Last Updated: April 14, 2026
Archive Resale, Inc., including its subsidiaries and affiliates ("Archive," "us," "our," or "we") is a technology platform that enables the resale, purchase, trade-in, and circular commerce of pre-owned merchandise ("Products") through branded resale marketplaces operated by Archive on behalf of our brand partners ("Brand Partner(s)") (each such marketplace, a "Marketplace"). These Terms of Use ("Terms") form a legally binding agreement between you and Archive governing your access to and use of our website(s), Marketplaces, applications, and any other tools, services, features, functionality, or content made available through the foregoing (collectively, the "Services").
These Terms, together with our Privacy Policy located at https://yardsale.gunner.com/privacy govern your access to and use of the Services. We may display additional terms and conditions when you access specific features. You are responsible for regularly reviewing these Terms. We may update or amend these Terms from time to time, and such changes will be effective upon posting on the Services. Your continued access and use of the Services following such posting constitutes your consent to be bound by any amended Terms. If there is a conflict between these Terms and any feature-specific terms, the feature-specific terms control. All such terms are incorporated into these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ARCHIVE. SECTION 29 OF THESE TERMS INCLUDES A MANDATORY ARBITRATION REQUIREMENT, A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
By accessing or using the Services, you represent and warrant that: (a) you are of legal age to form a binding contract; (b) you have the authority to enter into these Terms; and (c) if you are accessing or using the Services on behalf of a company, organization, or other entity, you have the authority to bind that entity to these Terms.
Depending on the features available on a particular Marketplace, you may be able to:
(a) purchase Products listed for sale on the Marketplace;
(b) list and sell Products through a peer-to-peer Marketplace;
(c) purchase Products listed for sale directly by a Brand Partner; or
(d) submit Products to a Brand Partner's takeback or trade-in program.
As used in these Terms, "Products" means products offered for resale by a Seller through the Service. "Seller" means a user who lists and sells Products through a Marketplace. "Buyer" means a user who purchases Products through a Marketplace. A user may be both a Buyer and a Seller at different times.
You acknowledge that Archive operates the technology platform, and Archive is not a Buyer or Seller, or otherwise a party to a Marketplace transaction.
The Services are not intended for or directed toward children under the age of 13, and you may not use the Services if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Services only with the consent of a parent or guardian who agrees to be bound by these Terms. You must be at least 18 years of age to buy or sell Products, withdraw earnings, or participate in any takeback or trade-in program. If you are a parent or guardian who consents to a minor's use of the Services, you agree to be bound by these Terms with respect to that minor's use and are responsible for all activity on the minor's account.
Registration. To access certain features of the Services, you must create an account. You must provide accurate and complete information and may not provide false information or impersonate any person or entity. Archive reserves the right to verify your account information at any time. Failure to provide requested verification may result in suspension or termination of your account.
Security. You are responsible for all activity under your account, whether or not authorized by you. You must maintain the confidentiality of your password and account credentials and must not share your login credentials or allow any other person to access your account. To sell Products or withdraw earnings, you must provide and maintain valid payment information. You agree to notify Archive immediately of any unauthorized use of your account or breach of security. Archive is entitled to act on instructions received through your account credentials and will not be liable for any loss or damage arising from unauthorized access to your account.
Termination Requests. You may request termination of your account at any time by contacting gunner@archiveresale.co. Account termination does not automatically delete your User Content or relieve you of any obligations incurred prior to termination, including pending transactions, outstanding fees, or indemnification obligations. Archive may retain information associated with your account as required by law, for fraud prevention, or as otherwise described in our Privacy Policy.
Your use of the Services is subject to Archive's Privacy Policy located at https://yardsale.gunner.com/privacy, which describes how we collect, use, share, and process information about you.
User Content and Posts. You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials ("User Content") that you upload, post, publish, transmit, or display ("Post") via the Services. Any User Content you upload is not considered confidential by Archive, will be treated as public information, and you agree and understand is intended to be shared with other users of our Services as well as third parties, and Archive has no control or liability over what other users do with your User Content.
Representations and Warranties. By posting User Content on or through the Services, you represent and warrant that: (i) you own the User Content and have the right to use the User Content and the right to grant us the rights as provided in these Terms; (ii) the posting of User Content on or through the Services does not violate law or regulation, or the privacy rights, publicity rights, contract rights, intellectual property rights, or any other rights of any person; (iii) the User Content is not defamatory, does not constitute trade libel or product disparagement, is not unlawfully threatening or harassing, does not contain hate speech, and is not obscene and does not contain pornography; (iv) the User Content does not contain any false, inaccurate, or misleading statements or information; and (v) the User Content does not contain any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
License Grant. By posting or otherwise transmitting any User Content, you hereby grant to Archive and its affiliates a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable right and license to copy, display, publicly perform, publicly display, transmit, distribute, store, modify, adapt, translate, make derivative works of, and otherwise use and exploit your User Content in whole or in part, in connection with the operation and improvement of the Services, the development of new products and services, and the promotion, advertising, or marketing of the Services or Brand Partners, in any form, medium, or technology now known or later developed, without further notice to or consent from you and without compensation or attribution.
