Terms and Conditions

Effective Date: 22 June 2025

Introduction

• 1. WELCOME TO TRAINBID

WE STRIVE TO CREATE A COMMUNITY WHERE ENTHUSIASTS CAN COMFORTABLY CONNECT AND SHARE THEIR PASSION FOR TRAINS, COLLECTIBLES, AND THE HOBBY AS A WHOLE. PLEASE TAKE THE TIME TO CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE TRAINBID.

IMPORTANT: SECTION 18 OF THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ IT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

• 1. ACCEPTANCE OF AGREEMENT

THIS AGREEMENT APPLIES TO ALL THOSE WHO SIGN UP FOR AN ACCOUNT ON THE PLATFORM, WHETHER AS A BUYER OR A SELLER (COLLECTIVELY REFERRED TO AS “USERS,” “YOU,” OR “YOUR”). IF YOU ARE REGISTERING ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND THE ENTITY TO THIS AGREEMENT. BY ACCESSING OR USING THE PLATFORM OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TRAINBID LLC (HEREINAFTER “TRAINBID,” “THE COMPANY,” “WE,” “US,” OR “OUR”). IF YOU DO NOT ACCEPT TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE PLATFORM OR SERVICES.

• 1. OVERVIEW OF THE PLATFORM AND THE SERVICE

Trainbid LLC is a California based limited liability company that operates a digital marketplace connecting Buyers and Sellers in the model trains, wargaming merchandise, collectible toys, and related products space. The Platform provides Services that allows Sellers to list and sell Items directly to interested Buyers.

Trainbid provides Users with a range of integrated service features (collectively, the “Services”) that enable buying and selling of Items through the Platform. These Services include, without limitation: (i) tools for creating and managing Listings; (ii) multiple methods to purchase listed Items (Auctions, Buy Now, Make Offer or Claim It); (iii) communication tools between Users; (iv) the option to purchase Buyer Protection; (v) shipping label services for Sellers; (vi) secure payment processing through Stripe; and (vii) paid Advertisements for Items. Trainbid may update, expand, suspend, or discontinue any of its Services at its sole discretion, with or without notice, in accordance with this Agreement.

Trainbid facilitates these Services via its technology Platform, which includes the website located at www.trainbid.com (the “Site” or “Website”), mobile and desktop applications (the “Apps”), and any application programming interfaces (“APIs”) made available to Users. The Website, Apps and APIs are hereinafter collectively referred to as the “Platform”. The Platform and Services are controlled and operated by Trainbid LLC in accordance with the laws of the United States and the State of California.

• 1. Disclaimer

Trainbid acts solely as a facilitator. We are not a party to any contract between Users and do not serve as a broker, traditional auctioneer, or guarantor. We do not validate the authenticity or accuracy of Listings. All Transactions and interactions are conducted at your own risk, and you are solely responsible for performing any due diligence necessary prior to completing a Transaction. Trainbid makes no guarantees of uninterrupted or error-free service. Please see Section 17, Disclaimer and Limitation of Liability.

• 1. Business Names Notice

Trainbid LLC operates under multiple business and brand names, including “Trainbid”, “Trainbid LLC”, “Train Bid LLC”, “Train Bid”, “Hobbybid”, “Hobby Bid”, “Hobbybid LLC”, and “Hobby Bid LLC”. All references to these names within this Agreement shall be considered interchangeable and shall apply equally to the Platform, Services, and operations provided by Trainbid LLC.

Definitions and Interpretations

• 1. The following words, shall have the meaning given hereunder whenever they appear in this Agreement:

• 1. The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require; and
  2. Any words used in this Agreement but not defined above shall have the respective meanings given to them in these Terms and Conditions.
  3. If this Agreement has been translated into other languages, the English version shall prevail.

Account Registration and Security

• 1. Age and Legal Capacity

You must be at least 18 years of age or the legal age of majority in your jurisdiction (whichever is greater) to register for a User Account. Trainbid reserves the right to request proof of age to confirm compliance. If you are under 18, you may only use the Platform under the active supervision of a parent or legal guardian, who will be deemed the account holder and assumes all responsibility for use.

If you are registering or using the Platform on behalf of a legal entity, you represent that you have the authority to bind that entity to this Agreement.

• 1. Account Registration and Required Information

When creating a User Account, you agree to:

• • 1. Provide accurate, current, and complete information, including a valid email address and mobile phone number; 2. Maintain and update your contact details as needed to ensure deliverability of notices and alerts. Trainbid may use your registered email address to send important notices, including legal and service-related communications; 3. Keep your login credentials secure and confidential.

In addition to the above, Sellers must maintain up-to-date payment, payout, and shipping information to avoid processing delays. Trainbid is not responsible for losses due to outdated or incorrect user data.

• 1. Phone Number Collection and SMS Communication Consent

We collect your mobile phone number for the purpose of identity verification, security communications, and transactional and service-related messaging, including order updates, customer support, and service changes.

• • 1. SMS and Voice Messaging Terms

By providing your phone number to Trainbid during registration, checkout, or support interactions, you expressly consent to receive communications via SMS (text messages) and voice calls from Trainbid and its authorized third-party service providers including but not limited to Twilio Inc., for message delivery and number verification services. These may include:

• • • • Identity verification and account security alerts; - Transaction-related messages; - Customer service communications; - Promotional or marketing content (if you have opted in).

Such messages may be sent using automated technology, autodialers, or prerecorded voice messages, where permitted by law. Trainbid uses third-party providers such as Twilio to send these communications, and such services are used solely to facilitate the delivery and verification of authorized communications. You understand that consent is not a condition of use of Service.

Trainbid may log and store your opt-in timestamp, IP address, and consent mechanism (checkbox or registration field) to maintain proof of compliance. For details on how we handle your data, please review our Privacy Policy.

• • 1. Monitoring, Recording and Retention of Communications

By using Trainbid’s Platform, you expressly consent to Trainbid's ability to monitor, scan, record, and retain any and all communications transmitted via the Platform or to Trainbid representatives. This includes but is not limited to emails and on-Platform messaging. Monitoring may occur without further notice for purposes including:

• • • • Ensuring compliance with Trainbid’s Agreement, - Detecting fraud or prohibited conduct, - Resolving disputes, - Quality assurance, and - Protecting Trainbid’s business and legal interests.

Trainbid’s automated systems may also analyze message content for the above-listed purposes using keyword scanning and behavioral pattern detection. You acknowledge that such monitoring and analysis is necessary for Platform integrity and fraud prevention.

Trainbid reserves the right to retain all communication records, including deleted messages, for as long as deemed necessary to fulfill legal or operational obligations and to comply with applicable law.

You agree to hold Trainbid harmless from any claims arising from message analysis, delayed or filtered communications, or retention of communication records. You further waive any rights or objections under federal or state laws (including the California Invasion of Privacy Act and the Electronic Communications Privacy Act), to the extent permitted by law, relating to the monitoring, recording, or analysis of communications conducted through the Platform.

Your continued use of Trainbid constitutes your explicit, irrevocable consent to these practices. If you do not consent, you must immediately discontinue use of the Platform and its Services.

• • 1. Message Frequency and Charges

Message frequency may vary depending on activity. Standard message and data rates may apply. Trainbid is not responsible for carrier charges or delivery delays.

Trainbid and its messaging providers are not responsible for delayed or undelivered messages, which may be caused by carrier filtering, network availability, or device configuration.

• • 1. Verification and Account Security

You authorize Trainbid to verify your phone number and associate it with your User Account using third-party services and carrier lookup tools. Verification may be required to enable key Platform features such as Transactions, Buyer Protection, or User Account recovery.

• • 1. Regional Compliance - U.S. Users: You waive claims under the Telephone Consumer Protection Act (TCPA) to the fullest extent permitted by law, where you have given prior express consent. - Canadian Users: Trainbid complies with Canada's Anti-Spam Legislation (CASL). You will only receive promotional SMS if you opt in. You may opt out at any time by replying “STOP” or contacting support@trainbid.com. - International Users (U.K., E.U., others): Communications will comply with local laws (PECR and GDPR). Opt-in will be requested for marketing messages, and you may disable SMS by replying “STOP” or emailing us.

       2. Opting Out

You may opt out of promotional messages by replying “STOP” to any SMS. However, essential notifications such as security alerts, purchase confirmations may still be sent unless you delete your User Account or revoke consent by emailing support@trainbid.com.

• • 1. User Account Security and Usage

You are solely responsible for all activity under your User Account. You must:

• Keep credentials private;
• Notify Trainbid immediately of unauthorized use or suspected breach;
• Avoid sharing or transferring User Account access.

User Accounts are non-transferable without written approval. Unauthorized sharing or use may result in suspension or termination.

• 1. Right to Refuse Service

Access to the Platform is a privilege granted at Trainbid’s discretion and not a guaranteed right. Trainbid reserves the right to deny, restrict, suspend, or terminate access to the Platform or specific features, with or without notice, to any User or entity, for any reason or no reason, including but not limited to:

• • 1. Violation of this Agreement; 2. Fraudulent, abusive, or unlawful conduct; 3. Repeated policy violations or legal risk; 4. Inactivity or non-compliance with verification requirements; 5. Offering or promoting competing services that conflict with Trainbid’s business model (online marketplaces targeting the same product categories); 6. Any other conduct deemed harmful to Trainbid, its Users, or its operations.

Trainbid may withhold notice where legal, regulatory, or security concerns apply. Users waive any claim for damages arising from denied access, account restriction, or termination

Platform Usage Guidelines

• 1. Permitted Uses of the Platform

Users may access the Platform to:

• • 1. Create and manage Listings for eligible Items; 2. Purchase Items through Auctions, Buy Now, Make Offer, or Claim It Transactions; 3. Make use of My Collection feature; 4. Communicate directly with other Users to facilitate Transactions; 5. Make use of Services such as Buyer Protection, shipping labels, and paid Advertisements; and 6. Interact with community features in compliance with this Agreement.

All Uses of the Platform must comply with this Agreement and applicable laws. Please note that Auction-related rules and obligations are integrated throughout this Agreement and apply to both Buyers and Sellers.

• 1. Prohibited Uses and Activities

Users may not use the Platform for any unlawful, fraudulent, abusive, or harmful purpose. Prohibited activities include, but are not limited to:

• • 1. Listing, promoting, or selling counterfeit, stolen, illegal, prohibited, or misrepresented Items; 2. Violating intellectual property rights, including unauthorized use of logos, images, or trademarks; 3. Posting false, misleading, or deceptive Listings or communications; 4. Circumventing Selling Fees, Transaction Fees, Administrative Fees, or any other fees, payment systems, or Platform functionality; 5. Attempting to manipulate Auction outcomes; 6. Harassing, threatening, or defaming other Users; 7. Engaging in any activity that interferes with or disrupts the Platform’s functionality or security; 8. Promoting or facilitating competing Platforms or Services; 9. Using bots, scripts, scrapers, or automated tools to access or manipulate the Platform; 10. Impersonating other Users, Trainbid personnel, or any third party; 11. Sharing or publishing private information of other Users without consent.

Trainbid reserves the right to determine, in its sole discretion, what constitutes prohibited use or abuse of the Platform.

• 1. Platform Integrity and Access Restrictions

To preserve the stability, security, and fairness of the Platform, the following restrictions apply to all Users and access methods:

• • 1. Use of bots, scrapers, spiders, or other automated tools to access or interact with the Platform is prohibited without Trainbid’s prior written consent. You may not bypass robot exclusion headers or technical controls; 2. Activities imposing an unreasonable or excessive load on Trainbid’s infrastructure, such as more than 1,000 API requests per minute without authorization, are not permitted; 3. Users must not interfere with or disrupt the Platform’s operation, including reverse engineering, code tampering, or attempts to exploit security features; 4. Reproduction, modification, or distribution of Platform content or user data, whether manually or via plug-ins, scripts, or extensions, is prohibited without written authorization; 5. You are responsible for all activity under your User Account; 6. Unauthorized access, collection, or misuse of proprietary, confidential, or user data from the Platform is strictly prohibited.

Trainbid may take technical, administrative, or legal action to enforce the provisions outlined in this Section 4, including account suspension or termination.

• 1. General User Community Standards

All Users are expected to engage respectfully, honestly, and lawfully when interacting on the Platform. This includes:

• • 1. Treating fellow Users with courtesy and fairness in communications, offers, and dispute resolution; 2. Providing accurate descriptions and timely responses to inquiries; 3. Completing Transactions in good faith, including shipping Items promptly if you are a Seller; 4. Respecting the rights, privacy, and personal data of other Users; 5. Adhering to all applicable Trainbid policies and guidelines.

Failure to uphold these standards may result in account restrictions, penalties, or removal from the Platform.

• 1. Enforcement Actions and Penalties

Trainbid reserves the right to monitor activity on the Platform and enforce its rules and policies through various actions, including but not limited to:

• • 1. Warning notices or formal reprimands; 2. Temporary or permanent suspension of account access; 3. Removal of Listings or content that violates these Terms; 4. Withholding of funds or disabling of payout functionality; 5. Termination of accounts for serious or repeated violations; 6. Legal action or referral to regulatory authorities where required by law.

In cases of serious misconduct, Trainbid may exercise enforcement rights without prior notice. Users are not entitled to compensation, refunds, or reinstatement following enforcement action.

• 1. Legal Compliance and Additional Terms

Users agree to comply with all applicable local, state, national, and international laws, rules, and regulations governing online conduct when using the Platform. In addition, Users must adhere to all Trainbid policies and community standards as set forth in this Agreement and incorporated by reference.

You agree to indemnify, defend, and hold harmless Trainbid and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your violation of this Agreement or any applicable law.

