellation without refund, forfeiture, storage fees, resale, or donation. EstateSail is not responsible for items that are missed, abandoned, lost, damaged, or destroyed at the sale location.

EstateSail is not a shipper, freight broker, or logistics provider. Where shipping is offered, the Seller (or a carrier or shipping service the Seller selects) is responsible for packing, handling, transit, tracking, claims, and delivery, subject to that provider's terms.

All sales through EstateSail are final. By completing a purchase, you accept the item in the condition it is in at the time of sale. The policy printed on your receipt and order confirmation applies to every marketplace order the same way it applies to in-person purchases: all items are sold "AS IS, WHERE IS," with no warranties or guarantees of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. The buyer assumes full responsibility for the item once payment is complete.

Estate sale merchandise is typically used, vintage, antique, or otherwise pre-owned and is sold without refurbishment. Listings may include photos, measurements, category, quantity, and seller notes when available, but those details are not a substitute for your own inspection. Before placing an order, review the full item page and sale page, including dimensions, condition notes, pickup windows, shipping availability, and any sale-specific rules the seller has posted.

Except where required by applicable law, EstateSail and participating Sellers do not offer returns, refunds, or exchanges for change of mind, buyer's remorse, style preferences, or condition issues that were visible in the listing or otherwise disclosed by the Seller. Picking up the wrong item, missing a pickup window, or failing to arrange shipping in line with the Seller's instructions does not create a right to a refund.

Payment processor fees, platform service fees, and shipping charges are generally non-refundable when a sale is final, except to the extent the payment provider or Seller policy allows those fees to be reversed when a refund is issued.

Refunds, partial refunds, and order adjustments are limited to specific situations, including a duplicate or erroneous charge confirmed by EstateSail or the Seller, a verified payment-processing error, inventory or listing errors handled under the Seller's or EstateSail's checkout rules, and any other circumstance in which applicable law requires a refund.

If you believe a charge was made in error, contact the Seller shown on your order first for sale-specific issues, or EstateSail support at support@estatesail.us for platform or payment questions. Please include your order number, sale name, and a clear description of the issue. EstateSail or the Seller may request additional documentation before making any adjustment.

Estate sales often involve in-person interaction at a residence, storage location, or other physical premises. When you visit a sale, pick up an item, or otherwise interact with a Seller in person, you do so at your own risk.

You agree to release, waive, and hold harmless EstateSail, its officers, directors, employees, contractors, affiliates, and agents from any and all claims for personal injury, property damage, theft, illness, emotional distress, or other harm arising from or related to your interaction with Sellers, other Buyers, sale premises, items, or any third party in connection with the Service, except to the extent that such liability cannot be waived under applicable law.

When you post or submit content to the Service — including reviews, comments, questions, photos, item information, or other materials ("User Content") — you remain the owner of that content, but you grant EstateSail a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, display, perform, modify, adapt, distribute, and otherwise use the User Content in connection with operating, providing, marketing, and improving the Service. This license continues until your User Content is removed from the Service.

You represent and warrant that you have all rights necessary to grant this license, that your User Content does not infringe or violate the rights of any third party, and that your User Content complies with this Agreement.

Some item titles, descriptions, categories, condition notes, measurements, pricing suggestions, or other listing content on EstateSail may be generated or assisted by automated tools or artificial intelligence. Sellers are responsible for reviewing, editing, approving, and publishing all listing content, including any AI assisted output.

EstateSail does not guarantee that AI assisted content is complete, accurate, current, or suitable for any particular item. Buyers should review photos, descriptions, dimensions, condition notes, seller rules, and pickup or shipping details on the listing before placing an order or bid, and should not rely on any single piece of AI generated content as the sole basis for a purchase.

EstateSail may change, retrain, or discontinue AI features at any time without notice.

By creating an account or providing your contact information, you consent to receive electronic communications from EstateSail and from Sellers in connection with the Service, including transactional emails (account confirmations, receipts, order updates, cart and bid reminders, refund notifications, and policy updates), security notices, and where applicable marketing or promotional messages. These communications satisfy any legal requirement that communications be in writing.