Removal and Moderation. Archive may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Services, your User Content, Posts, or user conduct, including preservation of such information for investigative purposes. We may refuse to accept or display User Content and may remove or delete all or any portion of the User Content at any time. You understand that Archive is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to such User Content. We are not under any obligation to review any User Content posted by users on the Services, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of these Terms or any applicable law.
In connection with your access to or use of the Services, you will at all times comply with these Terms and applicable law, rule, and regulation. Without limiting the foregoing, you will not do or attempt to do any of the following:
engage in fraud, deception, or misrepresentation of any kind;
provide false, misleading, or inaccurate information;
post, transmit, or share any content that is unlawful, harmful, violent, infringing on third-party rights, objectionable, pornographic, libelous, invasive of privacy, or that encourage money laundering, gambling, or any other illegal activity;
engage in off-platform transactions, solicit or share personal contact information for purposes of transacting outside the Services;
impersonate any person or entity or misrepresent your identity or affiliation;
manipulate transactions, prices, feedback, or ratings;
send spam, unsolicited messages, or commercial solicitations to other users;
stalk, harass, bully, threaten, or intimidate any person;
solicit personal information from anyone, especially minors, or pose a privacy or security risk to any person;
engage in hate speech or discriminatory conduct based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic;
violate any applicable law, rule, or regulation, including any anti-spam, data privacy, or other restriction applicable to your use of the Services;
sell or transmit anything you do not have a right to sell or transmit;
copy, scrape, harvest, or use automated systems to collect information from the Services for use outside of the purposes intended by these Terms;
reverse engineer, decompile, disassemble, or create derivative works of any part of the Services;
interfere with or disrupt the Services, servers, or networks, transmit viruses, worms, or malicious code, put unreasonable load on the Services infrastructure, or attempt to gain unauthorized access to any accounts, systems, or data;
engage in conduct that is abusive, offensive, or harmful to the community;
"frame," "mirror," or otherwise incorporate any part of the Services into any other website, application, or service without Archive's prior written authorization;
use meta tags, hidden text, or other devices containing any reference to Archive, any Brand Partner, or their respective trademarks to direct any person to any other website or service;
link directly or indirectly to the Services from any other website without Archive's prior written consent;
imply any affiliation with, or endorsement or sponsorship by, Archive or any Brand Partner, or cause confusion, mistake, or deception in connection therewith;
access or use the Services, or any information obtained therefrom, for competitive purposes, to build or support a competing product or service, to benchmark or conduct competitive analysis, or to provide information to any competitor of Archive or any Brand Partner;
share, disclose, or provide access to any non-public features, functionality, pricing, data, or other information obtained from the Services to any third party for any competitive or commercial purpose; or
use the Services for any commercial purpose not expressly authorized by Archive; or
cause, encourage, or assist any third party to engage in any of the restricted activities described in this section.
Ownership and Right to Use. Subject to your compliance with these Terms, Archive grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for personal use. All rights not expressly granted are reserved by Archive. No right, title, or interest in or to the Services or any Platform Content is transferred to you. All materials on the Services, excluding User Content, and including text, designs, trademarks, logos, images, videos, graphics, software, and compilations (collectively, "Platform Content"), are the exclusive property of Archive, our licensors, contributors, or Brand Partners, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws, whether or not registered. All rights in and to Platform Content not expressly granted in these Terms are reserved by Archive. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any Platform Content without Archive's prior written consent. No right, title, or interest in or to the Services or any Platform Content is transferred to you, and Archive reserves all rights not expressly granted.
Feedback. "Feedback" means any comments, suggestions, ideas, or other information you submit to Archive relating to the Services or Archive's business. By submitting Feedback, you irrevocably assign to Archive all right, title, and interest in the Feedback, including all intellectual property rights. To the extent any rights cannot be assigned, you grant Archive an exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to use the Feedback without restriction. You waive any moral rights in the Feedback. Archive has no obligation to hold Feedback in confidence or to compensate you for it.
Copyright (DMCA). If you believe that content on the Services infringes your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) containing: (i) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and its location on the Services, including URLs or other information sufficient for Archive to locate the material; (iv) your name, address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Trademark and Other Intellectual Property. If you believe a listing infringes your trademark or other intellectual property rights, please provide Archive with a written notice containing: (i) identification of the intellectual property right claimed to be infringed, including registration details where applicable; (ii) a description of the material you claim is infringing and its location on the Services; (iii) your contact information; and (iv) a statement that you have a good-faith belief that the use is not authorized by the intellectual property owner, its agent, or the law.
Procedure. All notices should be sent to gunner@archiveresale.co. Archive may remove or disable access to material that is the subject of a takedown notice without prior notice, in its sole discretion. Archive is not obligated to adjudicate intellectual property disputes between users or between users and third parties. Archive may terminate the accounts of users who are repeat infringers or who repeatedly list Products that are the subject of takedown notices.
