Garage Technologies, Inc.

Terms of Service

Effective Date: November 10, 2023

1. Acceptance of Termster

Welcome to Garage, a peer-to-peer online marketplace for pre-owned equipment. These Terms of Service ("Terms") govern your use of Garage's platform and services. By accessing or using Garage, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use Garage.

2. Definitions

a. "Garage" refers to Garage Technologies, Inc., a company that operates an online marketplace for pre-owned equipment.

b. "User" refers to any individual or entity that accesses or uses Garage.

c. "Equipment" refers to any tangible goods, machinery, tools, or other items listed for sale or purchase on Garage.

3. Account Registration

a. To use Garage, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account information and are liable for any activity that occurs under your account.

b. You must be at least 18 years old to use Garage. By registering, you confirm that you meet this age requirement.

4. Listings and Transactions

a. Users may list pre-owned equipment, as well as other non-equipment goods and services, for sale on Garage. All listings must accurately describe the items or services, including their condition and specifications.

b. Garage does not guarantee the quality, safety, or legality of items or services listed on the platform. Users are responsible for conducting their due diligence before making any purchase.

c. Garage is not a party to any transaction between users. Users agree that Garage is not liable for any disputes or issues arising from transactions.

5. Prohibited Content and Activities

a. Users may not list, post, or engage in any of the following activities on Garage:

  • Items that are illegal, stolen, counterfeit, or infringe on intellectual property rights.
  • Misleading or false information.
  • Content that is discriminatory, offensive, or harmful.
  • Unauthorized commercial activities, including spam and advertising.
  • Violation of any applicable laws or regulations.

b. Users may not engage in any business or activity that falls under the categories listed on the Stripe Restricted Business List, which includes but may not be limited to:

  • Illegal products and services.
  • Products and services that infringe intellectual property rights.
  • Products and services that are unfair, predatory, or deceptive.
  • Adult content and services.
  • Certain legal services.
  • Firearms, explosives, and dangerous materials.
  • Gambling.
  • Marijuana.

c. Garage reserves the right to remove or modify any content and suspend or terminate accounts that violate these Terms.

6. Prohibited Countries

Goods destined for the following countries cannot be listed or sold on the platform: Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Luhansk, and Donetsk Regions of Ukraine.

7. Fees and Payments

a. Garage may charge fees for certain services, such as listing equipment or promoting listings. Fee details will be provided on the platform.

b. Users are responsible for all applicable taxes and fees associated with their transactions on Garage.

8. Privacy

Garage's Privacy Policy governs the collection, use, and sharing of user data. By using Garage, you agree to the terms of the Privacy Policy.

9. Disclaimers and Limitations of Liability

a. Garage provides its platform "as-is" and makes no warranties or guarantees regarding the quality, safety, legality, or fitness for a particular purpose of the equipment listed on the platform.

b. Garage is not responsible for any direct, indirect, incidental, or consequential damages arising from your use of the platform, including but not limited to financial losses, personal injury, or property damage.

c. In cases where Garage facilitates or handles funds as part of a transaction, Garage is not responsible for the quality or condition of the equipment purchased. Users agree that Garage's involvement in financial transactions does not constitute a warranty or guarantee of the equipment's quality or suitability for any purpose.

d. Users are solely responsible for conducting their own due diligence, including inspecting equipment and assessing its suitability for their needs, before making any purchase.

10. Termination

Garage reserves the right to suspend or terminate your account and access to the platform at its discretion, without notice, for any reason.

11. Changes to Terms

Garage may update these Terms at any time. Users will be notified of any significant changes, and continued use of the platform after such changes constitutes acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA. Any disputes shall be resolved through arbitration in accordance with the rules of the American Arbitration Association, and the venue for arbitration shall be New York City, New York. Users waive any right to a jury trial.

13. Defense and Indemnity

Each User agrees to defend and indemnify Garage Technologies, Inc., its affiliated and related entities, and their respective shareholders, members, directors, officers, employees, agents, representatives, and permitted successors and assigns (collectively, the "Garage Technologies Indemnified Parties"), and hold them harmless from and against any and all damages, claims, suits, actions, liabilities, loss, costs, and expenses, including reasonable attorneys' fees (collectively "Claims"), arising out of or alleged to have arisen from:

(i) Such User's breach under this Agreement.

(ii) Such User's breach of a Managed Services Agreement or any other agreement entered into under or in connection with this Agreement.

(iii) If such User is a Buyer, such User's subsequent sale, use, or handling of the Equipment.

(iv) Such User's breach of any law, rule, regulation, or any order of any court or other governmental authority.

(v) Such User's violation of the rights of any third party.

The foregoing indemnity applies to any such claim except to the extent that such Claim is caused by the gross negligence or willful misconduct of Garage Technologies, Inc.

13. Contact Information

For questions or concerns regarding these Terms, please contact Garage Technologies, Inc. at team@withgarage.com.

CLASS ACTION WAIVER: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT YOU WILL NOT BRING AGAINST GARAGE TECHNOLOGIES, INC., OR ANY OF ITS AFFILIATES OR RELATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PERMITTED SUCCESSORS AND ASSIGNS, ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION RELATED TO YOUR ACCESS TO, DEALINGS WITH, OR USE OF OUR SERVICES, AND ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

By using Garage, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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