By using the Platform, you waive any rights or claims related to receiving advance notice of changes to this Agreement. Your continued use of the Platform following any updates constitutes acceptance of the revised Agreement.

Certain supplemental Services offered by Trainbid may be subject to additional terms and conditions. Where applicable, such additional terms shall be incorporated herein by reference and deemed equally binding upon Users.

Selling on Trainbid

By Listing and selling Items on Trainbid, Sellers agree to the following conditions and obligations set forth in this ‘Selling on Trainbid’ Section, which are binding and supplementary to all other provisions of this Agreement:

• 1. Seller Obligations
     1. Accurate and Compliant Listings

Sellers must ensure that Listings are truthful, accurate, complete, and comply with applicable laws, intellectual property rights, and Trainbid’s policies. Listings of illegal, counterfeit, stolen, unauthorized, or otherwise prohibited Items are strictly forbidden and may result in immediate suspension, penalties, or legal action against the account holder. Sellers are solely responsible for the accuracy, legality, and compliance of their Listings, including images and descriptions provided.

Trademark Use in Listings

Sellers may not use original trademarked names, logos, or branding in Listings for modified, customized, or resold model trains, collectibles, or hobby equipment without prior written permission from the trademark owner. This includes direct or suggestive use of protected identifiers in Listing titles, descriptions, images, or promotional materials that could cause confusion.

Trademark holders may report suspected infringement by emailing [legal@trainbid.com] with evidence of ownership and details of the alleged violation. Trainbid reserves the right to remove infringing Listings, suspend repeat violators, and cooperate with enforcement authorities. Sellers are solely responsible for ensuring trademark compliance and agree to indemnify Trainbid from any claims or liabilities arising from unauthorized use of trademarks in their Listings.

• • 1. Prohibition of External Transactions
       Sellers remain solely responsible for all fees incurred through sales initiated on the Platform, even if the Transaction is finalized outside of Trainbid. Sellers are strictly prohibited from:
• Soliciting or facilitating Transactions outside of Trainbid to avoid Transaction Fees;
• Exchanging contact information for the purpose of conducting off-Platform sales;
• Directing Buyers to purchase Items privately or through other channels.

Engaging in such conduct constitutes a material breach of the Agreement and may result in:

• Permanent user account suspension or termination;
• Forfeiture of all funds held in the Seller’s account;
• Imposition of additional penalties, including increased Selling Fees;
• Enforcement of Trainbid’s right to audit seller activity to detect Agreement violations.

Sellers expressly acknowledge that Trainbid retains the right to audit Transactions and communications to enforce this prohibition and waive all claims against Trainbid for enforcement actions related to off-Platform activity.

• • 1. Prohibition of Fraudulent and Deceptive Practices

Sellers are strictly prohibited from engaging in fraudulent, deceptive, or manipulative practices, including misrepresentation of Items, falsifying shipping or tracking information, attempting to circumvent any Fees payable by the Seller to Trainbid or any provision of this Agreement. Violations may result in severe penalties, including immediate account suspension, permanent termination, fund forfeiture, or legal action.

• • 1. Timely Communication and Shipping

Sellers must communicate promptly and professionally with Buyers, ship Items securely within three (3) Business Days of sale confirmation, and provide valid tracking information. Sellers are responsible for securely packaging Items and are liable for loss or damage during transit unless explicitly covered by Trainbid's shipping labels or insurance.

• • 1. Handling Returns, Refunds and Disputes

Sellers must promptly manage returns, refunds, and Buyer disputes in accordance with the ‘Returns and Refund Policy’ outlined in this Agreement (Section 10). Sellers agree to act in good faith and cooperate fully with any dispute resolution processes conducted by Trainbid.

• 1. Financial Terms and Conditions
     1. By Listing and selling Items on Trainbid, Sellers expressly acknowledge and agree to pay all applicable fees, which currently include:
• Selling Fees (3.95% per sale transaction);
• Transaction Fees (3.55% plus $0.29 for transactions under $50);
• Shipping Fees when opting for Trainbid-issued shipping labels;
• Administrative Fees for handling disputes or chargebacks (for example, $25 chargeback fee);
• Promotional Fees if the Seller selects Advertisement Services;
• Late Shipping Fees ($2.50 per late shipment);
• Applicable Taxes as required by law.

Trainbid reserves the right to update or adjust its fee structure from time to time, upon reasonable notice provided to Sellers.

• • 1. Cashout Transaction Fee

Sellers are charged a $0.67 cashout fee for each bank transfer withdrawal of available funds. Trainbid reserves the right to modify this fee with three (3) days' notice.

• • 1. Non-Refundable Fees

All fees charged to Sellers, including Selling Fees, Transaction Fees, Shipping Fees, Promotional Fees, Administrative Fees, and any other applicable charges, are strictly non-refundable, even in circumstances involving account suspension, restriction, or termination.

• • 1. Automatic Collection, Debt Recovery and Authority to Withhold Funds

Sellers expressly authorize Trainbid to automatically collect applicable Selling Fees, Transaction Fees, Shipping Fees, Promotional Fees, Administrative Fees, Late Shipping Fees, unpaid balances, refunds, chargebacks, penalties, and any other amounts owed directly from their available account balance, payouts, or registered payment methods on the Platform. If a Seller’s available funds are insufficient to cover outstanding obligations, Trainbid reserves the right to charge the Seller’s registered payment methods on file without prior notice.

Trainbid further reserves the right, at its sole discretion, to temporarily or indefinitely withhold, deduct, or restrict funds within a Seller's account under the following circumstances:

• Pending Buyer disputes, claims, or chargebacks.
• Outstanding financial obligations, unpaid fees, or penalties owed by the Seller.
• Suspected or confirmed fraudulent activities, violations of Trainbid’s policies, or unauthorized conduct.
• Ongoing investigations, legal actions, or inquiries by governmental, regulatory, or law enforcement authorities involving the Seller.

Funds withheld under these provisions may be applied at Trainbid’s discretion to satisfy Seller’s outstanding debts, disputes, administrative fees, refunds, chargebacks, penalties, and any financial obligations arising from Seller activities on the Platform.

If Sellers fail to settle outstanding balances, fees, or penalties within thirty (30) days of notification, Trainbid reserves the right to engage third-party collection agencies, report delinquent accounts to credit bureaus, or pursue legal actions. Sellers waive all rights to dispute Trainbid’s debt recovery actions or any negative impacts resulting from such measures.

Interest and Fees on Outstanding Balances
Sellers who fail to pay any outstanding fees, penalties, or balances within 30 days may be subject to late fees and additional administrative costs. Trainbid reserves the right to charge interest at a rate of up to 10% per annum on all overdue amounts, in accordance with California law. In addition, a $25 administrative fee may be applied to cover the costs associated with processing late payments and collections.

By using the Platform, Sellers agree to these Terms and acknowledge that continued non-payment may result in additional actions, including account suspension or collection efforts.

• • 1. Chargebacks and Dispute Management

Sellers acknowledge that all payment disputes or chargebacks are handled exclusively by Trainbid through its selected payment processor. In the event of a chargeback, Sellers must cooperate fully with Trainbid’s chargeback resolution process, providing requested documentation or evidence promptly.

If a chargeback or unauthorized payment reversal is resolved against the Seller, Trainbid reserves the right to:

• Deduct the disputed amount directly from the Seller’s account balance or payment method on Platform;
• Charge the Seller a $25 administrative fee per chargeback;
• Impose additional penalties or restrictions on Sellers with excessive chargeback rates or disputes.

Repeated Chargebacks by Sellers
If a Seller experiences more than one chargeback within any twelve (12) month period, Trainbid reserves the right, at its sole discretion, to:

• Increase the Seller’s Transaction Fee by up to an additional 10% of the Total Sale Price on all future Transactions;
• Require the Seller to post a prepaid security deposit to cover potential future chargebacks;
• Suspend or terminate the Seller’s account without further notice;
• Impose additional administrative fees, penalties, or restrictions on the Seller’s account.

Sellers acknowledge and agree that Trainbid retains full discretion in assessing chargeback activity and implementing risk-based financial controls in response to excessive disputes.

• • 1. Fraudulent Activity and Unauthorized Payment Attempts

In instances where Trainbid identifies attempts by Sellers to fraudulently obtain payouts, including but not limited to the use of stolen or unauthorized payment methods, transaction laundering, or the creation of multiple accounts to bypass payment restrictions:

• Trainbid may immediately and permanently forfeit all funds in the implicated Seller’s account;
• Trainbid reserves the right to initiate legal or criminal proceedings and report the Seller to appropriate law enforcement agencies;
• Sellers waive all claims against Trainbid regarding the forfeiture of funds resulting from fraudulent or unauthorized activity.
  • 1. Seller Payouts

Seller funds from completed Transactions are released based on the following conditions:

• Funds will be released to the Seller once the Buyer receives and accepts the Item, or if five (5) days elapse without the Buyer raising a complaint or dispute;
• Trainbid reserves the right to withhold Seller payouts under specific circumstances, including but not limited to:
  • Buyer disputes, chargebacks, or claims;
  • Unresolved tracking or shipment issues;
  • Outstanding financial obligations, penalties, or unresolved complaints against the Seller.

Please note that if a Buyer purchases 30-Day Buyer Protection, funds will still be released according to the standard five-day rule; however, Buyers retain the right to initiate refunds or disputes within thirty (30) days of delivery. In such cases, Trainbid reserves the right to charge the Seller’s account to reimburse Buyer claims, return shipping, or associated costs.

• • 1. Collection and Reporting of Unpaid Debts

Sellers who fail to settle outstanding debts, fees, or penalties owed to Trainbid within thirty (30) days of notice may be subject to the following:

• Trainbid may engage third-party collection agencies to recover unpaid balances;
• Delinquent Seller accounts may be reported to credit bureaus, which could impact Sellers’ credit ratings and financial standing;
• Trainbid reserves the right to pursue other legal remedies or collection actions to recover outstanding amounts.

Sellers expressly waive any right to dispute or challenge Trainbid’s debt recovery efforts, credit bureau reporting, or related collection actions. Trainbid assumes no liability for any negative consequences resulting from collection actions taken in response to a Seller’s delinquent account.

• 1. Seller Enforcement Actions and Penalties
     1. Seller Performance and Defect Rate

Trainbid actively monitors Seller performance based on key metrics, including Buyer returns, cancellations, late shipments, unresolved disputes, and violations of Platform rules. Sellers who accumulate high defect rates will face progressive penalties, including but not limited to increased Transaction Fees, temporary limitations on selling privileges, or permanent suspension from the Platform.

Seller Defect Rate Policy

Sellers who repeatedly fail to meet Platform standards may be subject to performance-based penalties, including increased fees, Listing restrictions, and account suspension.

1. Seller Defect Rate Calculation

"Defect Rate" is calculated using the following formula:

Defect Rate (%) = (Total Defects / Total Completed Transactions) × 100

The following actions count as “Defects”:

1. Buyer-initiated returns or refunds due to Seller error (such as incorrect, damaged, or misrepresented Items);

2. Seller-initiated cancellations after an offer is accepted or auction ends;

3. Late shipments (shipments not scanned by a carrier within three (3) business days);

4. Dispute losses caused by Seller non-compliance or error;

5. Failure to respond to dispute inquiries within 72 hours;

6. Listings removed due to Trainbid policy violations;

7. Unpaid fees that remain unresolved 10 days after notice;

8. Verified inappropriate or harassing communication with users.

9. Defect Rate Tiers and Penalties

1. Continuous Monitoring

Seller Defect Rates are recalculated after each completed Transaction (following the first 10 Transactions). As Sellers complete clean Transactions without defects, their Defect Rate will decrease, potentially removing penalties and restoring full privileges.

1. Appeals Process

Sellers may appeal a defect designation within 30 days of notification. Appeals must include:

• Supporting documentation or evidence; and
• A $5 non-refundable administrative fee.

Trainbid will review appeals within 7 to 10 business days. All appeal decisions are final and binding.

1. Fraud Prevention and Enforcement

Trainbid reserves the right to:

• Reclassify return, cancellation, or dispute reasons where manipulation or abuse is detected;
• Suspend or permanently terminate Sellers found to be falsifying shipping data, manipulating defect rates, or engaging in fraudulent practices.
  • 1. Late Shipping Penalties

Sellers must ship Items within three (3) Business Days of a confirmed sale. Failure to meet this shipping deadline will result in a non-refundable Late Shipping Fee of $2.50 per delayed shipment. Late Shipping Fee pricing is subject to change at Trainbid’s sole discretion**.** Repeated or excessive late shipments may lead to increased Selling Fees, temporary Listing restrictions, suspension, or termination of selling privileges.

• • 1. Consequences for Violations
       Sellers found in violation of this Agreement may be subject to immediate enforcement actions including temporary or permanent suspension of selling privileges, restriction or removal of Listings, increased fees, administrative penalties, withholding or permanent forfeiture of funds, and reporting of Seller activity to regulatory authorities or law enforcement. 2. Seller Representations and Warranties
       By listing Items on Trainbid, Sellers expressly represent and warrant that:
• All Listing information provided, including images, descriptions, and condition, is accurate, truthful, and complete;
• The Items listed are legally owned or authorized for sale by the Seller;
• The Seller has the legal right to offer, sell, and transfer the listed Items without infringing third-party intellectual property or proprietary rights;
• Listings comply with all applicable local, national, and international laws.
  1. License

By creating Listings, Sellers grant Trainbid a worldwide, non-exclusive, royalty-free license to use, modify, adapt, display, distribute, and market Seller’s User Content (as defined in User Content Policy (Section 13) of these Terms and Conditions) on the Platform and affiliated marketing channels. Sellers represent and warrant that their User Content complies with intellectual property laws and does not infringe third-party rights.