The Services may contain links to third-party websites or content. These links are for convenience only and subject to the terms, conditions, and policies of the applicable third party. Archive does not review or monitor linked sites and makes no representations about them. You access linked sites at your own risk. Archive is not responsible for third-party content or services and disclaims all liability for damages arising from your access to such sites. Links do not imply endorsement.
All payments are processed by Archive's third-party payment processor, currently Stripe, and are subject to the Stripe Terms of Service (available at https://stripe.com/legal). Archive does not hold, custody, or control any funds; all funds are held and disbursed by the payment processor. By submitting payment information, you authorize Archive and its payment processor to charge you for any Products purchased. Archive may change its payment processor at any time, and your continued use of the Services constitutes acceptance of the successor processor's terms. Charges may appear on your payment statement as processed by Archive or its payment processor; this does not make Archive the seller of record for any transaction between Buyer and Seller.
This section applies when you buy or sell Products through a Marketplace.
Registration is free. For individual Sellers, when you sell a Product through a Marketplace and elect to receive cash proceeds, a commission will be applied from the Brand Partner and deducted from the purchase price. A commission may also apply where you elect store credit. Commission rates vary by Marketplace and will be displayed to you before you set a listing price, and the amount confirmed when you set your payout method. The commission includes a prepaid shipping label, payment processing, and customer support. Sales tax is calculated and, where required, collected and remitted on Seller's behalf pursuant to Section 19. Archive may cancel any promotion or discount before its stated expiration. For new services, fees are effective at launch. All fees are in US Dollars. You are responsible for paying all fees and applicable taxes with a valid payment method. If your account is suspended or terminated, or payment cannot be completed, you remain liable for all unpaid fees. Past-due accounts may result in suspension, termination, and collection efforts. Fee disputes must be submitted to gunner@archiveresale.co.
This section applies when you buy or sell Products through a Marketplace.
Prohibited Products. Archive only allows the sale of Products permitted by the relevant Brand Partner. Products that are not searchable through the Brand Partner's database may not be sold unless otherwise specified by the Brand Partner. The following Products are strictly prohibited and may not be listed or sold through the Services: (i) counterfeit, replica, or unauthorized Products; (ii) stolen or fraudulently obtained Products; (iii) Products subject to active recalls or safety alerts; (iv) Products that are illegal to sell in the applicable jurisdiction; (v) Products containing hazardous materials; (vi) Products that infringe third-party intellectual property rights; (vii) Products that have been materially altered in a way that affects safety or authenticity; and (viii) any other Products that Archive determines, in its sole and absolute discretion, are inappropriate for sale on the Services.
Safety Recalls. Before listing or purchasing a Product, you are encouraged to check whether the Product has been recalled by visiting the U.S. Consumer Product Safety Commission at www.cpsc.gov/recalls. For questions about a specific Product's recall status or any available remediation, contact the applicable Brand Partner directly. This information is provided for reference only and does not constitute advice or a recommendation. Archive does not monitor, verify, or guarantee the recall status of any Product and assumes no responsibility for ensuring that Products listed on the Services are not subject to recalls or safety alerts.
This section applies to individual Sellers on a Marketplace.
Assumption of Risk. You, as a Seller, assume all risks associated with selling Products through the Services, including the risk of non-payment, chargebacks, disputes, fraudulent Buyers, and any loss, damage, or liability arising from your transactions.
Representations and Warranties. In addition to any other representations and warranties under these Terms, you represent and warrant that: (i) you are the lawful owner of each Product or are authorized by the owner to sell it; (ii) each Product is authentic and not counterfeit, replica, or unauthorized; (iii) each Product is accurately described as to its condition, including any defects, damage, wear, alterations, or missing components; (iv) each Product is not subject to any active recall, safety alert, or regulatory action; (v) each Product complies with all applicable laws and is legal to sell in the applicable jurisdiction; (vi) you will not list Products that are stolen, fraudulently obtained, or encumbered by any lien or security interest; and (vii) all photos you provide accurately depict the actual Product being sold.
Non-Commercial Use. The Services are intended for individual, non-commercial use only. You may not use the Services as a wholesaler, retailer, drop-shipper, consignment business, or commercial reseller.
Listing Requirements. You are solely responsible for the accuracy and completeness of your listings. All listings must (i) accurately describe the Product, including brand, size, color, condition, and any defects or damage; (ii) include actual photographs of the specific item being sold; and (iii) disclose all material information about the Product's condition. Archive reserves the right to limit the number of listings, transactions, or total sales volume per account. Archive may remove or modify any listing at any time without notice.
Pricing. You must set fair and accurate prices for your Products within any parameters established by the applicable Marketplace. You will not: (i) manipulate prices or engage in any form of price fixing; (ii) engage in any activity designed to avoid Archive's fees or commissions; or (iii) coordinate with other users to artificially inflate or deflate prices. Archive may adjust, remove, or refuse to publish any listing at any time and for any reason in its sole discretion.