You may opt out of marketing or promotional communications at any time by following the unsubscribe link in those messages or by contacting support@estatesail.us. Even after opting out of marketing, you will continue to receive non-promotional, transactional messages necessary to provide the Service.

The Service may also include messaging or contact tools that allow Buyers and Sellers to communicate. You are responsible for your own communications and for complying with applicable law (including anti-spam, telemarketing, and SMS rules).

SMS and Text Messaging Program. EstateSail operates an SMS program ("EstateSail SMS Notifications") that sends: (a) check-in notifications when you check in to an estate sale, including queue number and entry instructions; (b) one-time purchase receipts after you complete a purchase; and (c) promotional messages about upcoming estate sales, which are sent only if you explicitly opt in. Message frequency varies: transactional messages are sent in direct response to your actions, and promotional messages (if opted in) are sent no more than a few times per month.

SMS Consent, Rates, and Opt-Out. By providing your mobile phone number during estate sale check-in or at checkout, you consent to receive transactional SMS messages from EstateSail related to that check-in or purchase. Promotional messages are sent only if you separately opt in, and consent to promotional messages is not a condition of any purchase. Message and data rates may apply; contact your wireless carrier for details about your plan. You can opt out of SMS messages at any time by replying STOP to any message, after which you will receive a one-time confirmation and no further messages; reply START to re-subscribe. For help, reply HELP or contact support@estatesail.us. Your phone number and SMS opt-in data will not be shared with third parties for their marketing purposes. See our Privacy Policy for more information.

The Service may contain links to, or integrate with, websites, applications, or services operated by third parties — including payment processors, shipping carriers, identity providers, mapping providers, advertising networks, and Sellers' own websites. EstateSail does not control and is not responsible for the content, policies, or practices of those third parties. Your interactions with third-party services are at your own risk and are governed by those providers' terms and privacy policies.

You agree to use the Service lawfully and in good faith. You may not use the Service to: (a) violate applicable law, including consumer protection, sanctions, export, intellectual property, anti-spam, telemarketing, or auction laws; (b) post or transmit content that is unlawful, defamatory, obscene, threatening, hateful, harassing, or otherwise objectionable; (c) impersonate any person or entity, or misrepresent your affiliation or authority; (d) interfere with, disrupt, or attempt to gain unauthorized access to the Service, related systems, or other users' accounts; (e) probe, scan, test, reverse engineer, or otherwise attempt to discover the source code or underlying logic of the Service, except to the extent expressly permitted by law; (f) scrape, crawl, harvest, or otherwise extract data from the Service through automated means without our prior written permission, except for legitimate search engine indexing; (g) collect, store, or use other users' personal information in violation of their privacy or applicable law; (h) circumvent checkout, fees, taxes, or any technical or contractual restriction of the Service; (i) submit false, fraudulent, mispriced, prohibited, recalled, hazardous, illegal, or stolen-goods listings; (j) bid, buy, or sell in a manner intended to manipulate prices, defraud Sellers or Buyers, or evade fees; (k) submit fake reviews, ratings, or feedback; (l) create accounts in an automated manner or maintain multiple accounts to abuse promotions, evade suspension, or interfere with other users; (m) transmit malware, viruses, worms, or other harmful code; or (n) use the Service to send unsolicited promotions or advertisements.

EstateSail may, in its sole discretion and without liability, remove content, cancel orders, suspend or terminate accounts, restrict listings, or take any other action it deems appropriate to enforce this Agreement, comply with law, or protect users.

The Service, including its software, design, logos, graphics, text, audio, video, and other materials (the "EstateSail Materials"), is owned by EstateSail or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in this Agreement, no rights are granted to you in the EstateSail Materials. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works of the EstateSail Materials, except as expressly permitted in writing by EstateSail or by applicable law.

"EstateSail" and the EstateSail logo are trademarks of EstateSail. All other trademarks, service marks, and logos appearing on the Service belong to their respective owners.