• 1. Community Standards for Sellers

In addition to the obligations set forth in this Section 5, Sellers must at all times adhere to Trainbid’s Community Standards for Sellers as outlined in Section 6 below. Violations of Community Standards, including but not limited to harassment, abusive communication, deceptive conduct, or unethical behavior, may result in account suspension, penalties, or termination at Trainbid’s sole discretion.

• 1. Update Information

Sellers must promptly update their Trainbid account to reflect changes in address, contact details, payment information, business registration, or tax documentation, as requested.

• 1. Trainbid Integrations and Third-Party Tools

Trainbid offers integrations with third-party services such as payment processors, shipping platforms, and related tools. By using these integrations, you agree to comply with applicable third-party terms and assume full responsibility for the accuracy, legality, and content of your submissions through such services.

Trainbid provides these integrations on an “AS IS” basis and disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Trainbid is not liable for disruptions, delays, or disputes arising from third-party tools or services.

You agree to indemnify and hold harmless Trainbid and its affiliates from any claims, damages, or liabilities related to:

• • 1. Your use or misuse of Trainbid integrations; 2. Violations of applicable law or third-party terms; or 3. Disputes involving third-party providers.

Trainbid may modify, restrict, or discontinue integrations at any time without notice. Access may be suspended or revoked if your activities violate this Agreement or pose a risk to the Platform.

Community Standards for Sellers

In addition to fulfilling their operational and financial obligations as outlined in Selling on Trainbid (Section 5) above, Sellers are expected to maintain high standards of professional conduct on the Platform. These Community Standards for Sellers are designed to foster a respectful, trustworthy, and safe marketplace environment. Compliance with these Standards is mandatory and enforceable under this Agreement. Violations of these Community Standards may result in penalties, account suspension or termination from the Platform.

• 1. Professionalism and Respect

     1. Sellers must communicate with Buyers and Trainbid representatives in a professional, courteous, and respectful manner at all times.
     2. Harassment, threats, intimidation, abusive language, hate speech, or discrimination based on race, gender, nationality, religion, disability, or any other protected characteristic is strictly prohibited.

  2. Honesty and Transparency

     1. Sellers must act honestly and in good faith in all interactions with Buyers and Trainbid.
     2. Misleading claims about Trainbid’s policies, Buyer rights, or the Seller’s status (such as any false claims of official endorsement) are prohibited.

  3. Responsible Communication

     1. Sellers must respond to Buyer inquiries, complaints, and disputes in a timely, professional, and constructive manner.
     2. Sellers must avoid aggressive, manipulative, or deceptive tactics during negotiations, dispute resolution, or messaging.

  4. Abuse of Platform Features

     1. Sellers must not misuse Trainbid’s messaging systems, dispute resolution tools, or other Platform features to harass, spam, retaliate against, or coerce Buyers.
     2. Sellers must not encourage Buyers to complete Transactions off the Platform or circumvent Trainbid’s processes in any way.

  5. Trust and Marketplace Integrity

     1. Sellers must contribute to a fair marketplace by accurately representing their intentions in offers, Auctions, Listings, and communications.
     2. Sellers must not engage in retaliatory behavior, such as threatening Buyers, abusing Platform communication tools, or attempting to manipulate Platform trust systems.

  6. Cooperation with Platform Investigations

     1. Sellers must cooperate fully and promptly with Trainbid during any investigation of alleged misconduct, disputes, or violations of these Standards.
     2. Failure to respond, obstruction, or non-cooperation may result in enhanced penalties, including permanent suspension or account termination.

  7. Enforcement of Community Standards

Violations of these Community Standards are grounds for enforcement actions at Trainbid’s sole discretion, including but not limited to:

• • 1. Issuance of formal warnings; 2. Temporary suspension of account access or selling privileges; 3. Permanent suspension or termination of Seller accounts; 4. Withholding or forfeiture of payouts pending investigation outcomes; 5. Reporting serious violations to relevant regulatory or legal authorities.

All enforcement decisions made by Trainbid are final and not subject to appeal.

Feedback and Rating Policy

Trainbid encourages Users to provide honest and constructive feedback after completing a Transaction. Ratings and reviews help maintain transparency, build trust, and improve the overall experience on the Platform. This Feedback and Ratings Policy governs the submission, display, and management of feedback content by Users (Buyers and Sellers).

• 1. Eligibility to Leave Feedback

Only Users who have completed a verified Transaction on the Platform may leave a rating or written review for the other Party involved in that Transaction.

• • 1. Buyers may leave feedback regarding the accuracy of Listings, Item condition, communication, and delivery experience. 2. Sellers may leave feedback about Buyer communication, timely payment, and the overall Transaction.

    2. Rating Scale

Trainbid uses a star-based rating system and may supplement this with written comments. Ratings may be averaged to determine a User's public rating score.

• 1. Feedback Guidelines

All feedback submitted must be:

• • 1. Truthful and fact-based

Reflect an honest experience with the Transaction.

• • 1. Respectful

Not contain abusive, discriminatory, defamatory, or threatening language.

• • 1. Relevant

Address only the Transaction at hand, not unrelated experiences or personal grievances.

• 1. Prohibited Feedback Content

Users must not submit feedback that includes:

• • 1. Personally identifiable information; 2. Harassment, hate speech, or profanities; 3. Promotional content, spam, or external links; 4. Accusations of criminal behavior without substantiating legal documentation; 5. Comments unrelated to the actual Transaction.

Trainbid reserves the right to remove or edit feedback at its sole discretion if it violates this policy or applicable law.

• 1. Feedback Disputes

Users who believe a review is fraudulent, retaliatory, or violates this policy may request a review of the feedback by contacting Trainbid at support@trainbid.com. Trainbid may, but is not obligated to, take the following actions:

• • 1. Remove the feedback in part or in full; 2. Edit offensive language while preserving substantive content; 3. Decline to act if the feedback reflects a subjective experience that does not violate policy.

All decisions by Trainbid regarding feedback disputes are final.

• 1. Impact on Seller Standing

Trainbid may consider cumulative feedback, including star ratings and complaint history, when:

• • 1. Determining a Seller’s eligibility to use certain services such as Advertisements; 2. Imposing limits, suspensions, or penalties for repeated low-quality feedback; 3. Assigning Seller performance tiers or badges (if applicable).

Sellers with repeated low ratings or unresolved disputes may be subject to account restrictions or removal.

• 1. Prohibition of Feedback Manipulation

Users must not:

• • 1. Offer incentives in exchange for positive feedback; 2. Threaten negative reviews to coerce refunds or other concessions; 3. Create multiple accounts to artificially inflate or deflate feedback scores; 4. Collude with other Users to manipulate the rating system.

Violations may result in immediate account suspension or permanent removal from the Platform.

• 1. Retention and Display Feedback

Trainbid may display feedback publicly on User profiles, Listings, and other parts of the Platform. Feedback is retained indefinitely unless removed for violating this Policy or applicable law.

Trainbid is not responsible for the accuracy or opinions expressed in User-submitted reviews, and disclaims all liability for content posted by Users under this Policy.

Buying on Trainbid

This ‘Buying on Trainbid’ Section governs all Buyer activity on the Platform, including purchasing methods, Buyer responsibilities, payment terms, dispute procedures, and protections. By participating in any Transaction on the Platform, as a Buyer you agree to comply with all applicable terms outlined hereunder and throughout this Agreement. Trainbid expects all Buyers to act in good faith, review Listings carefully before purchasing, and fulfill payment obligations in a timely manner. Failure to adhere to these obligations may result in penalties, restricted access, or account termination.

• 1. Buyer Purchase Methods

Buyers may acquire Items through the Platform using any of the following methods:

• • 1. Buy Now

Purchasing the Item at the listed fixed price. The purchase becomes binding immediately upon checkout. Cancellations are only permitted before shipment or pickup.

• • 1. Claim It

Locking in a purchase by paying a non-refundable 10% deposit of the Item Sale Price with the balance charged in two installments over 60 days. See Section 10.5 for Claim It Cancellation and Refund policy.

• • 1. Auction

Buyers may acquire Items through Auctions by placing bids during a designated bidding period. Auctions may be configured as One Day (24 hours) or Multi-Day events. At the close of the auction, the highest bid becomes the final sale price, and the winning Buyer is legally obligated to complete the purchase. Cancellations are not permitted once the Auction ends.

All bids submitted on the Platform are binding offers to purchase the Item at the bid amount. Buyers must ensure they have the intent and ability to follow through on any bid they place.

Please note that participation in Auctions is subject to the technical capabilities and availability of the Platform. Trainbid does not guarantee real-time bidding functionality or uninterrupted access. Buyers acknowledge that last-minute bidding may be impacted by network delays, device limitations, or system latency. Trainbid is not liable for bids not received or processed due to such issues, and Auction outcomes will not be reversed on this basis.

• • 1. Make Offer

Buyers may submit a price offer on Listings where the Seller has enabled the “Allow Offers” feature. Sellers are under no obligation to accept any offer and may accept, decline, or ignore submitted offers at their sole discretion. Once a Seller accepts an offer, the Buyer enters into a binding contract with the Seller to complete the purchase within three (3) Business Days, including payment of the Total Sale Price and any applicable fees or taxes. Failure to complete payment within the required time may result in cancellation of the sale, loss of the item, penalties, or account restrictions.

Regardless of the purchase method used, Buyers are expected to act in good faith and complete their payment and Transaction responsibilities in full. Each method results in a legally binding agreement once initiated, whether by placing a bid, checking out via Buy Now or Claim It, or having an offer accepted. Buyers who fail to fulfill their commitments in a timely manner may face consequences including cancellation of the sale, forfeiture of any applicable fees or deposits, account restrictions, or permanent suspension from the Platform.

• 1. Buyer Conduct and Responsibilities

Buyers are required to act responsibly, respectfully, and lawfully in all interactions with Sellers and Trainbid. Specifically, Buyers agree to:

• • 1. Be solely responsible for reviewing all details of a Listing before checking out via Buy Now, making an offer or placing a bid. This includes reading the full description, Item condition, seller disclosures, shipping terms, and any other details provided. Ignorance of Listing content does not excuse non-performance of payment obligations; 2. Provide accurate, truthful, and complete information during checkout, payment, and dispute processes; 3. Complete payment obligations promptly upon winning an Auction, acceptance of an offer, or using the Buy Now feature; 4. Respond promptly and courteously to Seller communications regarding Transactions; 5. Ensure the correctness and completeness of shipping information provided at checkout; 6. Not engage in fraudulent, abusive, or misleading conduct, including making false claims regarding Item conditions or initiating improper chargebacks.

    2. Payment Terms and Processing Fees

Buyers must complete payments for purchased Items promptly. Payments are processed exclusively through Trainbid’s selected payment processor Stripe Inc. Buyers agree to comply with our selected payment processor's terms and privacy policy. Trainbid is not responsible for payment delays, errors, or processing issues outside its direct control.

• 1. Buyer Fees

At checkout, Buyers are responsible for paying the following fees:

• • 1. Buyer Checkout Fee: $0.99 per Transaction; 2. Claim It Fee: 10% non-refundable down payment due at checkout to reserve the Item when you select Claim It purchase. The remaining balance is split into two equal parts charged at 30 and 60 days. The buyer is responsible for keeping a valid payment method on file; 3. Applicable Taxes: All required sales, use, value-added, or similar taxes applicable to the Transaction.

Buyer fees are generally non-refundable. However, refunds may be issued in specific cases as outlined in the Return and Refund Policy. This includes, but is not limited to, Seller cancellations, undelivered Items after full payment, and approved return claims. All refund eligibility is subject to the applicable provisions of this Agreement.

• 1. Buyer Payment Security, Holds, and Charge Authorization

Trainbid, in coordination with its third-party payment processor Stripe, reserves the right to decline, freeze, or hold any Transaction in the following circumstances:

• • 1. Suspected fraudulent activity; 2. Compliance with anti-money laundering (AML) regulations; 3. Adherence to economic or trade sanctions; 4. Internal risk controls implemented by Trainbid or Stripe; 5. Potential violations of Trainbid policies or the terms of any third-party payment provider.

These measures are implemented to protect the integrity, security, and compliance of the Platform.

Buyers authorize Trainbid to charge any outstanding Transaction Fees or amounts owed directly to the payment method on file. Buyers must maintain valid payment methods with sufficient funds to satisfy any such charges. Failure to do so may result in penalties, including account restrictions or referral to a collection agency.

Trainbid is not liable for accidental or incorrect charges to Buyer payment methods caused by system error or human mistake. Buyers must report discrepancies within thirty (30) calendar days of the charge. After this period, Trainbid may deny any requests for corrections but may, at its sole discretion, offer Platform Credit or a reduced fee.

Trainbid is not responsible for unauthorized charges caused by third-party fraud. Buyers are encouraged to monitor their bank statements and report any suspicious activity directly to their payment provider. While Trainbid may assist in investigations, it does not assume liability for losses resulting from fraudulent activity.

• 1. Buyer Protection Options

Trainbid offers Buyers the opportunity to purchase optional Buyer Protection at checkout, designed to provide extended dispute resolution and refund eligibility for qualifying issues.

• • 1. Without Buyer Protection

Buyers must report any issues (for example, Item damaged or materially not as described) within five (5) calendar days of confirmed delivery. Failure to do so within this period waives the Buyer’s right to initiate a claim.

• • 1. With Buyer Protection

Buyers may initiate a claim within:

• • • • Thirty (30) calendar days of the expected delivery date, if the Item was not received; or - Thirty (30) calendar days of confirmed delivery, if the Item arrived damaged or materially not as described.