Authenticity Verification. Archive and its Brand Partners may verify the authenticity and condition of any Product at any time. If a Product is suspected to be counterfeit, replica, or materially misrepresented, Archive may take any action permitted under these Terms.
Buyer Information. When you use the Services to sell Products, you may receive personal information about Buyers, including names, email addresses, and shipping addresses. You may use this information solely for the purpose of fulfilling the applicable transaction (e.g., shipping the Product). You may not use, disclose, store, or share Buyer information for any other purpose.
High-Volume Selling. If you sell Products regularly or in significant volume, you may be classified as a business or sole proprietor under applicable tax or regulatory law. You are solely responsible for determining whether your selling activity triggers any such classification and for complying with all obligations arising from that status, including registration, reporting, and tax requirements. Archive disclaims any liability in this respect.
This section applies when you purchase Products through a Marketplace.
Assumption of Risk. Buyer assumes all risks associated with selling Products through the Services, including the risk of non-payment, chargebacks, disputes, and any loss, damage, or liability arising from your transactions. Buyer is solely responsible for reviewing the Product listing, including all descriptions, photos, and condition information, before purchasing. The contract to purchase is between Buyer and Seller; Archive is not a party to the transaction. Archive does not physically inspect Products listed for sale (except where expressly indicated) and is not responsible for any Product flaws, defects, or description inaccuracies.
Purchase and Payment. Once Buyer selects the purchase option or Buyer's offer is accepted by Seller, it constitutes a binding contract between Buyer and Seller. Buyer must remit payment to Archive for the full purchase price and any applicable taxes and other fees. All purchases are final with no returns, refunds, or cancellations except as provided in Section 18. Once Buyer confirms receipt and acceptance (either by affirmatively notifying Archive or by failing to report an issue within three (3) days of delivery as set forth in Section 18), Archive will credit Seller's account with the purchase price, minus taxes and applicable fees.
This section applies when you buy or sell Products through a Marketplace.
Title to Products transfers to Buyer upon shipment. Risk of loss transfers to Buyer upon delivery to the carrier. Archive will provide Seller with a prepaid shipping label. Seller must ship within six (6) business days of sale. If Seller fails to ship within this period, Buyer may elect to cancel the order and receive a full refund. Seller must use the prepaid shipping label provided by Archive for the applicable item and must comply with all carrier terms and conditions. Seller is solely responsible for the contents of the parcel and for any carrier penalties, overage charges, or fees resulting from overweight, oversized, or improperly packaged items. Archive may discontinue providing shipping labels to any user at any time.
Delivery is deemed complete upon carrier confirmation of delivery to that address. Archive is not responsible for any claims, costs, losses, or delays arising from a failed delivery, including where a package is lost, stolen, misdelivered, or otherwise marked as delivered but not received by the Buyer. Buyer is responsible for providing an accurate shipping address and for being available to accept delivery. Buyer may not use a freight forwarding address or similar intermediary shipping address. If Archive determines, in its sole discretion, that a shipping address is a freight forwarding or intermediary address, Archive may cancel the order, withhold delivery, or take any other action permitted under these Terms. If a package is returned to Seller by the carrier due to Buyer's failure to accept delivery, an incorrect or incomplete address provided by Buyer, refusal of delivery, or unclaimed status after all carrier delivery attempts have been exhausted, the order will be automatically cancelled. Buyer will receive a refund of the purchase price, minus the original shipping cost and any carrier-assessed return fees. If Seller has already been paid, the applicable amount will be deducted from Seller's account balance or offset against future earnings. Title to the Product reverts to Seller upon cancellation.
This section applies where a Marketplace permits local pickup in lieu of shipping.
Pickup Logistics and Risk of Loss. Where local pickup is elected, Buyer and Seller are solely responsible for arranging pickup logistics. Risk of loss transfers to Buyer when Seller makes the Product available for pickup at the agreed location. Title transfers upon Buyer taking physical possession. Buyer must mark the transaction as complete in the Services promptly after pickup. If the transaction is not marked as complete within thirty (30) days of the scheduled pickup date, Archive will treat the transaction as completed and release payment to Seller. This determination is final and binding regardless of whether Buyer has taken physical possession of the Product. Neither Archive nor any Brand Partner is involved in physical pickup or handoff and are not responsible for coordinating, facilitating, or supervising any aspect of the pickup process. Archive and Brand Partners shall have no liability whatsoever arising from or related to local pickup, including without limitation any theft, loss, damage, personal injury, or property damage occurring during or in connection with the pickup process.
