These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and ListMint (“ListMint”, “we”, “us”, or “our”), operating out of Peoria, Maricopa County, Arizona, United States, governing all platform access, interstate commerce transactions, and commercial operations across all fifty (50) United States and U.S. territories.
PLEASE READ SECTION 10 CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT (FAA, 9 U.S.C. § 1 ET SEQ.) REQUIRING THAT ALL DISPUTES BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION IN MARICOPA COUNTY, ARIZONA (OR VIRTUALLY BY MUTUAL AGREEMENT) UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), RATHER THAN IN COURT OR BEFORE A JURY. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
LISTMINT IS AN INTERACTIVE COMPUTER SERVICE INTERMEDIARY AND SOFTWARE PLATFORM PROTECTED UNDER 47 U.S.C. § 230. LISTMINT DOES NOT MANUFACTURE, TAKE TITLE TO, INSPECT, WAREHOUSE, OR WARRANT ANY SECONDARY-MARKET MERCHANDISE OFFERED BY INDEPENDENT THIRD-PARTY SELLERS.
Universal contractual rules governing every visitor, registered account, buyer, and seller in all jurisdictions.
By checking the agreement box during registration or invite request, accessing, browsing, downloading, or using the ListMint website, mobile web applications, software, or APIs (“the Service”), you expressly consent to electronic contracting in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.), the Arizona Uniform Electronic Transactions Act (A.R.S. § 44-7001 et seq.), and the Uniform Electronic Transactions Act (UETA) as enacted across all fifty (50) states. All transactions conducted on or facilitated by ListMint involve interstate commerce within the meaning of Article I, Section 8, Clause 3 of the United States Constitution. If you do not agree unconditionally to every provision herein, you must immediately terminate access and refrain from using the Service.
The Service is strictly available only to individuals who are at least eighteen (18) years of age and possess the legal capacity to enter into binding commercial contracts under applicable federal and state laws. Use of ListMint by minors under the age of 18 is strictly prohibited. By registering or using the Service, you represent and warrant that you are at least 18 years old and that all registration and verification details provided are truthful, accurate, and verifiable.
ListMint operates solely as an interactive computer service provider, technological venue, and communication tool facilitating direct transactions between independent third-party sellers and buyers. ListMint is not an auctioneer, retail merchant, broker, consignor, bailor, or agent of any user. ListMint does not take possession, title, or custody of listed merchandise, nor does it inspect, warehouse, package, or guarantee secondary-market goods. Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230(c)), ListMint is immune from liability as a publisher or speaker of any information, images, listing data, member reviews, or communications transmitted by users.
You are solely responsible for maintaining the confidentiality of your credentials, password, and session access. You agree to immediately notify ListMint of any unauthorized breach or account compromise at [email protected]. To maintain trust and safety nationwide, users may be required to verify telephone numbers and identity details. You may not maintain more than one active user account, transfer your account, share credentials, or access an account belonging to another person without prior authorization.
You agree that you will not: (a) engage in fraud, misrepresentation, deceptive trade practices, or violate the Arizona Consumer Fraud Act (A.R.S. § 44-1521 et seq.) or any state consumer protection statute; (b) harvest, scrape, crawl, reverse-engineer, decompile, or extract proprietary algorithms, database records, or pricing models; (c) bypass or probe any rate-limiting, authentication, or network security controls; (d) introduce viruses, malware, trojan horses, or destructive code; (e) harass, stalk, threaten, defraud, or discriminate against other users; or (f) orchestrate off-platform transactions to circumvent safety protocols, fee structures, or agreed marketplace obligations.
The ListMint name, diamond mark, logos, proprietary UI code, MeritSKU™ intelligence algorithms, BidBolt mechanisms, and brand assets are the exclusive intellectual property of ListMint and its licensors.