For Claim It purchases, Buyer Protection becomes effective only after full payment has been completed. The initial 10% deposit is non-refundable if the Buyer cancels or fails to complete payment. However, the deposit will be refunded if:

• The Seller cancels the order;
• The Buyer never receives the Item despite full payment;
• The Item is returned under a successfully approved Buyer Protection claim.

To initiate a claim, Buyers must cooperate fully with Trainbid’s investigation process, including providing any requested documentation such as photos, tracking records, or correspondence. Trainbid retains sole discretion in determining claim outcomes, which may include full or partial refunds, return approvals, or denial of the claim based on available evidence.

• 1. Order Cancellation Policy
     1. Auctions: By placing a bid, the Buyer makes a legally binding offer and is obligated to complete the purchase if their bid is the highest when the Auction ends.
     2. “Buy Now” or “Make Offer”: Cancellations are permitted only if the Item has not yet been shipped or picked up. Once shipment has begun or pickup is confirmed by the Seller, the order becomes final and non-cancellable. Buyers who fail to complete the purchase after checkout or offer acceptance may face penalties, including account restrictions or loss of purchase privileges.
     3. Claim It Orders: All Claim It purchases require a 10% down payment. This down payment is non-refundable if the Buyer cancels the order or fails to complete the remaining payments. However, it will be refunded if the Seller cancels the order, the Buyer never receives the Item, or the Buyer returns the Item under an approved claim.

Once shipping begins or pickup is confirmed, the order becomes non-cancellable and may only be returned under the Return and Refund Policy.

• 1. Procedures for Returns, Cancellations, and Refunds

Buyers may request returns, cancellations, or refunds subject to the following conditions:

• • 1. Returns must be initiated within five (5) calendar days of Item delivery, unless Buyer Protection is purchased, in which case the return window extends to thirty (30) calendar days; 2. Items must be returned in original condition with all included accessories, documentation, and packaging; 3. Buyers may only request cancellation if the Seller has not yet shipped the Item; 4. All approved refunds will be issued back to the original payment method within a reasonable timeframe after resolution.

Failure to follow Trainbid’s return and refund procedures may result in denial of claims or refund requests.

• 1. Chargebacks and Related Penalties

Buyers agree not to initiate chargebacks through their payment institution without first exhausting Trainbid’s resolution process. Improper chargebacks or unauthorized payment reversals may result in serious penalties, including:

• • 1. Immediate suspension of account access or termination of the Buyer’s account; 2. A Buyer Premium fee of up to 20% of the Transaction amount; 3. An administrative fee of up to $50 per chargeback; 4. Financial recovery actions, including legal collection efforts for improperly reversed funds.

Buyers must fully cooperate with any investigation related to chargebacks or payment disputes. Trainbid reserves the right to enforce these penalties at its sole discretion. All chargeback-related decisions are final.

• 1. Legal Compliance and Additional Buyer Terms
     1. Buyers must comply with all local, national, and international laws applicable to online purchases, ownership, import, and use of purchased Items.
     2. By purchasing on Trainbid, Buyers agree to indemnify and hold harmless Trainbid and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses arising out of Buyer’s Transactions, disputes, or violations of applicable law.
     3. Trainbid reserves the right to restrict purchasing privileges, refuse service, or terminate accounts of Buyers who repeatedly violate these Terms or any other provision of this Agreement.
  2. Buyer Defect Rate and Accountability Policy
     1. Definition and Calculation

Trainbid monitors Buyer performance using a "Defect Rate" metric calculated as:

Buyer Defect Rate (%) = (Total Buyer Defects/Total Completed Transactions) × 100

Defects may include Buyer-initiated cancellations, returns for non-seller fault, payment failures, unpaid fees, and verified inappropriate communications.

• • 1. Exclusions

Defects will not be assessed for:

• Seller-initiated cancellations.
• Proven seller errors (Item not received, wrong item, damaged, not as described).
• Claims resolved in the Buyer’s favor via Trainbid’s dispute process.
  • 1. Penalties Based on Buyer Defect Rate

• • 1. Dynamic Monitoring

Buyer Defect Rate is recalculated after every Transaction starting from the 11th completed order. The Buyer Premium remains until the defect rate falls below the applicable threshold.

• • 1. Buyer Transparency

Buyers will receive:

• • • • Advance warnings at 30% and 40%; - Access to a Defect Rate Dashboard (if implemented), showing a breakdown of defects and guidance to improve performance.

        1. Fraud Prevention

Trainbid may reclassify return reasons or reject claims if misuse is detected. Frequent claims such as “damaged on arrival” may trigger mandatory photo/video evidence reviews. Verified abuse may result in immediate account suspension.

• • 1. Enforcement and Final Discretion

Trainbid reserves the right to adjust thresholds or penalties and make final decisions in all Buyer Defect Rate evaluations.

Payment and Billing

• 1. Payment Processing

All payments on the Platform are processed securely through Trainbid’s third-party payment provider, Stripe, Inc. By using the Platform, all Users (both Buyers and Sellers) agree to comply with Stripe’s terms and privacy policy. Trainbid does not process or store payment information directly. As such, Trainbid is not responsible for:

• • 1. Payment delays, 2. Processing errors, 3. Fund transfer issues, 4. Failed transactions caused by Stripe, card issuers, or banking institutions.

Users are responsible for maintaining accurate and up-to-date payment and payout information within their account settings. Failure to do so may result in delays, withheld payouts, or transaction failures.

Trainbid reserves the right to switch or add additional third-party payment processors at its discretion and without prior notice. Any such change will be governed by the updated Payment and Billing terms.

• 1. Seller Payment Obligations and Fees

By listing and selling Items on the Platform, Sellers agree to the following fee structure and payment obligations:

• • 1. Standard Seller Fees

The following fees apply to each completed Transaction:

• Selling Fee: 3.95% of the Total Sale Price (excluding taxes).
• Transaction Fee: 3.55% of the Total Sale Price, plus $0.29 for Transactions under $50.
• Cashout Fee: $0.67 per withdrawal to a linked bank account.
• Late Shipping Fee: $2.50 per shipment if not shipped within three (3) Business Days.
• Administrative Fee: $25 per chargeback processed by Trainbid.
• Promotional Fees: Variable fees for optional advertising services, disclosed at the time of selection.
• Shipping Fees: If a Trainbid-issued shipping label is selected, the Seller is responsible for the actual label cost, which may differ from the estimated amount displayed at checkout.

Fee Adjustments and Promotions:

Trainbid reserves the right to modify any of the above fees with at least three (3) days’ advance notice, unless otherwise required by law. From time to time, Trainbid may introduce limited-time promotional offers that temporarily adjust one or more fee categories. Such promotional adjustments will be announced through the Platform and will apply in accordance with the terms specified in the promotional announcement.

• • 1. Non-Refundable Fees

Unless otherwise required by applicable law, all Seller fees are non-refundable, even if:

• • • • The Transaction is cancelled or disputed; - The account is suspended or terminated; - A return is processed.

        1. Automatic Fee Deductions

Sellers authorize Trainbid to deduct applicable fees, refunds, chargebacks, penalties, and unpaid balances from:

• Current or future payouts;
• Funds held in escrow;
• Linked payment methods on file.

If a Seller has insufficient funds or no valid payment method, Trainbid may:

• • • • Suspend payouts; - Withhold funds until resolved; - Pursue debt recovery.

        1. Fund Withholding Rights

Trainbid may temporarily or permanently withhold Seller funds in the following circumstances:

• Pending or unresolved Buyer disputes;
• Open chargebacks or refund claims;
• Suspected fraudulent, abusive, or policy-violating activity;
• Legal, regulatory, or law enforcement investigations.

Withheld funds may be used to satisfy any financial obligation arising under this Agreement.

• 1. Buyer Fees

Buyers agree to pay the following fees for each completed Transaction through the Platform:

• • 1. Standard Buyer Fees - Buyer Checkout Fee: $0.99 per Transaction, charged at the time of checkout regardless of purchase method. - Claim It Deposit: 10% non-refundable down payment at checkout to reserve the Item. This applies only when using the Claim It purchase method. The remaining balance is charged in two equal installments at 30 and 60 days. - Buyer Protection Fee: Optional; non-refundable once selected at checkout. Pricing and coverage details are disclosed during the checkout process. - Applicable Taxes: Sales, use, VAT, or similar taxes calculated based on the Buyer’s location and added to the final payment total. 2. Fee Refunds and Limitations

All Buyer fees are non-refundable, except:

• Where required by applicable law; or
• When explicitly permitted under Trainbid’s Return and Refund Policy.

Please note that Claim It deposit is generally non-refundable. However, it will be refunded in the following situations:

• If the Seller cancels the order for any reason; or
• If the Buyer never receives the Item after full payment; or
• If the Item is returned under an approved return or Buyer Protection claim.

The following fees are never refundable under any circumstance:

• The $0.99 Buyer Checkout Fee; and
• The Buyer Protection Fee (if selected at checkout).
  1. Identity Verification
     1. Identity Verification Obligations

To receive payouts, Sellers must complete identity verification through Trainbid’s payment provider, Stripe, Inc. This process may require a valid Taxpayer Identification Number (TIN), such as:

• • • • Social Security Number (SSN); - Employer Identification Number (EIN); - Individual Taxpayer Identification Number (ITIN); or - Equivalent identification as required in the Seller's jurisdiction.

Upon successful completion of identity verification, Sellers may become eligible to request a Trainbid Verification Badge, which may be displayed on their profile. Eligibility does not guarantee approval, and Trainbid reserves the right to grant, deny, or revoke such badges at its sole discretion. The badge is a visual indicator of identity verification only and does not imply endorsement, warranty, or guarantee of Seller conduct or Item authenticity.

• • 1. Consent to Data Sharing

By registering as a Seller on Trainbid, you authorize Trainbid to share your submitted information with Stripe for identity and compliance verification. Trainbid disclaims any liability for data breaches, technical failures, or errors occurring within Stripe’s systems.

• • 1. Withholding Until Completion

Trainbid reserves the right to withhold Seller payouts until identity verification is successfully completed. Failure to complete verification may result in delayed or permanently withheld funds and/or account suspension.

• 1. Automatic Deductions and Withholding

To maintain financial integrity, Trainbid reserves the right to automatically recover fees, penalties, or debts from Users under the following terms:

• • 1. Seller Authorizations

By using the Platform, Sellers authorize Trainbid to deduct Selling Fees, Transaction Fees, Shipping Label Fees, Advertising Fees, or any other amounts owed from:

• • • • Proceeds of sales, - Payout balances, or - Registered payment methods.

        1. Withholding Triggers

Trainbid may temporarily or permanently withhold payouts or account balances if:

• • • • There are pending Buyer disputes, chargebacks, or refund claims; - The Seller has unpaid fees or outstanding financial obligations; - There is evidence of fraud, policy violations, or suspicious activity; - A legal, regulatory, or law enforcement inquiry requires fund retention.

        1. Application of Withheld Funds

Withheld funds may be applied towards:

• • • • Refunds owed to Buyers; - Reverse transaction fees; - Administrative fees; - Advertising and promotional charges; - Penalties or damages from policy violations.
    1. Shipping Label Adjustments
       1. Trainbid-issued Shipping Labels

If a Seller opts to use Trainbid-issued shipping labels:

• • • • An estimated cost or what the buyer paid for shipping (whichever is greater) is deducted at the time of the Transaction. - Final shipping costs may be adjusted once the carrier processes the shipment.

        1. Adjustment Deductions

If the actual label cost exceeds the original estimate:

• The additional amount will be deducted from the Seller’s balance.
• If insufficient funds are available, Trainbid may charge the registered payment method on file.
• If the actual shipping label cost is below the original estimated or original collected shipping cost, Trainbid reserves the right to keep the profits 100% if the profit is $5.00 or less. Otherwise, any additional profit on shipping labels over $5.00 is split 50/50 between Trainbid and the seller.
  • 1. Low-Value Processing Fee

For adjustments under $50, an additional processing fee of $0.29 will apply.

• • 1. Reconciliation Period

Shipping label adjustments are typically finalized within 30 calendar days of the original purchase date.

• • 1. Shipping Label Insurance Coverage

Most shipping labels include default insurance coverage between $100 and $1,000. Sellers are responsible for verifying the specific coverage amount included in their selected label. If the value of the Item exceeds the included insurance, Sellers are strongly encouraged to purchase additional coverage at the time of label creation or directly with the carrier. Trainbid is not liable for uncovered losses in transit when the insurance value is insufficient.

Trainbid reserves the right to change third-party shipping providers at its sole discretion and without prior notice.

• 1. Partial Refunds and Chargeback Processing
     1. Partial Refunds

If a Seller issues a partial refund to a Buyer:

• The refunded amount will be deducted from the Seller’s available proceeds or if the available proceeds do not cover the full amount, Trainbid reserves the right to charge the Sellers payment method on file plus any associated fees. If the Seller’s payment method on file fails, Trainbid reserves the right to deduct owed fees from future sales, connected bank accounts or other similar sources;
• Original fees (including Selling Fees, Transaction Fees, Shipping Fees, Promotional Fees) will not be refunded by Trainbid;
• A reverse transaction fee of 3.55% of the refunded amount applies;
• For refunds of $50 or less, an additional $0.29 processing fee will apply.

Sellers are solely responsible for all refund-related charges. Trainbid may refuse to process a refund if the Seller has insufficient funds in their account and no valid payment method is available.

• • 1. Chargebacks - Buyers agree not to initiate chargebacks through their payment provider without first completing Trainbid’s internal dispute resolution process. Any chargeback filed outside of this process may be considered an improper attempt to circumvent Trainbid’s protections and will be treated accordingly. - If a Buyer initiates a chargeback: - Trainbid will immediately deduct the disputed amount and a $25 administrative fee from the Seller’s account; - If the chargeback is resolved in the Seller’s favor, Trainbid will reinstate the appropriate amount (minus any applicable processing fees); - Sellers are required to cooperate fully by providing documentation and responding promptly during the chargeback investigation.