Safety Guidelines. Archive may provide safety tips or guidelines for in-person meetups. Any such information is provided for informational purposes only and does not create any duty, obligation, or responsibility on Archive's part to ensure user safety. Archive does not verify users, conduct background checks, or supervise meetups. If you choose to meet another user in person, you should: (i) meet in a well-lit, safe location with other people present; (ii) meet during daylight hours when possible; (iii) tell someone you trust where you are going; (iv) bring a friend or family member; (v) communicate through the Services rather than sharing personal contact information; (vi) inspect items carefully before completing the transaction; (vii) decline last-minute requests to change the meeting location; and (viii) trust your instincts; if something feels unsafe, leave immediately. In case of emergency, call 911. These guidelines are not exhaustive, and Archive assumes no liability for any in-person interactions between users.
This section applies to Sellers on a Marketplace.
To withdraw earnings, Seller may be required to verify identity. This information is transmitted securely to Archive's third-party payment processor and is not stored by Archive. Archive may hold Seller earnings for up to twenty-one (21) days after delivery to the Buyer, as determined by carrier tracking information. Earnings will be available after the holding period (typically within 7 days), except where a return is requested or a dispute is pending. Archive may extend the holding period as necessary to resolve any issue. Archive strictly prohibits replica and misrepresented Products and may withhold Seller earnings indefinitely where Archive suspects, in its sole discretion, that such a Product has been listed or sold. Archive may report transaction information to tax authorities and issue tax forms (including IRS Form 1099-K) as required by law. Seller is solely responsible for all tax obligations arising from use of the Services.
This section applies to Marketplace transactions.
Returns Policy. All sales are final. Returns are permitted only where: (i) the Product is materially not as described (including material differences in size, condition, or color); (ii) the Product fails authentication; (iii) the Product is damaged in transit; or (iv) the Product is otherwise materially misrepresented.
Reporting Window. Buyer must report any Product issue to gunner@archiveresale.co within three (3) calendar days after delivery (as determined by carrier tracking information). Failure to report within this period constitutes acceptance of the Product and waiver of all claims related to the Product's condition or description.
Determination and Refund. Archive has sole, final, and binding authority to determine whether a Product was accurately described and whether a return or refund is warranted. Buyer and Seller agree to accept and abide by Archive's determination. If Archive determines that a refund is warranted, the Buyer will be refunded the purchase price, and the refund amount will be deducted from Seller's account balance or offset against future earnings.
Return Shipping. In the event of an approved return, Buyer must return the Product using only the prepaid shipping label provided by Archive. Unauthorized returns (including returns without Archive approval or using a different shipping method) are not eligible for refund. Buyers are responsible for any return shipping costs except where a return is approved under this section.
Returned Products. When a Product is returned due to misrepresentation, it will be sent to the Seller's designated shipping address and the Seller will not be paid. If the shipping address on file is outdated or incorrect and Seller has not responded to Archive's attempts to contact Seller via the account email, the Product will be deemed abandoned after thirty (30) days and may be donated or disposed of at Archive's discretion. If after Seller has been paid, Archive identifies or reasonably suspects a replica, a misrepresented Product, or a Product that otherwise should not have been listed or sold on the Marketplace Seller shall repay such amounts to Archive, and Archive may recover such amounts from Seller, including without limitation by offsetting against any future payouts owed to Seller.
Chargebacks. If a Buyer initiates a chargeback, payment dispute, or claim with any bank, credit card company, or payment provider ("Chargeback"), Archive will manage the dispute through its payment processor. Where Archive determines, in its sole discretion, that the Chargeback resulted from Seller's breach of these Terms (including misrepresentation, failure to ship, or listing of counterfeit or prohibited Products), Seller is responsible for the full amount of such Chargeback, plus any fees, fines, or costs assessed by the payment processor, and Archive may deduct such amounts from Seller's account balance. If Seller's account balance and future earnings are insufficient to cover the full amount owed, Seller remains liable for the outstanding balance, which Archive may pursue through any means available under these Terms or applicable law.
Brand Partner Returns. Where a Brand Partner is the Seller, additional return or exchange policies may apply. Such policies will be displayed on the applicable Marketplace or listing page and govern returns for purchases made through that Marketplace.
This section applies to Marketplace transactions.
Products may be subject to applicable taxes, which Archive will collect from Buyers and, where legally required, remit to taxing authorities on behalf of Sellers. Taxes are not included in listed prices but will be displayed before purchase confirmation. You authorize Archive and its payment processor to share information related to your transactions, including purchase amounts, with tax authorities and to issue tax reporting forms (including IRS Form 1099-K) as required by applicable law. Although Archive may collect and remit taxes, Seller is ultimately responsible for verifying and reporting all applicable taxes, including in instances where Archive does not collect on Seller's behalf.
This section applies when you convert Marketplace sale earnings to store credit.
If you convert sale earnings to store credit with a Brand Partner, you authorize Archive to share your information with that Brand Partner and its third-party store credit provider. The Brand Partner's and Archive's Privacy Policies apply. See Section 22 for additional store credit terms.
This section applies when you participate in a Brand Partner's takeback or trade-in program.