DMCA Safe Harbor Notice: If you believe content hosted on ListMint infringes your copyrighted work under 17 U.S.C. § 512, you may submit a formal notification to our Designated DMCA Agent containing: (1) physical or electronic signature of the copyright owner or authorized representative; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the infringing material and URL; (4) your full legal contact information; (5) a statement of good-faith belief; and (6) a statement under penalty of perjury that the information is accurate. Send notices to: [email protected] or [email protected], Attn: Legal Department / DMCA Agent, Peoria, AZ.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, SOFTWARE, FEATURES, AI VISION TOOLS, PRICING ESTIMATES, AND ALL USER-GENERATED LISTINGS ARE PROVIDED STRICTLY “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
LISTMINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COMMON LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND FREEDOM FROM DEFECTS OR SYSTEM ERRORS UNDER UNIFORM COMMERCIAL CODE § 2-316 AND ARIZONA REVISED STATUTES TITLE 47 (A.R.S. § 47-2316). LISTMINT MAKES NO WARRANTY AS TO THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY, CONDITION, OR VALUE OF ANY MERCHANDISE OFFERED BY THIRD PARTIES NATIONWIDE.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL LISTMINT, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR INVENTORY LOSS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, IN-PERSON TRANSACTIONS, PHYSICAL MEETUPS, OR CARRIER TRANSIT.
LISTMINT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), OR (B) THE ACTUAL SERVICE FEES PAID BY YOU DIRECTLY TO LISTMINT FOR LISTING CREDITS DURING THE PRECEDING TWELVE (12) MONTHS.
You agree to defend, indemnify, and hold harmless ListMint, its parent, subsidiaries, officers, directors, contractors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) any item listed, sold, purchased, or shipped by you; (c) your breach of these Terms, Seller Obligations, or Buyer Obligations; (d) your infringement of any third-party copyright, trademark, patent, trade secret, or privacy right; (e) your violation of any applicable federal or state law, regulation, or tax obligation; or (f) any offline transaction, in-person meeting, bodily injury, or property dispute between you and another party.
Mandatory Arbitration:You and ListMint mutually agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, or transactions conducted on the platform shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules or Consumer Arbitration Rules as applicable.
Federal Arbitration Act & Venue: The Federal Arbitration Act (FAA, 9 U.S.C. § 1 et seq.) and Arizona Uniform Arbitration Act (A.R.S. § 12-1501 et seq.) govern the interpretation and enforcement of this arbitration agreement. The seat and legal venue for arbitration shall be Maricopa County, Arizona (or conducted virtually upon mutual agreement of the parties).
Class Action Waiver: YOU AND LISTMINT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator shall have no authority to consolidate multiple claims or preside over representative proceedings.
One-Year Limitation of Claims (A.R.S. § 12-541): YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY AND IRREVOCABLY BARRED.
These Terms and any non-arbitrable legal proceedings shall be governed by, construed, and enforced exclusively in accordance with the laws of the State of Arizona and applicable federal laws of the United States, without giving effect to conflict-of-law principles. For any dispute not subject to arbitration, you and ListMint submit to the exclusive personal and subject-matter jurisdiction of the Superior Court of Arizona in Maricopa County or the United States District Court for the District of Arizona in Phoenix.
Severability: If any provision of these Terms or the arbitration agreement is held invalid, unlawful, or unenforceable by an arbitrator or court of competent jurisdiction under the laws of any state, that specific provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
ListMint reserves the right, at its sole discretion, without prior notice, to restrict, suspend, or terminate your account and remove any listings if we determine you have violated these Terms, engaged in fraudulent activities, or created safety or legal risks for other users. You may close your account at any time via Profile Settings.
Mandatory contractual terms applicable to all individuals or entities listing, syndicating, or selling inventory on ListMint across all 50 states.
By creating, syndicating, or publishing any listing, you expressly represent, warrant, and covenant that: (a) you are the sole lawful owner of the item or possess unencumbered legal power of attorney to sell it; (b) the item is completely free and clear of all liens, encumbrances, pledges, security interests, or third-party claims; (c) the item is 100% authentic, genuine, and not counterfeit, replicated, bootlegged, or copyright-infringing; and (d) the item was not acquired through theft, burglary, conversion, or illegal channels.
You agree not to list, advertise, cross-post, or sell any item falling within the following categories:
ListMint provides generative artificial intelligence tools (including Google Gemini Vision and multimodal models) that assist in drafting product titles, descriptions, categories, specifications, style attributes, and suggested pricing based on your uploaded photos.
YOU EXPRESSLY ACKNOWLEDGE THAT AI SUGGESTIONS ARE AUTOMATED UNVERIFIED DRAFTS. AS THE SELLER, YOU MUST INDEPENDENTLY REVIEW, INSPECT, EDIT, AND VERIFY EVERY WORD, MEASUREMENT, CONDITION REPORT, AND CLAIM PRIOR TO PUBLISHING. UPON CLICKING “PUBLISH” OR MAKING A LISTING LIVE, YOU ASSUME 100% EXCLUSIVE LEGAL LIABILITY FOR ALL CLAIMS, ACCURACY, TRUTHFULNESS, AND STATUTORY COMPLIANCE ACROSS ALL CHANNELS. LISTMINT DISCLAIMS ANY LIABILITY FOR AI GENERATION ERRORS.