        - Buyers who submit chargebacks without cause or who bypass Trainbid’s dispute system may face the following consequences:
            - Immediate account suspension or permanent removal from the Platform;
            - A penalty fee of up to 20% of the disputed Transaction amount;
            - Loss of access to Buyer Protection or refund rights on future Transactions;
            - Debt collection actions and/or legal proceedings to recover reversed funds.
        - Trainbid retains sole discretion in determining whether a chargeback is improper or abusive. Buyers are expected to act in good faith and cooperate with all investigations.
        - If a User initiates multiple chargebacks within a 12-month period, Trainbid may:
            - Increase applicable Buyer or Seller fees;
            - Restrict access to certain payment methods;
            - Permanently disable the User’s account.
       

    2. Outstanding Balances and Collection

Trainbid reserves the right to recover unpaid fees, adjustments, or penalties from Users using the following methods:

• Deducting owed amounts from Seller payouts or Buyer payments;
• Charging any registered payment method on file;
• Withholding future proceeds until outstanding amounts are satisfied;
• Engaging third-party collection agencies to recover overdue balances;
• Reporting delinquent accounts to credit bureaus, where legally permissible.

Users are responsible for all associated costs resulting from debt recovery, including legal fees, court costs, and third-party collection agency charges. Failure to resolve outstanding obligations may result in account suspension, payout delays, or legal action.

• 1. Non-Liability for Frozen Funds

Sellers waive all claims against Trainbid regarding the impact of withheld or frozen funds. Trainbid assumes no liability for business losses, disruptions, or reputational harm arising from fund withholdings. Trainbid retains sole discretion in determining the length and resolution of all disputes affecting fund availability.

• 1. Indemnification for Financial Disputes

Sellers agree to indemnify, defend, and hold Trainbid harmless from any financial disputes, claims, or losses arising from:

• • 1. Payment failures, chargebacks, or refunds processed on their behalf; 2. Bank disputes, credit card claims, or regulatory investigations; 3. Collection efforts initiated for unpaid fees or penalties.

By using Trainbid, Sellers expressly waive any claims against Trainbid related to fund withholding, fee enforcement, dispute resolution, collection actions or the impact of delinquent accounts on credit reports. Sellers hereby assume full legal and financial responsibility for all disputes related to their financial transactions.

• 1. Seller Liability for Third-Party Fees

Trainbid is not responsible for any third-party banking, processing, or currency conversion fees incurred by Sellers. Sellers bear full responsibility for any such charges imposed by their financial institutions, including but not limited to:

• • 1. Bank transfer fees; 2. Foreign exchange or currency conversion fees; 3. Credit card or payment processor charges applied outside the Platform

By using Trainbid, Sellers waive any claims against Trainbid related to external financial institution costs.

• 1. Billing Disputes

Buyers and Sellers must report any billing discrepancies to Trainbid within thirty (30) calendar days of the original Transaction date.

• Disputes must be submitted in writing to: support@trainbid.com
• Trainbid will review all submitted documentation and issue a resolution in a commercially reasonable timeframe;
• If no dispute is raised within the 30-day window, all charges will be deemed accepted and final.

Disputes raised outside this period will not be reviewed. Users waive the right to challenge charges after this deadline.

• 1. Termination and Final Obligations

Account closure, deactivation, or termination by either the User or Trainbid does not absolve the User of any outstanding financial obligations. Trainbid reserves the right to pursue recovery of any unpaid fees, chargebacks, penalties, or balances owed after account closure, using any legal or collection methods available. Users remain responsible for all related costs, including administrative and legal fees, incurred in connection with debt recovery.

Return and Refund Policy

This Return and Refund Policy governs how returns, cancellations, and disputes are handled on the Trainbid Platform. It is designed to promote fairness and transparency for both Buyers and Sellers. By using the Platform, you agree to the terms outlined below.

• 1. Return Eligibility

Buyers may request a return if one or more of the following conditions are met:

• • 1. The Item is materially different from the description provided in the Listing; 2. The Item is damaged during transit or missing significant components not disclosed in the Listing; 3. The Buyer has purchased Buyer Protection and initiates a claim within thirty (30) calendar days of:
    • the expected delivery date (for Items not received), or
    • the confirmed delivery date (for Items received but not as described);
      1. The Seller agrees to accept the return voluntarily.

If Buyer Protection was not purchased, Buyers must report issues within five (5) calendar days of confirmed delivery to be eligible for a return. Furthermore, Buyers waive any right to claim dissatisfaction unless the issue clearly meets the objective return eligibility criteria set forth above. Subjective dissatisfaction such as buyer’s remorse is not grounds for a return or refund unless otherwise stated.

• 1. Return Conditions

To qualify for a refund, Buyers must:

• • 1. Submit the return request within the applicable timeframe; 2. Return the Item in the same condition as received, with all original parts, accessories, manuals, and packaging; 3. Use a trackable and secure shipping method if required to return the Item; 4. Cover return shipping costs if the return is initiated for Buyer-Fault reasons. 5. In cases of item not delivered or lost in transit, proof that tracking information supports the claim

    2. Undelivered or Lost Items

If an Item is not marked as delivered and tracking information shows the shipment has been delayed, lost, or otherwise not delivered, the Buyer may request a refund 15 calendar days after the latest estimated delivery date provided by the shipping carrier. Upon confirmation of non-delivery, Trainbid will issue a full refund to the Buyer. In such instances, the Seller shall be responsible for initiating and pursuing any applicable insurance claim with the shipping provider.

If the tracking information indicates that the Item was delivered to the Buyer’s provided address, Trainbid and the Seller will consider the Transaction completed. In such cases, Trainbid is not responsible for Items lost, stolen, or misplaced after delivery, and no refund will be issued unless otherwise required by applicable law or covered by Buyer Protection, if purchased.

• 1. Seller Obligations for Returns

Sellers must:

• • 1. Cooperate promptly and professionally with all return or refund requests; 2. Accept returns for Items that are defective, incorrect, or not as described; 3. Bear the cost of original and return shipping in Seller-Fault cases; 4. Follow Trainbid’s refund instructions and dispute timelines.

    2. Return Cost Allocation

Responsibility for the costs associated with returns will depend on whether the return is deemed to be the result of Seller fault or Buyer fault:

• • 1. In cases where the return arises from Seller’s fault (“Seller-fault Returns”), such as Items that are incorrect, damaged, defective, or materially not as described, the Seller shall bear the cost of: the original shipping label, the return shipping label (as detailed in Section 10.5.3 below), and all Transaction Fees, including any Listing Fees; 2. In cases where the return arises from Buyer’s fault (“Buyer-fault Returns”), including, but not limited to, buyer’s remorse, ordering the wrong Item, or other discretionary reasons, the Buyer shall bear the cost of: the original shipping, the return shipping (as detailed in Section 10.5.3 below), any applicable Transaction Fee reversal, the $0.99 Buyer Checkout Fee, and any Buyer Protection Fees, which remain non-refundable. 3. Return-Shipping Label

For all approved returns that require shipment, a Trainbid-issued return shipping label must be used. Trainbid will automatically generate and purchase the return label on behalf of the User initiating the return.

• • • • In Seller-fault Returns, the return label cost will be charged to the Seller’s payment method on file. If the Seller has sufficient funds in their Trainbid wallet that have not been cashed out, the label cost may instead be deducted from those funds. - In Buyer-fault Returns, the cost of the return shipping label will be deducted from the Buyer’s refund amount.

Failure to use the Trainbid-issued return shipping label may result in the return being rejected. Trainbid reserves the right to refuse reimbursement for any return shipped with a non-Trainbid label.

Trainbid reserves the right to evaluate the circumstances of each return and allocate responsibility accordingly. Sellers remain responsible for any Promotional Fees incurred on the original Listing regardless of the outcome of a return.

• 1. Claim It Cancellation and Refunds

For purchases made using the Claim It payment method:

• • 1. The 10% down payment is non-refundable if the Buyer: - Cancels the order before full payment; - Fails to complete remaining payments.

       2. The 10% deposit will be refunded in full if:
          • The Seller cancels the order;
          • The Buyer completes full payment but does not receive the Item;
          • The Buyer is granted a return under this Policy.

Please note that no cancellations are permitted once an Item has been marked “On the Way” or picked up locally. This applies regardless of the purchase method (Buy Now, Make Offer, Auction, or Claim It).

• 1. Refund Processing Timeline
     1. Refunds are issued only to the original payment method.
     2. Refunds are processed after Trainbid confirms:
        • Receipt and inspection of the returned Item, or
        • That the return was unnecessary under approved claim circumstances.
     3. If a Seller fails to respond within two (2) Business Days of confirmed return delivery, Trainbid will process the refund based on available evidence.
     4. Any refund-related fee liabilities owed by the Buyer may be deducted from future credits, refunds, or any other amounts due to the Buyer, at Trainbid’s discretion.
  2. Refund Completion and Third-Party Processing Delays
     Once a refund has been authorized by Trainbid, Buyers acknowledge that the completion and appearance of funds in the Buyer’s account are subject to the processing schedules of third-party providers, including Stripe and financial institutions. Refunds may take up to 7–10 business days after initiation. Trainbid is not liable for any delays or errors caused by these external parties.

Buyers agree to comply with all applicable laws and the terms of third-party payment processors. Any fees, penalties, or restrictions imposed by such providers are the sole responsibility of the Buyer. Trainbid disclaims liability for third-party actions, and Buyers must resolve such matters directly with the relevant provider.

Trainbid reserves the right to assess a non-refundable $15 administrative fee for dispute claims that, upon review, are determined to be frivolous, meritless, or where the Seller is clearly not at fault.

• 1. Dispute Resolution for Returns

If a return or refund is contested:

• • 1. Trainbid will review evidence submitted by both Parties. Acceptable evidence may include: - Photographs clearly showing the condition of the Item; - Serial numbers or product identifiers; - Timestamped unboxing or inspection videos; - Copies of messages between Buyer and Seller; - Delivery confirmation screenshots or carrier correspondence.

Trainbid reserves the right to request additional documentation or reject unverifiable evidence. Please note that claims submitted without sufficient proof may be denied.

• • 1. Both Buyer and Seller must respond to Trainbid communications within 48 hours; 2. Trainbid will issue a final and binding decision, which may include outcomes outlined below under ‘Dispute Resolution Outcomes’ provision.

    2. Dispute Resolution Outcomes

Trainbid may apply one of the following outcomes in the event of a return or dispute:

• • 1. Full Refund to Buyer: Buyer retains the refund; Seller keeps the returned Item; 2. Partial Refund: Buyer receives a reduced refund based on minor issues or restocking fees (up to 15% of the Transaction Fee); 3. Item Returned to Buyer: The returned item is sent back to the Buyer; Seller is refunded, minus applicable fees; 4. Full Refund to Seller: Seller retains the returned Item and is reimbursed, minus applicable Transaction Fee and Shipping Fees; 5. Platform Credits to Buyer: In lieu of a cash refund, Buyers may receive Platform Credits for the Transaction amount, less applicable fees; 6. Seller Fee Credits to Seller: Sellers may receive Seller Fee Credits when returned Items are unsellable, but the Buyer is still refunded; 7. Shared Responsibility: A partial refund or credit is issued if both parties share fault; 8. No Refund: In cases of fraudulent returns, no refund will be issued to the Buyer.

    2. Seller Fee Credits (When Applicable)

In certain circumstances, Trainbid may offer Seller Fee Credits in lieu of direct monetary compensation in return for dispute cases that are resolved in the Buyer’s favor.

Eligibility Criteria
To be considered for Seller Fee Credits, the Seller must meet all of the following:

• • 1. Maintain a positive Transaction history on the Platform; 2. Have no outstanding disputes or policy violations within the last six (6) months; 3. Hold an average feedback score of at least 4 out of 5 stars; 4. Demonstrate a consistent record of timely shipments and accurate Listings.

Additional Conditions

Seller Fee Credits may be issued in cases where:

• • 1. Seller Fee Credits are non-transferable, non-refundable, and may only be applied toward Trainbid’s Selling Fee; 2. Seller Fee Credits do not apply to other charges or fees, including but not limited to credit card processing fees, shipping label costs, or late shipment penalties; 3. Seller Fee Credits may be issued up to an amount equivalent to the Selling Fee associated with the returned Item; 4. Trainbid retains sole discretion in determining when Seller Fee Credits are offered; 5. Seller Fee Credits may be issued in cases where: - A return was made in good faith, yet the Seller incurred a loss. - The return dispute involves inconclusive evidence, and Trainbid determines that credit issuance would represent a fair outcome. - The Seller has demonstrated a consistently strong Transaction history.

    2. Returned Item Dispute Appeal Process

Sellers may request a formal appeal of Trainbid’s returned Item dispute resolution by submitting a written appeal and paying a non-refundable administrative fee of $10.

• • 1. The appeal must be filed within seven (7) calendar days of Trainbid’s initial decision and must include either new supporting evidence or a clear and compelling justification for reconsideration; 2. Trainbid may, at its sole discretion, reject appeals that are incomplete, frivolous, or lack substantive grounds. Appeals that do not meet the submission criteria are not eligible for refund of the administrative fee; 3. If the appeal is resolved in favor of the Seller, the $10 administrative fee will be refunded in full; 4. If the appeal is not resolved in favor of the Seller, Trainbid may, at its sole discretion, issue the administrative fee as Seller Fee Credits if it determines that the appeal was submitted in good faith; 5. Only one (1) appeal per dispute may be filed.