Program Overview. Archive provides the technology platform for takeback and trade-in programs operated by Brand Partners, including Archive's online submission portal (the "Takeback Portal"), software, shipping labels, and customer support. To participate, you must submit all required Product information through the Takeback Portal, including Product details, condition descriptions, and photos. Any preliminary credit estimate you receive is non-binding and subject to change based on physical inspection by the designated logistics provider. Archive is not responsible for store credit issuance by a Brand Partner, logistics provider determinations, or any Brand Partner obligations.
Inspection and Credit Determination. The designated logistics provider is responsible for the physical inspection, authentication, and grading of all submitted Products. Archive determines the store credit value, if any, through its software platform based on information provided by the logistics provider. Archive is not responsible for the logistics provider's inspection, handling, decisions, or errors or omissions by the logistics provider.
The final credit amount may differ significantly from any preliminary estimate and may be zero. Grounds for rejection or zero credit include: (i) Product does not match your submitted description; (ii) Product is in worse condition than represented; (iii) Product is counterfeit, replica, or unauthorized; (iv) Product is not from the applicable Brand Partner; or (v) Product fails authentication or verification; (vi) Product does not meet program requirements.
Rejected Products and Final Sale. Products may be rejected for any reason based on Archive's software determinations. All physical handling, storage, return, and disposal are performed solely by the logistics provider, not Archive. If your Product is rejected, the logistics provider may return it at your expense or dispose of it in accordance with the applicable Brand Partner's program terms. You will be contacted and provided more information regarding return or disposal options for rejected Products; however, if you do not request return within the timeframe provided to you in a rejection notice, the Product may be donated, recycled, or otherwise disposed of at the Brand Partner's or logistics provider's discretion. Archive has no obligation to instruct the logistics provider to hold rejected Products and disclaims all liability for the handling or disposal of rejected Products. Once a Product is accepted and store credit issued, the transaction is final and irrevocable; you have no right to request return, cancellation, or modification. Title to accepted Products transfers permanently to the Brand Partner or its designee.
Your Representations and Warranties. In addition to any other representations and warranties under these Terms, by submitting any Product to a takeback program, you represent and warrant that: (i) you are the lawful owner of the Product with full right to transfer title; (ii) the Product is authentic, genuine, and not counterfeit or replica; (iii) the Product is not stolen and is free of any liens, claims, or encumbrances; and (iv) you have complied with all applicable laws. These representations and warranties survive completion of the takeback transaction.
This section applies when you receive or redeem Store Credits or gift cards in connection with the Services, whether through the Marketplace or a takeback program.
Store Credits, gift cards, and similar credits ("Store Credits") issued by the applicable Brand Partner are subject that Brand Partner's terms and conditions.. Archive acts only as a technology facilitator and has no liability for Store Credit issuance, values, redemption, or management. Store Credits have no cash value, are non-transferable, cannot be sold or converted to cash, and any attempted transfer is void and may result in forfeiture. Store Credits may only be redeemed through Brand Partner channels and may expire per the Brand Partner's terms, except where state law prohibits the expiration of stored-value instruments. You are responsible for safeguarding Store Credit information. Archive is not liable for lost, stolen, unauthorized use, or expired credits.
In limited circumstances, Archive may issue Store Credits directly (e.g., as a courtesy or error correction). Any such Archive-issued Store Credits are subject to the dispute resolution provisions of Section 29 of these Terms, and Archive's liability for such credits shall not exceed the face value of the credit issued.
You are prohibited from engaging in fraudulent, deceptive, or illegal activity. Examples of prohibited conduct include:
identity fraud (fake accounts, impersonation, false identity);
payment fraud (stolen cards, invalid payments, chargeback fraud);
listing fraud (fake listings, misrepresenting condition or authenticity, listing Products you do not own);
transaction manipulation (wash trading, price inflation, coordinated trading); or
system manipulation (multiple accounts, bots, exploiting vulnerabilities).
Investigation. Archive may investigate and may immediately suspend or terminate your account without notice if Archive suspects fraud, policy violations, or risk to the Services or others. Archive may review transactions, require verification, share information with law enforcement, regulators, payment processors, and Brand Partners, and take any other appropriate action. Archive reserves the right to delay, hold, reverse, or cancel any transaction for fraud detection, user protection, legal compliance, or any other reason in Archive's sole discretion, without liability to any party. You must cooperate fully with any investigation and refrain from destroying or concealing relevant evidence. Archive's fraud prevention measures are implemented solely for Archive's benefit and do not create any duty to users to detect or prevent fraud.
Fund Holds and Forfeiture. If Archive believes, in its sole discretion, that you have engaged in fraudulent, deceptive, or illegal activity, Archive may instruct its payment processor to delay fund release pending resolution of Buyer-Seller disputes, suspected fraud or policy violations, chargebacks or payment disputes, law enforcement or regulatory investigations, court orders or legal process, or any other circumstance Archive deems necessary to protect Archive, users, or Brand Partners. Funds held do not accrue interest. If Archive determines you engaged in fraud or material violation of these Terms, you forfeit all funds, payouts, credits, and benefits. Forfeited amounts may compensate harmed parties or offset Archive's costs, losses, or damages.