Payment processing and payout services for sellers on ListMint are powered by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By registering as a seller, you agree to be bound by the Stripe Services Agreement. Funds from buyer purchases flow through Stripe Connect; ListMint is not a bank, depository institution, money transmitter, or escrow agent.
If you utilize ListMint's cross-listing, synchronization, or export integrations (including connections to eBay, Etsy, BidBolt, Depop, Poshmark, Mercari, Facebook Marketplace, OfferUp, Vinted, Craigslist, Nextdoor, Shopify, WordPress/WooCommerce, Grailed, or StockX), you acknowledge that each external marketplace enforces separate terms of service and policies. You agree to defend, indemnify, and hold ListMint harmless against any suspension, fee dispute, listing cancellation, or account penalty imposed by external marketplaces.
You maintain a strict affirmative duty to keep inventory accurate and prevent double-sales. While ListMint provides automated multi-channel synchronization, technical latency or third-party API downtimes may occur. You bear sole responsibility for canceling out-of-stock orders, honoring completed sales, or compensating affected buyers.
Marketplace Facilitator Sales Tax: In accordance with the landmark United States Supreme Court ruling in South Dakota v. Wayfair, Inc. (138 S. Ct. 2080) and applicable marketplace facilitator statutes enacted across all fifty (50) states and the District of Columbia, ListMint operates as a qualified Marketplace Facilitator. Where required by state and local laws, ListMint (or its designated payment partners) calculates, collects, and remits applicable state and local sales and use taxes (including the Arizona Transaction Privilege Tax [TPT], California sales tax, Texas sales tax, New York sales tax, and all applicable municipal taxes) directly to state taxing authorities on taxable transactions facilitated through the platform.
For any transactions, jurisdictions, or sales where marketplace facilitator collection is not legally mandated, or for sellers maintaining independent nexus, sellers remain strictly responsible for their own tax determinations, filings, and remittances.
IRS Form 1099-K Reporting: In compliance with Section 6050W of the Internal Revenue Code and state-specific tax reporting statutes (including states with lower annual gross thresholds), ListMint and/or Stripe will issue IRS Form 1099-K and report gross payment volumes to the Internal Revenue Service and relevant state departments of revenue for qualifying sellers meeting applicable federal or state thresholds.
Sellers offering nationwide delivery must dispatch sold items within three (3) business days of order confirmation (unless Seller Vacation Mode is active). Sellers are strictly responsible for: (a) utilizing adequate, durable packaging materials to protect fragile goods during interstate transit; (b) purchasing carrier insurance or declared value coverage for high-value items; (c) generating valid carrier tracking via ListMint shipping or approved carriers (USPS, UPS, FedEx); and (d) obtaining a physical carrier acceptance scan. Under Uniform Commercial Code (UCC) § 2-509, sellers bear the risk of loss or damage until goods are duly tendered into the custody of the carrier.
Mandatory contractual terms governing all purchases, interstate carrier transit, local pickup, and dispute rights nationwide.
You acknowledge and agree that you are purchasing pre-owned, vintage, clearance, or secondary-market goods directly from independent third-party sellers, NOT from ListMint. All purchases are strictly “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. You bear the sole responsibility to inspect items, examine photographs, verify dimensions, review authenticity claims, and ask questions through in-app messaging prior to completing payment.
For transactions involving nationwide shipping via commercial carriers (including the United States Postal Service [USPS], United Parcel Service [UPS], FedEx, or DHL):
For transactions involving local pickup or face-to-face handover across any of the fifty states, buyers and sellers agree to prioritize personal safety above all else. ListMint strongly advises all users nationwide to conduct in-person transactions exclusively during daylight hours at designated municipal safe zones, such as municipal police department headquarters, sheriff's precinct parking lots, or township municipal centers featuring 24/7 video surveillance.
Peoria Police Department Headquarters — Safe Exchange Zone (Founding Benchmark)
8351 W Cinnabar Ave, Peoria, AZ 85345
Publicly monitored municipal police parking lot with 24/7 video surveillance
Premises Liability Disclaimer: ListMint does not own, manage, monitor, inspect, police, or insure any public meetup location, police department parking lot, commercial establishment, or private property nationwide. You assume all personal safety and property risks when meeting other users offline. Never conduct meetups in secluded areas or private residences, and never bring cash into unfamiliar environments.