EstateSail responds to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe content available through the Service infringes your copyright, please send a written notice to support@estatesail.us with the subject line "DMCA Notice" that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material with enough detail (URL, item ID, or screenshot) for us to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

You may be liable for damages, including costs and attorneys' fees, if you knowingly misrepresent that material is infringing. EstateSail may remove or disable access to content that is the subject of a valid DMCA notice and may terminate accounts of repeat infringers in appropriate circumstances.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ESTATESAIL AND ITS LICENSORS, SUPPLIERS, AND PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY LISTING, ITEM, SELLER, OR BUYER IS GENUINE, AUTHORIZED, OR LAWFUL. EstateSail does not control, endorse, or guarantee any item, sale, listing, communication, or transaction on the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, ESTATESAIL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO ESTATESAIL IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE A FUNDAMENTAL PART OF THE BARGAIN BETWEEN YOU AND ESTATESAIL.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In that case, our liability will be limited to the smallest extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless EstateSail and its officers, directors, employees, contractors, affiliates, licensors, suppliers, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your access to or use of the Service; (b) your User Content or listings; (c) your interactions with other users, Sellers, Buyers, sale premises, or items; (d) your violation of this Agreement or any applicable law; or (e) your violation of the rights of any third party, including intellectual property, privacy, or publicity rights.

EstateSail reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with EstateSail's defense.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by sending written notice to support@estatesail.us describing the dispute, the relief sought, and your contact information. You and EstateSail agree to use good-faith efforts to resolve the dispute for at least sixty (60) days after the notice is received before initiating arbitration or court action.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or your relationship with EstateSail (a "Dispute") that is not resolved informally will be resolved exclusively by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except as modified here. The arbitration will be conducted in the English language by a single arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including the scope, enforceability, and arbitrability of this section, except that disputes over intellectual-property rights or claims that may be brought in small-claims court may be resolved in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Class Action Waiver. YOU AND ESTATESAIL EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim will be severed and may proceed in court, but the remainder of this section will continue to apply.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@estatesail.us within thirty (30) days of first accepting this Agreement, including your name, address, email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of this Agreement.

Governing Law and Venue. This Agreement and any Dispute will be governed by the laws of the State of California, excluding its conflict-of-law principles, and (where the arbitration agreement above does not apply) the exclusive venue for any judicial proceeding will be the state and federal courts located in California. Each party consents to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Time Limit. Any Dispute must be filed within one (1) year after the cause of action arose, except where applicable law requires a longer period.

You may stop using the Service and close your account at any time by contacting support@estatesail.us. EstateSail may suspend or terminate your access to all or part of the Service at any time, with or without notice, for any reason, including violation of this Agreement, suspected fraud or abuse, risk to the platform or other users, or compliance with law.

Upon termination, your right to use the Service will immediately end. Any open orders, refunds, payouts, fees, indemnities, license grants, dispute-resolution provisions, disclaimers, and limitations of liability will survive termination according to their terms.

EstateSail may provide notices to you by email at the address associated with your account, by posting in the Service, or by other reasonable means. You are responsible for keeping your contact information current. Legal notices to EstateSail must be sent in writing to support@estatesail.us.

Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms or policies referenced here, is the entire agreement between you and EstateSail concerning the Service and supersedes all prior or contemporaneous agreements on that subject.

Severability. If any part of this Agreement is found unenforceable, the remaining parts will continue in full force.

No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign this Agreement without our prior written consent. EstateSail may assign this Agreement, in whole or in part, in connection with a corporate transaction or otherwise.

Independent Contractors. You and EstateSail are independent contractors. This Agreement does not create any agency, partnership, joint venture, or employment relationship.

No Third-Party Beneficiaries. Except where expressly stated, this Agreement does not create any rights for third parties.

Headings. Section headings are for convenience only and have no legal effect.

Force Majeure. EstateSail is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, acts of war, civil unrest, government action, internet outages, supply-chain failures, or third-party service interruptions.

Contact. For questions about this Agreement, contact support@estatesail.us.