Archive may, in its sole discretion and without notice: (a) suspend or terminate your account or access to the Services; (b) remove or restrict listings, User Content, or other content; (c) cancel transactions; (d) withhold payouts or credits; (e) revoke any account benefits or privileges; or (f) take any other action Archive deems appropriate. Archive may act if you violate these Terms, your conduct harms Archive or others, your account is inactive, or as necessary to protect Archive's interests or comply with law. If your account is suspended, disabled, or terminated, any pending transactions may be canceled and any funds, credits, or benefits associated with your account may be forfeited in accordance with Section 23. You are not entitled to restoration of your account or any of your User Content. If your access to the Services has been limited or suspended, or your account has been terminated by Archive, you may not register a new account or access or use the Services through an account of another user. You will remain personally liable for any orders placed, charges incurred, or other liabilities arising prior to termination.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHIVE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARCHIVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT YOU WILL BE ABLE TO BUY OR SELL ANY PRODUCTS. ARCHIVE MAKES NO GUARANTEES REGARDING THE AUTHENTICITY, QUALITY, SAFETY, LEGALITY, OR CONDITION OF ANY PRODUCTS, THE ACCURACY OF ANY LISTINGS, OR THE ABILITY OF USERS TO COMPLETE TRANSACTIONS. ARCHIVE DOES NOT WARRANT THAT FRAUD WILL NOT OCCUR; ANY FRAUD PREVENTION MEASURES ARE FOR ARCHIVE'S BENEFIT ONLY. ARCHIVE HAS NO DUTY TO VERIFY USERS, SCREEN FOR CRIMINAL HISTORY, OR PROTECT USER SAFETY; ANY SAFETY INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. ARCHIVE MAKES NO REPRESENTATIONS REGARDING STORE CREDITS. WHERE STATE LAW PROHIBITS THESE LIMITATIONS, SOME MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARCHIVE NOR ITS AFFILIATES, BRAND PARTNERS, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING FROM (I) THESE TERMS, (II) USE OF OR INABILITY TO USE THE SERVICE, (III) ANY INTERACTIONS WITH OTHER USERS, (IV) ANY PURCHASE, SALE, OR TRADE-IN, OR (V) ANY LISTING OR TRANSACTION. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER ANY CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCHIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ARCHIVE'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) FEES PAID TO ARCHIVE IN THE SIX (6) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND ARCHIVE. THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. OUR SERVICE PROVIDERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THESE TERMS. UNLESS SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW, YOU MAY NOT BRING ANY CLAIM UNDER THESE TERMS MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ARCHIVE AND ITS AFFILIATES, BRAND PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, ACTUAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ANY TRANSACTION ON THE SERVICES, ANY INTERACTION WITH OTHER USERS, OR ANY PRODUCTS PURCHASED, SOLD, OR SUBMITTED THROUGH THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "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." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
You agree to release, defend, indemnify and hold Archive, our affiliates, Brand Partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from: (a) your use of the Services or Products, including any in-person interaction with another user; (b) any User Content you create, post, or transmit through the Services; (c) any violation of these Terms by you, including any fraudulent, deceptive, or illegal activity; (d) any chargeback, payment dispute, or claim initiated by you or on your behalf; (e) any claim that Products you listed or submitted were stolen, counterfeit, or subject to third-party rights, or any personal injury or property damage caused by such Products; or (f) any other third-party claims arising from your use of the Services. We shall control the defense of any indemnified matter through counsel of our choice. You agree to cooperate fully with Archive in the defense of any indemnified matter and to provide all information and assistance reasonably requested by Archive. You shall not settle, compromise, or consent to any judgment in any indemnified matter without Archive's prior written consent.
Archive strives to resolve issues quickly and informally. If you have any concerns, we strongly encourage you to contact us at gunner@archiveresale.co before initiating any formal process.
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD.
THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.
THIS SECTION APPLIES TO ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND ARCHIVE ("CLAIM"), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT EITHER PARTY WISHES TO SEEK LEGAL RECOURSE FOR AND THAT ARISES FROM OR RELATES TO THESE TERMS, THE SERVICES, OR ANY PRIVACY OR DATA-SECURITY CLAIMS, INCLUDING CLAIMS RELATED TO THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THE ARBITRATION REQUIREMENT OR ANY PORTION OF IT, INCLUDING BUT NOT LIMITED TO: (A) CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT; (B) CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND (C) CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.
Notwithstanding the foregoing: (i) if you in any manner violated Archive's or any Brand Partner's intellectual property rights, Archive may bring suit in any state or federal court in the State of New York; (ii) Archive may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent imminent or ongoing harm, including claims involving fraud, unauthorized access, data security, or threatened injury to Archive, Brand Partners, or other users, without first submitting to arbitration; and (iii) either you or Archive may bring a Claim in small claims court consistent with the jurisdictional and dollar limits that may apply.