Trainbid’s dispute resolution team will review and issue a final decision within thirty (30) calendar days of receiving all required appeal documentation. All appeal decisions are final and binding.

• 1. Liability Disclaimer for Returned Item Dispute

Trainbid acts solely as a neutral facilitator in return and refund disputes. While Trainbid provides dispute resolution services, the Platform assumes no liability for any losses, damages, or disagreements arising from transactions conducted through the Platform.

Trainbid does not guarantee reimbursement beyond the terms and policies set forth herein. By using the Platform, Users agree to abide by Trainbid’s dispute resolution decisions and waive any right to pursue external claims relating to return disputes processed by Trainbid.

• 1. Return Abuse and Enforcement

Trainbid may deny returns or take enforcement action, including account suspension or termination, against any Buyer or Seller found to be:

• • 1. Abusing the return process; 2. Repeatedly filing fraudulent or bad-faith claims; 3. Refusing to cooperate with dispute resolution.

    2. Local Pick-Up Transactions

       1. Local Pick-Up Transactions are final and not eligible for Buyer or Seller Protection;
       2. No returns, refunds, or disputes will be mediated by Trainbid for Local-Pick-up Transactions;
       3. Payouts will be disbursed five calendar days after purchase unless a Buyer raises a complaint within that timeframe.
       4. Risk and No Mediation Clause

All Local Pick-Up Transactions are conducted at the sole risk of the Buyer and Seller. Trainbid does not mediate disputes, process refunds, or guarantee Item condition, safety, or delivery. By opting for Local Pick-Up, both Parties explicitly waive any right to dispute, escalate, or involve Trainbid in the Transaction outcome.

• 1. Termination and Final Obligations

Account closure or termination does not eliminate outstanding financial obligations. Trainbid reserves the right to pursue recovery of any owed amounts after termination.

Shipping, Delivery and Risk of Loss Policy

This Shipping, Delivery, and Risk of Loss Policy governs Seller and Buyer responsibilities related to the shipment and delivery of Items purchased through Trainbid. By using the Platform, all Users agree to comply with this Policy.

• 1. Seller Obligations for Shipping
     1. Sellers must ship sold Items within three (3) Business Days of sale confirmation;
     2. Sellers must securely package Items to minimize the risk of damage during transit;
     3. Sellers are responsible for providing valid tracking information once the Item has been dispatched;
     4. Sellers must use a reputable shipping carrier that provides tracking and delivery confirmation;
     5. Sellers are responsible for compliance with carrier regulations and Trainbid shipping policies.
  2. Trainbid-Issued Shipping Labels
     1. If the Seller selects to use a Trainbid-issued shipping label, the cost will be deducted from the Seller's payout;
     2. Shipping labels include insurance coverage ranging from $100 to $1,000 USD for the Item value (excluding shipping costs);
     3. Trainbid is not responsible for carrier delays, errors, or lost shipments.
  3. Sellers Using Their Own Shipping Methods

Sellers who opt not to use a Trainbid-issued shipping label must:

• • 1. Retain verifiable proof of shipment and carrier acceptance for each order, to be provided upon request in the event of a dispute; 2. Manually upload valid tracking information to the Trainbid dashboard within the required shipping timeframe; 3. Acknowledge that failure to upload valid tracking data may result in delayed or withheld payouts; 4. Accept full responsibility for lost, delayed, or undelivered Items when using independent shipping services, including liability for related Buyer claims or chargebacks.

    2. Prohibited Shipping Practices

       1. Sellers must not ship Items until Trainbid has confirmed that payment has been successfully processed and shipment authorization has been issued to the Seller. For the avoidance of doubt, Sellers must not ship Items purchased through “Claim It” until the Buyer has completed full payment and Trainbid has issued shipment authorization. Sellers who ship Claim It Items prematurely assume full liability for any loss or non-delivery. Trainbid will not release funds or mediate disputes for Items shipped in violation of this policy;
       2. Sellers must not circumvent Trainbid’s shipping or payment processes by entering into unauthorized off-Platform arrangements with Buyers;
       3. Sellers are prohibited from misrepresenting shipping dates or falsifying tracking data.

    3. Delivery Confirmation and Buyer Responsibilities

       1. Delivery is deemed completed once the shipping carrier confirms delivery to the Buyer’s provided address. However, this confirmation does not guarantee release of funds to the Seller. Payouts remain subject to Trainbid’s payment release rules and any applicable Buyer dispute windows;
       2. Buyers are responsible for ensuring that their shipping information is accurate at the time of purchase;
       3. Once an Item is marked as delivered by the carrier to the Buyer’s specified address, Trainbid and the Seller shall have no further responsibility for loss, theft, or damage occurring thereafter. Buyers are responsible for ensuring their delivery address is accurate and for retrieving packages in a timely and secure manner.
       4. For shipments sent to a carrier hold location or customer pickup location at the Buyer’s request, the order is considered delivered when the carrier marks the package Available for Pickup, Ready for Pickup, or an equivalent status.

    4. Risk of Loss and Insurance

       1. Risk of loss transfers to the Buyer once the Item is marked as delivered by the shipping carrier, provided the Seller has complied with all shipping obligations, including accurate labeling, packaging, and use of the correct address;
       2. Sellers are responsible for any loss or damage until the delivery is confirmed;
       3. If Trainbid-issued shipping labels are used and the Item is lost or damaged before confirmed delivery, the Seller is responsible for filing any applicable insurance claims directly with the shipping carrier. Trainbid does not mediate or submit claims on the Seller’s behalf but may provide reasonable assistance where possible;
       4. Trainbid is not responsible for resolving insurance claims, but may provide reasonable assistance.

    5. Limitation of Liability for Shipping

Trainbid acts solely as a Platform facilitator and is not a party to any shipping or delivery contract between Buyers, Sellers, or third-party carriers. Trainbid assumes no responsibility for loss, theft, misdelivery, damage, or delay of Items during transit.

Trainbid disclaims all liability for any errors or failures by shipping carriers, including but not limited to incorrect delivery, damage in transit, delays, or failure to scan tracking information. To the fullest extent permitted by law, Buyers and Sellers expressly waive any claims against Trainbid for losses related to shipping once an Item has been transferred to the carrier, except to the extent such losses are covered by carrier-provided insurance. Trainbid may assist Sellers with insurance claim processes where appropriate, but is not responsible for filing or ensuring claim outcomes.

• 1. Shipping Delays and Remedies
     1. Failure to meet the three (3) Business Day shipping deadline may result in enforcement actions and Late Shipping Fees;
     2. Repeated delays may result in account penalties, including increased fees, listing restrictions, or suspension.
  2. Local Pick-Up Transactions
     1. For sales designated as Local Pick-Up Transactions, Sellers and Buyers must arrange the exchange directly;
     2. Trainbid does not provide Buyer or Seller Protection for Local Pick-Up Transactions;
     3. No refunds, returns, or disputes will be mediated by Trainbid for Local Pick-Up Transactions;
     4. Funds from Local Pick-Up sales will be disbursed to Sellers five (5) calendar days after purchase unless a dispute is filed.
  3. Shipping Label Adjustments

Sellers who opt for Trainbid-issued shipping labels are subject to the Trainbid’s shipping cost and adjustment procedures. See Payment and Billing Section 10.6 (“Shipping Label Adjustments”) for full details.

User Disputes

• 1. General Dispute Policy

Trainbid encourages Users to resolve disagreements directly with one another in a professional and respectful manner. In the event of a dispute between Users or with a third party, Users are encouraged to contact the other Party to seek a resolution. Users may also report unlawful activity to local authorities or pursue independent legal remedies, including certified mediation or arbitration, where applicable.

• 1. Limited Role of Trainbid

Trainbid is not a party to any Transaction or agreement between Users and assumes no responsibility to mediate, resolve, or enforce any private disputes. While Trainbid may, in its sole discretion, offer limited assistance in resolving disputes, such intervention is not guaranteed and Trainbid is under no obligation to act on behalf of any Party. Any resolution offered by Trainbid shall be considered final and binding.

• 1. No Agency or Fiduciary Relationship

Users expressly acknowledge that Trainbid does not act as an agent, fiduciary, mediator, or legal representative for any User. There is no duty of care, trust, or special relationship created between Trainbid and any User in connection with disputes or Platform usage.

• 1. Waiver of Claims

By using the Platform, Users waive and release Trainbid, its officers, employees, agents, affiliates, partners, and service providers from all claims, liabilities, and damages (actual or consequential, known or unknown) arising out of or related to any disputes with other Users or third parties, including but not limited to Transactions, communications, Listings, or conduct outside Trainbid’s control.

• 1. Trainbid’s Right to Decline Involvement

Trainbid reserves the right to decline involvement in any dispute for any reason and at its sole discretion, without the obligation to provide an explanation. Users agree not to rely on Trainbid for dispute resolution and accept full responsibility for their conduct and agreements with others on or off the Platform.

User Content Policy

This User Content Policy governs all content submitted, uploaded, posted, or otherwise made available by Users on the Trainbid Platform. “User Content” includes, but is not limited to, photographs, videos, descriptions, Listings, usernames, messages, reviews, graphics, and other such content uploaded by Buyers or Sellers. By using Trainbid, you agree to comply fully with this User Content Policy and all applicable laws related to intellectual property, content integrity, and digital rights.

• 1. Ownership and Responsibility

Users retain full ownership of the intellectual property rights in and to their User Content. However, by submitting or posting any User Content on the Platform, you represent and warrant that you are either the sole creator and rights holder of the submitted content or that you have obtained all necessary rights, licenses, consents, and permissions to do so and to grant Trainbid the rights outlined in Section 13.2 ‘License Grant to Trainbid’. You further represent and warrant that your User Content does not infringe upon or violate any third party’s intellectual property rights, including copyrights, trademarks, trade secrets, or rights of publicity or privacy. Additionally, your content must comply with all applicable laws and Trainbid policies, and must not contain any material that is false, misleading, defamatory, obscene, harassing, abusive, or otherwise unlawful.

• 1. License Grant to Trainbid

By posting or submitting User Content, you grant Trainbid and its affiliates a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, sublicensable, and transferable license to:

• • 1. Host, use, store, reproduce, adapt (for formatting or technical purposes), publish, translate, distribute, publicly perform, and publicly display your User Content; 2. Create derivative works from your User Content; 3. Use your name, likeness, and associated information in connection with the promotion, operation, or marketing of the Platform and its Services, in any format now known or later developed. This license includes, without limitation, the exercise of any and all associated intellectual property rights, including copyrights, trademarks, database rights, and moral rights (to the fullest extent permitted by applicable law).

This license remains in force even if you later remove or delete the User Content from the Platform. You waive all moral rights in and to your User Content to the fullest extent permitted by applicable law, including any right to enforce your intellectual property claims against Trainbid, its sublicensees, affiliates, or assignees.

You understand and accept that all Listings, usernames, and other content displayed publicly through the Platform is non-confidential and may be accessed, shared, or indexed by other Users and third parties. Once made public, Trainbid cannot control the downstream use, sharing, or redistribution of such User Content by external platforms, search engines, aggregators, or AI models. Trainbid disclaims all responsibility and liability for the continued visibility, indexing, or distribution of User Content by third parties beyond its systems.

• 1. User Responsibility for Backups

While Trainbid maintains commercial-grade security measures and Platform integrity, Users are solely responsible for maintaining their own backups of User Content. Trainbid disclaims all liability for:

• • 1. Any loss, corruption, deletion, or failure to store User Content; 2. Any damages arising from accidental or unauthorized access to such content.

    2. Prohibited Content

Users are strictly prohibited from submitting User Content that:

• • 1. Infringes upon or misuses copyrighted materials, trademarks, logos, or intellectual property they do not own; 2. Includes unauthorized reproductions of product photos from manufacturer or competitor websites; 3. Depicts illegal or offensive material; 4. Misleads or deceives potential Buyers; 5. Contains malware, scripts, or code intended to disrupt the Platform; 6. Violates any applicable laws, including consumer protection, false advertising, or IP enforcement.

Trainbid reserves the right, but not the obligation, to monitor, remove, restrict access to, or permanently delete any User Content that violates this Policy, any law, or poses a reputational or legal risk.

• 1. Copyright Infringement and DMCA Compliance

Trainbid complies with the Digital Millennium Copyright Act (“DMCA”) and international copyright law. If you believe that User Content on the Platform infringes your intellectual property rights, please send a written takedown notice to: Legal@trainbid.com with the subject line “Copyright Infringement Notice.”

DMCA Agent Contact Information
Trainbid Legal Department
Email: copyright@trainbid.com
Mailing Address: Trainbid LLC
[INSERT ADDRESS]

Your notice must include:

• A description of the copyrighted work claimed to be infringed;
• Identification of the allegedly infringing content, including specific URLs or references;
• Your full legal name, address, email, and telephone number;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A declaration under penalty of perjury that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf;
• Your physical or electronic signature.

Trainbid may suspend or terminate the accounts of Users who repeatedly violate intellectual property rights.

Counter-Notice Procedure
If your User Content is removed due to a copyright complaint and you believe this was done in error or misidentification, you may submit a counter-notice to legal@trainbid.com with the subject line “Counter-Notice.” Your notice must include:

• A description of the content that was removed and its prior location on the Platform such as the URL;
• A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
• Your full legal name, mailing address, email address, and telephone number;
• A statement that you consent to the jurisdiction of the federal district court in your district (or the [INSERT RELEVANT DISTRICT] District of California if you are located outside the United States); and
• Your physical or electronic signature.

Upon receiving a valid counter-notice, Trainbid may restore the removed content unless the original complainant notifies Trainbid within 10 business days that they have filed a legal action seeking a court order to restrain the allegedly infringing activity.