When initiating a purchase through Stripe checkout, you represent and warrant that you are authorized to use the designated payment method. You agree to pay all stated amounts, including item price, applicable shipping fees, and statutory sales tax calculated at checkout.
Prohibition on Fraudulent Chargebacks:Initiating bad-faith, unauthorized, or fraudulent credit card chargebacks (“friendly fraud”) after taking receipt of merchandise constitutes a material breach of contract and a potential violation of federal wire fraud and state commercial fraud statutes. ListMint and its sellers reserve the full right to contest improper chargebacks with carrier tracking evidence, GPS coordinates, and audit logs, and to recover all dispute fees (including Stripe dispute surcharges of $15.00–$25.00), legal expenses, and collection costs.
For shipped transactions, buyers have a strict forty-eight (48) hour inspection window from the verified carrier delivery timestamp to inspect the merchandise.
If an item arrives significantly not as described (SNAD)—such as undisclosed structural defects, wrong item shipped, or verified counterfeit—the buyer must submit a formal dispute with unboxing photos, packaging photos, and clear defect descriptions through in-app support within the 48-hour window before seller payout release.
Irrevocable Final Acceptance: Failure to open a dispute within forty-eight (48) hours of carrier delivery confirmation constitutes irrevocable, binding final acceptance of the item, whereupon transaction funds are released to the seller and return rights are permanently extinguished.
Specific legal terms governing listing credits, AI photo studios, MeritSKU™ algorithms, and BidBolt clearance auctions.
Listing credits purchased on ListMint represent limited, revocable, non-transferable digital licenses to utilize proprietary cataloging, AI vision compute, and listing synchronization services. Credits hold no cash value, accrue no interest, and do not constitute a bank or depository account. All credit purchases are final and non-refundable, except where strictly required by applicable state or federal law.
ListMint utilizes third-party image processing technologies, including PhotoRoom background removal and Google Cloud Gemini Vision API. By uploading photos, you grant ListMint and its processing sub-processors a non-exclusive license to analyze, transform, crop, and display the imagery. You warrant that you own or hold commercial copyright to all uploaded photographs.
MeritSKU™ provides estimated market resale values, historical comp aggregations, and projected margins based on algorithmic heuristics and third-party data feeds. MeritSKU™ output is for informational estimation purposes only. ListMint makes no guarantee or warranty that any item will sell for the estimated price, within a specific timeframe, or achieve any profitability margin.
BidBolt auctions operate as binding, unreserved clearance events starting at $1.00 USD. When a buyer places a bid on a BidBolt listing, the bid constitutes a legally binding and irrevocable offer to purchase the item. If the buyer is the winning bidder upon auction expiration, the buyer's default payment method is automatically charged for the winning bid plus calculated shipping.
State-specific statutory notices, consumer affairs contacts, and regulatory disclosures for nationwide buyers and sellers.
California Residents (Cal. Civ. Code § 1789.3 & CCPA/CPRA):
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. For privacy rights under the California Consumer Privacy Act (CCPA/CPRA), please consult Section 8 of our Privacy Policy.
New York Residents (NY General Business Law § 349/350):
New York users maintain statutory protections against deceptive business practices and false advertising pursuant to New York General Business Law §§ 349 and 350. Any non-waivable statutory rights under New York state consumer protection statutes are preserved.
Texas Residents (Texas Deceptive Trade Practices-Consumer Protection Act):
Pursuant to the Texas Deceptive Trade Practices-Consumer Protection Act (Tex. Bus. & Com. Code § 17.41 et seq.), consumers retain protections against false, misleading, or deceptive acts. Nothing in these Terms shall be construed as a waiver of consumer rights that are non-waivable under Texas law.
General Multi-State Savings Provision: To the extent that any applicable state consumer protection statute affords non-waivable rights to residents of that state, such provisions shall control solely to the minimum extent required by law, and the remainder of these Terms shall remain enforceable and in full legal effect.
For legal notices, DMCA takedown requests, arbitration demands, or general inquiries regarding these Terms, contact our legal counsel at:
ListMint Legal Department
City of Peoria, Maricopa County, Arizona 85382, USA
Legal Inquiries: [email protected]
DMCA Agent: [email protected]
Customer Support: [email protected]