Mandatory Informal Dispute Resolution; Pre-Dispute Notice. At least thirty (30) days prior to initiating any proceeding, the initiating party must send the other party a written notice ("Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution. You must send Pre-Dispute Notices to legal@archiveresale.co with the subject line "Pre-Dispute Notice." Archive will send notices to the email associated with your account. A Pre-Dispute Notice must include: the date, your name, mailing address, account email, a brief description of the Claim, and the relief sought. If unresolved after thirty (30) days, either party may initiate a Claim. Compliance with this Informal Resolution Process is a condition precedent to commencing a Claim, provided that this requirement shall not apply to: (i) any Claim by Archive alleging infringement, misappropriation, or violation of Archive's or any Brand Partner's intellectual property rights; (ii) any action by Archive seeking injunctive or other equitable relief to prevent imminent or ongoing harm, including Claims involving fraud, claims of unauthorized access, data security, or threatened injury to Archive, Brand Partners, or other users; or (iii) Claims brought in small individual claims court as permitted by this Section
Agreement to Arbitrate. You and Archive agree that any Claim will be resolved by binding individual arbitration, except as expressly provided in this Section 29. The arbitrator has exclusive authority over all threshold issues, including arbitrability, enforceability, and compliance with this Section 29. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified herein. The Federal Arbitration Act governs interpretation and enforcement. If the AAA is unavailable, the parties shall select an alternative forum; if unable to agree, either party may petition a court to appoint an arbitrator under 9 U.S.C. § 5.
Location; Fees. Any required arbitration hearing shall be conducted remotely to the extent allowed by the AAA Rules and as instructed by the arbitrator, and otherwise held in New York County, New York. Claims involving $10,000 or less shall proceed solely on the submission of documents to the arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the rules and service fee schedule of the arbitration provider administering the arbitration. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household.
JURY TRIAL WAIVER. YOU AND ARCHIVE ACKNOWLEDGE AND AGREE THAT BOTH PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
NO CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AND ARCHIVE EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate Claims or preside over any class or representative proceeding. If a court finds the class action waiver unenforceable as to a particular Claim, that Claim only shall proceed in court; all other Claims remain in arbitration. Non-arbitrable Claims shall be stayed pending resolution of arbitrable Claims.
Decision; Sanctions. The arbitrator shall issue a written decision with findings and conclusions. Judgment may be entered in any court with jurisdiction. Relief is limited to the individual Claim; declaratory or injunctive relief may be awarded only to the extent necessary for the claimant's individual Claim. Either party may request sanctions for Claims or defenses that are groundless, frivolous, or brought in bad faith; the arbitrator shall award the requesting party's reasonable attorneys' fees and costs upon such finding.
Severability; Amendment; Survival. If any portion of this Section 29 is deemed unenforceable, it shall be severed and the remainder given full effect; however, if the class action waiver in this Section 29 is found unenforceable as to a particular Claim, this entire Section 29 shall be void as to that Claim only. If Archive amends this Section 29, you may reject the amendment by written notice to gunner@archiveresale.co within 30 days, including your name, mailing address, account email, and an unequivocal opt-out statement; rejection does not revoke prior arbitration agreements. This Section 29 survives termination of these Terms and your account.
The laws of the State of New York will apply to the interpretation of these Terms and any disputes arising out of or relating to these Terms or your use of the Services, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 29 must be brought in state or federal court in New York City, New York, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York City, New York.
Assignment. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Changes to these Terms. We may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Services. You are responsible for regularly reviewing these Terms. Your continued access and use of the Services following such posting constitutes your consent to be bound by any amended Terms.
Entire Agreement; Severability. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and disclosures, these Terms (including any items incorporated by reference) constitute the entire agreement between you and Archive pertaining to your access to or use of the Services and supersede any and all prior oral or written understandings or agreements between you and Archive. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Archive. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 29.8 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word "will" is used in these Terms it connotes an obligation with the same meaning as "shall."
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Archive in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Force Majeure. Archive shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, epidemics or pandemics, labor disputes, supply chain disruptions, internet or telecommunications failures, cyberattacks, government orders, or any other event beyond Archive's reasonable control.
Electronic Communications. By using the Services, you consent to receive electronic communications from Archive (e.g., email, push notifications, texts, or notices posted on the Services). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, including under the federal Electronic Signatures in Global and National Commerce Act and any applicable state laws.
Notices. You agree we will provide notices and messages to you within the Services, or if required, via email to the address associated with your account or by regular mail. You may provide Archive notice to gunner@archiveresale.co and such notice will be deemed provided once received by Archive.
Jurisdiction. The Services are controlled and operated by Archive from the United States and are not intended to subject Archive or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Archive does not represent or warrant that the Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific 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 (916) 445-1254 or (800) 952-5210.
Please contact us with any questions, comments, or to report a violation of these Terms at gunner@archiveresale.co.