False Claims

Users who knowingly submit false or fraudulent intellectual property complaints may be held liable for damages, including legal fees and costs incurred by Trainbid and affected Users. Trainbid reserves the right to take legal action or recover costs from Users who misuse the takedown or counter-notice process.

Liability and Indemnification

Trainbid does not assume liability for any intellectual property infringement committed by Users. All responsibility for such content remains with the User who submitted it. Users agree to indemnify, defend, and hold harmless Trainbid, its officers, directors, employees, and affiliates from any claims, damages, or liabilities arising out of or related to their submitted content, including claims of copyright, trademark, or other intellectual property violations.

• 1. No Obligation to Monitor

Trainbid is not obligated to pre-screen, review, or moderate User Content. However, it reserves the right to:

• • 1. Remove, hide, or restrict User Content at any time and for any reason; 2. Modify Listings for clarity, formatting, or compliance; 3. Suspend or ban Users who repeatedly submit infringing or abusive content.

The failure of Trainbid to take action in a specific instance does not waive its rights in future cases.

• 1. Third-Party Content Disclaimer

The Platform may contain content submitted by Users or other third parties. Trainbid makes no representations or warranties about the accuracy, reliability, legality, or authenticity of such content. You assume full responsibility for evaluating, verifying, and relying upon any User Content you interact with. Trainbid disclaims all liability for losses, harm, or disputes resulting from your use of or reliance on any User Content displayed through the Platform.

• 1. Indemnification for Content-Related Claims

You agree to indemnify, defend, and hold harmless Trainbid, its officers, directors, affiliates, employees, and contractors from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• • 1. Your User Content; 2. Your violation of this Policy; 3. Any alleged or actual infringement of a third-party right (including intellectual property, publicity, or privacy rights).

    2. Policy Updates

Trainbid reserves the right to modify, amend, or update this User Content Policy at any time, including to reflect changes in laws, Platform operations, or user needs. Updated versions will be posted on the Platform. Continued use of Trainbid after such changes constitutes your agreement to the revised policy.

Intellectual Property

• 1. Platform Ownership

All content, features, and functionality available through the Trainbid Platform, including but not limited to the Website, Apps, APIs, software, databases, logos, designs, trademarks, text, graphics, videos, audio clips, interfaces, and code (collectively, “Platform Content”), are the property of Trainbid LLC or its licensors. Such content is protected by U.S. and international intellectual property laws, including but not limited to copyright, trademark, and database rights. All intellectual property described in this clause applies equally to Trainbid LLC’s operations conducted under the name "Hobbybid." This includes, without limitation, proprietary software, source code, algorithms, business methods, APIs, databases, user interfaces, documentation, and other related materials.

Except as expressly authorized by Trainbid in writing, you may not copy, modify, reproduce, distribute, transmit, display, perform, or create derivative works from any part of the Platform Content. Unauthorized use of the Platform Content is strictly prohibited and may result in civil or criminal penalties. Subject to your compliance with these Terms and Conditions, Trainbid grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform and Platform Content solely for your personal or internal business use in connection with lawful activities on the Platform. No other rights are granted or implied. You acquire no ownership rights by accessing or using the Platform Content. Nothing in these Terms shall be construed as a sale, transfer, or assignment of any intellectual property rights in the Platform or Platform Content.

You agree not to copy, adapt, reverse engineer, disassemble, decompile, modify, or create derivative works based on the Platform or any part thereof, or remove any proprietary rights notices, except as expressly permitted under applicable law.

You acknowledge that any unauthorized use or disclosure of Trainbid’s intellectual property or Platform Content may cause irreparable harm that cannot be adequately remedied by monetary damages alone. Accordingly, Trainbid reserves the right to seek injunctive relief or other equitable remedies in any jurisdiction to prevent or address such misuse, in addition to pursuing all other legal rights and remedies available under law.

• 1. User Content and IP Warranties

All User Content is governed by the ‘User Content Policy’ (Section 13). Users retain ownership of their content but must ensure that all submissions comply with applicable intellectual property laws. Users represent and warrant that they have the rights to upload such content and that doing so does not infringe upon any third party’s rights. Trainbid disclaims liability for the legality, originality, or accuracy of User Content. Responsibility for compliance with copyright, trademark, and related laws rests solely with the submitting User.

• 1. Copyright Infringement and DMCA Compliance

Trainbid complies with the U.S. Digital Millennium Copyright Act (DMCA) and similar international frameworks. If you believe content on the Platform infringes your rights, you may submit a takedown notice to: legal@trainbid.com along with:

• A description of the copyrighted work you claim has been infringed;
• Identification of the infringing content, including the specific URL or listing reference;
• Your full name, mailing address, phone number, and email address;
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A declaration under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf;
• Your physical or electronic signature.

Upon receiving a valid notice, Trainbid will promptly investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing content.

• 1. Repeat Infringer Policy

Trainbid may suspend or terminate accounts of Users who repeatedly upload infringing content. A “repeat infringer” is defined as a User subject to more than one valid takedown notice within any 12-month period.

• 1. Trademark Usage

“Trainbid”, “Hobbybid”, and associated logos, trade dress, and brand names are trademarks or registered trademarks of Trainbid LLC. Use of Trainbid’s trademarks or brand assets in a way that suggests affiliation, sponsorship, or endorsement is strictly prohibited unless expressly authorized in writing. Use of Trainbid’s trademarks or brand assets in a way that suggests affiliation, sponsorship, or endorsement is strictly prohibited unless expressly authorized in writing.

You may not use these marks without Trainbid’s prior written consent. All other trademarks and service marks referenced on the Platform are the property of their respective owners. Use of those marks does not imply endorsement, affiliation, or sponsorship unless expressly stated.

Trainbid reserves the right to remove any Listing, content, or User account that infringes upon a trademark or is likely to confuse or mislead Buyers.

• 1. Indemnification

For intellectual property-related claims involving User Content, including Listings, images, and store branding, Users agree to the indemnification terms outlined in User Content Policy (Section 13) of these Terms and Conditions. These obligations apply fully to any claims arising from infringement or misappropriation of third-party rights.

• 1. No Agency, Partnership, or Endorsement

Nothing in these Terms shall be construed as creating an agency, partnership, or endorsement relationship between Trainbid and any User. Trainbid does not certify the authenticity or legality of any Listing, brand, or image used by Sellers.

Advertisement Services

Trainbid offers optional Advertisement services to enhance the visibility of Listings, brands, or content on the Platform. These services may include, but are not limited to, featured placements, promotional rankings, and other marketing formats made available through Trainbid's user interface or Seller dashboard.

• 1. Eligibility and Participation

Only registered Sellers in good standing may participate in Trainbid’s Advertisement services. Trainbid reserves the right, at its sole discretion, to approve, reject, suspend, or revoke advertising privileges at any time and for any reason, including violations of this Agreement, low performance ratings, or prohibited conduct.

• 1. Advertisement Content and Seller Responsibilities

By submitting content for Advertisements, Sellers represent and warrant that:

• They are the lawful owner or authorized licensee of the content used in the Advertisement;
• The content is not false, misleading, defamatory, obscene, or otherwise unlawful;
• The Advertisement complies with all applicable laws, including intellectual property, advertising, and consumer protection laws;
• The content does not infringe any copyright, trademark, trade secret, publicity, or privacy rights of any third party.

Sellers remain solely responsible for the accuracy, legality, and appropriateness of the content promoted. Trainbid may, at its discretion, reject, modify, or remove any Advertisement that violates this Agreement or poses a legal or reputational risk.

Trainbid retains sole editorial control over the format, placement, ranking, duration, and display of Advertisements. Sellers acknowledge that the submission of Advertisement content does not guarantee any particular placement, position, or prominence on the Platform or elsewhere.

Furthermore, Trainbid reserves the right to request substantiation or documentation to verify any factual claims, pricing, or comparative statements made in an Advertisement. Failure to provide such substantiation may result in ad removal or suspension.

• 1. Fees, Billing, and Refunds

Promotional Fees will be displayed at the time of purchase and are automatically deducted from the Seller’s payout balance. Unless required by law, all Promotional Fees are non-refundable, regardless of Advertisement performance, cancellation, or Seller account status.

Trainbid may update its Promotional Fee structure from time to time, with notice provided through the Platform. Continued use of advertising services after such updates constitutes acceptance of the revised pricing.

• 1. No Guarantee of Results

Trainbid does not guarantee any specific outcome from the use of Advertisements, including views, impressions, clicks, leads, traffic, or sales. Sellers acknowledge that Advertisement performance depends on multiple factors, including market conditions and competition, Buyer behavior, and Platform algorithms. Trainbid shall not be liable for underperformance or unmet expectations. The inclusion or approval of an Advertisement on the Platform does not constitute an endorsement or recommendation by Trainbid. Sellers are solely responsible for all claims made in their Advertisements.

To the fullest extent permitted by law, Trainbid shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use Advertisement services, including lost profits, lost data, or business interruption.

• 1. Intellectual Property License for Advertisement Content

By submitting any content for Advertisement, the Seller grants Trainbid a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and publish such content for advertising purposes on and off the Platform, including in Trainbid's emails, social media, and partner integrations. This license continues for the duration of the Advertisement and for a reasonable period thereafter in connection with archived or cached materials. Sellers acknowledge that Advertisements may remain viewable for a reasonable time after expiration due to system caching, historical archiving, partner visibility, or backup processes. Trainbid disclaims any obligation to remove such content from third-party or cached views.

• 1. Suspension and Termination of Advertisement Services

Trainbid may suspend or permanently disable advertising services for any Seller who:

• Violates this Agreement;
• Promotes prohibited Items or misleading Listings;
• Attempts to manipulate Platform visibility or ranking;
• Engages in abusive, harassing, or unlawful behavior.

Such enforcement may occur without notice and without liability for any losses arising from the suspension or removal of Advertisements.

• 1. Listing Visibility and Placement

Trainbid retains sole and absolute discretion over factors influencing the visibility, ranking, and placement of Listings within the Platform. These factors may include, but are not limited to:

• • 1. Buyer attributes such as geographic location, search queries, browsing behavior, engagement, and past purchase history; 2. Item characteristics such as Listing price, auction vs. “Buy Now” format, shipping terms, Item category, and competitive demand; 3. Seller performance metrics such as feedback ratings, defect rates, transaction volume, order fulfillment speed, and adherence to Trainbid’s platform policies.

Trainbid reserves the right, at its sole discretion, to:

• • 1. Modify or suppress Listing rankings for any reason, including Seller performance concerns; 2. Exclude duplicate Listings to prevent marketplace saturation; 3. Adjust visibility rankings dynamically, including prioritizing listings with higher platform engagement or buyer demand; 4. Remove or modify embedded metatags, keywords, or external URLs in Listings if deemed non-compliant; 5. Display third-party advertisements alongside Seller Listings without compensation to the Seller.

Sellers expressly acknowledge that Listing visibility, search ranking, and promotional opportunities are not guaranteed, and Trainbid bears no liability for variations in Listing performance or exposure.

• 1. Self-Serve Listing Enhancements

Sellers may access optional Advertisement features such as Bold Titles, Homepage placements, and Pinned Listings directly from their Seller dashboard. These tools are billed as one-time or daily-recurring Promotional Fees and are subject to the same terms, disclaimers, and billing policies outlined in this ‘Advertisement Services’ (Section 15). These features fall under Trainbid’s Advertisement Services and are subject to all applicable conditions herein, including billing terms, performance disclaimers, and enforcement rights.

By using these promotional tools, Sellers agree to the following:

• • 1. Promotional tools may be billed as one-time fees or daily recurring charges. Charges will accrue until the feature is deactivated or the Item is sold. All fees are non-refundable; 2. Promotional options do not guarantee views, engagement, or sales. They are offered on an “AS-IS” basis and may be affected by Platform changes, Buyer behavior, or system outages; 3. Sellers authorize Trainbid to deduct promotional charges from their wallet or saved payment method. If the payment method fails, Trainbid may suspend related services until payment is resolved; 4. Sellers may not misuse promotional tools to circumvent fees, promote prohibited Items, or manipulate Platform visibility. Misuse may result in removal of Listings, loss of selling privileges, account suspension, or other enforcement actions under this Agreement; 5. Trainbid reserves the right to charge any accrued Promotional Fees if a feature remains active for 30 days or more without cancellation or sale; 6. Featured placement does not constitute endorsement by Trainbid. No specific position, prominence, or visibility level is guaranteed; 7. Trainbid reserves the right to modify, expand, limit, or discontinue any promotional features at any time. Pricing is subject to change with at least 24 hours’ notice.

Termination and Suspension of User Accounts

• 1. Right to Suspend or Terminate User Account

Trainbid LLC reserves the right, at its sole discretion, to suspend, deactivate, restrict, or permanently terminate any User Account, without prior notice, for any reason including but not limited to:

• • 1. Violation of these Terms and Conditions or any of Trainbid’s incorporated policies; 2. Suspected or confirmed fraudulent activity, misrepresentation, or unauthorized use of the Platform; 3. Repeated late shipments, poor Transaction performance, or excessive Buyer complaints; 4. Attempts to conduct Transactions Off-Platform to circumvent Transaction Fees; 5. Use of false, misleading, or incomplete User Account or Listing information; 6. Failure to maintain a valid payment method or to settle outstanding debts owed to Trainbid; 7. Abuse of chargebacks, disputes, or refund mechanisms; 8. Threats to Platform integrity, misuse of Buyer or Seller data, or security breaches.

    2. Effect of Account Termination

Upon termination of an account:

• • 1. The user remains liable for any unpaid fees, penalties, chargebacks, refunds, or costs incurred prior to the User Account closure. 2. Trainbid may, in its sole discretion, permanently withhold funds in the User’s account to cover potential disputes, chargebacks, or enforcement costs, especially in cases involving suspected fraud or policy violations. 3. All fees paid to Trainbid, including Listing fees, Promotional Fees, and Transaction Fees, are non-refundable, even if an account is terminated. 4. Users forfeit access to their User Account, associated data, pending Transactions, and any promotional or credit balances.

    2. Right to Refuse Reinstatement

Trainbid is under no obligation to reinstate suspended or terminated accounts. Users who violate this Agreement may be permanently barred from rejoining under the same or a different identity. Trainbid also reserves the right to refuse service or access to any person or entity that poses a risk to the Platform’s integrity or other users.

• 1. No Liability for Termination

Trainbid shall not be liable for any losses, damages, loss of business, or harm resulting from the suspension or termination of a User Account, including reputational harm, disruption of business, or loss of data. By using Trainbid, users waive any claims arising from such actions.

• 1. Appeals Process

Users whose accounts have been suspended or terminated may submit a written appeal to support@trainbid.com within 14 calendar days of receiving the suspension notice. The appeal must include:

• The user’s full name and Trainbid account email;
• A detailed explanation of why the suspension was unwarranted or incorrect;
• Any supporting evidence such as screenshots, correspondence, or Transaction history.

Trainbid will review the appeal in good faith and issue a response within 15 business days, unless additional investigation is required. Trainbid reserves the right to uphold, modify, or reverse its original enforcement decision.

All appeal decisions made by Trainbid are final and binding, and users waive any further claim to reinstatement once a final decision has been communicated.

Disclaimers and Limitation of Liability

• 1. Trainbid provides its Platform and Services strictly on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. To the fullest extent permitted by law, Trainbid disclaims all representations and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation.
  2. Trainbid does not warrant that the Platform will be secure, timely, uninterrupted, error-free, virus-free, or that any defects will be corrected. You acknowledge that your use of the Platform and Services is at your own risk. This disclaimer applies even if content, functionality, or services were accessed through recommendations, guidance, or statements by Trainbid representatives.
  3. No Guarantee of Continuous Service

Trainbid does not guarantee continuous, uninterrupted, or error-free access to the Platform or Services. Performance may be affected by factors outside Trainbid’s control, including but not limited to acts of government, system outages, cyberattacks, or failures by third-party providers such as payment processors and shipping carriers. Trainbid disclaims all service level guarantees and assumes no liability for interruptions or delays in access. Violations of this provision may result in corrective actions including suspension or termination of access, and Trainbid reserves the right to pursue all remedies available under law, including injunctive relief and recovery of costs. To the maximum extent permitted by law, Trainbid shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of data, business interruption, reputational harm, or financial losses related to the use or inability to use the Platform, regardless of the cause and even if Trainbid has been advised of the possibility of such damages.

• 1. No Warranty for Listings, Users, or Transactions

Trainbid acts solely as a neutral venue connecting Buyers and Sellers. We do not control or guarantee:

• • 1. The quality, safety, authenticity, legality, or condition of Items listed; 2. The accuracy or truthfulness of any User Content; 3. The ability of Sellers to sell Items or Buyers to pay for them; 4. That Transactions will be completed; 5. That disputes will be resolved satisfactorily.

Users are solely responsible for evaluating and verifying the legitimacy of other Users, User Content, and Transactions. Trainbid expressly disclaims liability for any losses or damages arising from failed Transactions, disputes between Users, fraudulent activity, or user misrepresentation.

• 1. Limitation of Damages

To the maximum extent permitted by applicable law, Trainbid shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to:

• • 1. Loss of profits, business, goodwill, data, or reputation; 2. Business interruption or system failure; 3. Damages resulting from unauthorized access to or use of your User Account; 4. Issues arising from data breaches, hacking, phishing, malware, or third-party access, even if Trainbid was advised of the possibility of such damages.

The arbitrator or court may only award direct, actual damages. Punitive, consequential, incidental, or indirect damages are not permitted unless required by law.

• 1. Maximum Liability Cap

In no event shall Trainbid’s total cumulative liability to you exceed the total amount you paid to Trainbid for the Services during the twelve (12) months immediately preceding the event giving rise to the claim. If you have paid no such fees, your sole remedy is to stop using the Platform. This limitation applies to all claims, whether based on contract, tort, negligence, strict liability, or any other legal theory.

• 1. Third-Party Services and Integrations

Trainbid integrates with third-party providers such as payment processors (Stripe), shipping providers, and content providers. You acknowledge that:

• • 1. These third parties are not controlled by Trainbid; 2. Trainbid is not liable for the accuracy, availability, legality, or security of third-party content or services; 3. You are solely responsible for reviewing and complying with third-party terms and policies.

Trainbid disclaims all responsibility for data breaches, service failures, or damages arising from third-party integrations. This includes misuse of personal or Transaction-related information by external parties such as Sellers or service providers.

• 1. User Content and Conduct Risks

Trainbid does not pre-screen all User Content and cannot guarantee that User Content will be accurate, lawful, or non-deceptive. By using the Platform, you acknowledge the risk of encountering inaccurate, offensive, or misleading material and agree that Trainbid assumes no liability for User behavior or User Content.

• 1. Financial Disputes and Chargebacks

Trainbid is not liable for any chargebacks, payment disputes, or financial losses resulting from User-initiated reversals or third-party payment processor decisions. Sellers agree that any costs associated with such disputes (including any fees and penalties) may be deducted from their payouts or charged to their payment method.

• 1. Account Termination and Withheld Funds

Trainbid reserves the right to suspend or terminate User Accounts at its sole discretion, including withholding or forfeiting funds in cases of fraud, policy violations, or risk to the Platform. Users waive all claims against Trainbid for any resulting damages, delays, or withheld amounts.

• 1. Auction Disclaimers and Limitations of Buyer Liability
     1. Auction-Specific Disclaimers
        Trainbid strives to maintain the integrity and reliability of its auction system; however, the Platform makes no guarantees as to uninterrupted performance. By participating in Auctions, Buyers acknowledge and accept the following limitations:
        • Fraudulent Activity: While Trainbid employs fraud prevention protocols, the Platform shall not be liable for losses arising from fraudulent bidding, coordinated bidding practices, collusion, or other conduct that artificially inflates Auction prices;
        • Auction Delays and System Failures: Trainbid shall not be responsible for technical interruptions, delays in bid registration or processing, or failures in Auction performance. Trainbid disclaims all liability for outcomes affected by such disruptions.
     2. Indemnification by Buyers
        Buyers agree to indemnify, defend, and hold harmless Trainbid, its affiliates, officers, and employees from and against all claims, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of:
• Misuse of the Platform or Services;
• Violation of any applicable law, regulation, or Trainbid policy;
• Fraudulent activity or collusive behavior conducted through the Buyer’s account.
  • 1. Limitation of Liability for Buyers
       To the fullest extent permitted by law, and notwithstanding any other provision of these Terms, Trainbid’s total cumulative liability to any Buyer shall be limited as follows: - Disputed Fees: Liability shall not exceed the total amount of Fees paid by the Buyer to Trainbid in the twelve (12) months preceding the event giving rise to the claim. - Maximum Cap: Under no circumstances shall Trainbid’s liability exceed one hundred U.S. dollars (USD $100).

This limitation expressly includes, without limitation, any losses associated with the use of Trainbid-provided shipping labels through third-party partners. By using Trainbid, Buyers acknowledge and accept this limitation as a material condition of access to the Platform.

• 1. Force Majeure

Trainbid shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, labor strikes, government orders, or technical failures.

• 1. Indemnification

You agree to indemnify, defend, and hold harmless Trainbid and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and costs (including legal fees) arising out of:

• • 1. Your use of the Platform; 2. Your violation of these Terms; 3. Your breach of any law or third-party rights; 4. Your content or interactions on the Platform.

Arbitration and Dispute Resolution

• 1. Scope of this Arbitration Agreement

This Arbitration Agreement applies to all disputes, claims, or controversies of any kind arising out of or relating to your access to or use of the Platform and Services, or any communications you receive from Trainbid, regardless of the date of occurrence. This includes, but is not limited to:

• • 1. Claims relating to your Trainbid account, Transactions, Listings, purchases, sales, payments, refunds, returns, shipping, and communication between Users; 2. Alleged breaches of this Agreement; 3. Consumer protection, privacy, advertising, and data use claims; 4. Disputes relating to Trainbid's operational decisions, suspensions, or account terminations.

This clause applies to claims against Trainbid LLC, its affiliates, officers, directors, employees, contractors, representatives, and successors.

Third-Party Claims Prohibited

This Arbitration Agreement applies only to disputes between you and Trainbid. You agree not to attempt to include Trainbid in disputes between you and any third party, including but not limited to other Users, payment processors, shipping or logistics providers, third-party vendors, or service providers. Claims involving third-party beneficiaries or indemnification demands from such entities are not covered by this Arbitration Agreement and must be resolved independently of Trainbid.

• 1. Encouragement of Small Claims Resolution

Trainbid encourages Users with eligible low-value disputes to consider resolving their claims through Small Claims Court, where permitted by law. Small Claims Court offers a faster, more cost-effective forum for resolving disputes without the need for formal legal representation or extended proceedings.

To qualify, the dispute must:

• • 1. Seek only monetary relief not exceeding the jurisdictional limit of the applicable Small Claims Court; 2. Be filed individually (not as part of a group or coordinated action); 3. Be filed in Pasadena, California, or the California county where Trainbid is headquartered at the time of filing; 4. Not request injunctive or declaratory relief.

Users acknowledge and agree that Trainbid’s business operations are centralized in California and that the selection of Pasadena, California, or the county of Trainbid’s headquarters as the exclusive venue for Small Claims disputes is reasonable, fair, and necessary to ensure consistent legal resolution of claims.

If a User meets these criteria, Trainbid will not compel arbitration. However, claims that exceed these limitations, seek non-monetary relief, or are filed in coordination with other users may be subject to mandatory arbitration as outlined in this Agreement.

• 1. Claims Not Subject to Arbitration

The following types of claims are not subject to arbitration and may be pursued in a court of competent jurisdiction:

• • 1. Claims seeking temporary or permanent injunctive relief (including claims to protect intellectual property, enforce privacy or data rights, or prevent Platform misuse); 2. Claims arising under the Digital Millennium Copyright Act (DMCA) or related IP takedown procedures; 3. Individual Small Claims Court cases that meet the eligibility criteria outlined above; 4. Any claim where arbitration is prohibited under applicable California law; 5. Claims seeking public injunctive relief under California law, to the extent such relief is non-arbitrable by law.

The initiating party must provide written notice to the other party at least thirty (30) calendar days prior to filing a Small Claims action. If the claim does not meet the procedural or monetary requirements of Small Claims Court, it must proceed in arbitration under this Agreement.

• 1. Right to Seek Equitable Relief

Trainbid retains the right to seek immediate injunctive or other equitable relief in any court of competent jurisdiction for matters involving:

• • 1. Violation of Trainbid’s intellectual property rights; 2. Actual or threatened breach of this Agreement; 3. Unauthorized use of the Platform or Services; 4. Any activity posing a risk to Trainbid’s operations, brand, users, or legal compliance.

Such actions are not subject to arbitration and may proceed in court without delay.

• 1. Informal Resolution Requirement

Before initiating any formal proceedings, you and Trainbid agree to first attempt to resolve any dispute informally. To initiate, you must send a written notice of dispute to:

Trainbid LLC
Attention: Legal Department
[INSERT ADDRESS]

All notices of dispute must be sent via certified mail.

Email: [legal@trainbid.com]

This notice must:

• • 1. Include your name, address, contact information, Trainbid username, and a detailed description of the issue; 2. State your desired resolution; 3. Include relevant documentation, if available.

Trainbid will respond within 30 days. Both parties agree to engage in a good faith negotiation period of at least 60 calendar days before filing for arbitration or litigation. No arbitration or legal proceeding may be initiated until the 60 day informal resolution process is completed. Trainbid reserves the right to determine whether this condition has been met in good faith. Any settlement offers made during the informal resolution process may not be disclosed to the arbitrator. Trainbid reserves the right to reject arbitration filings that do not comply with the required 60-day informal resolution process or where the user has failed to participate in good faith.

• 1. Binding Arbitration Agreement

If the dispute is not resolved informally, either party may elect to resolve it exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its:

• • 1. Consumer Arbitration Rules (for individuals), or 2. Commercial Arbitration Rules (for business entities or professional sellers).

If AAA is unavailable or declines to administer, a comparable arbitration provider may be selected by mutual agreement, or the court may appoint one under the Federal Arbitration Act (FAA). By creating an account, using the Platform, or clicking to accept these Terms, you acknowledge and affirmatively agree to be bound by this Arbitration Agreement.

• 1. Arbitration Procedure and Venue

     1. Arbitration shall be conducted virtually (via video or teleconference) unless both parties agree otherwise. If an in-person hearing is required, it will be held in [Pasadena or Los Angeles], California.
     2. All proceedings shall be conducted in English.
     3. The arbitration shall be governed by the FAA and applicable California law, without regard to conflict-of-law principles.
     4. This clause survives the termination of your Trainbid account or relationship with Trainbid.
     5. Trainbid reserves the right to postpone or reschedule arbitration or legal proceedings in the event of force majeure circumstances, including but not limited to natural disasters, pandemics, or government-imposed restrictions.

  2. Arbitration Fees and Cost Sharing

     1. Consumers (Individuals): For purposes of this section, ‘Consumers’ are defined as individuals using Trainbid solely for personal, non-commercial purposes. Users operating as businesses, resellers, or in a professional seller/buyer capacity are not considered Consumers. Trainbid will pay all arbitration filing, administration, and arbitrator fees required by the AAA Consumer Arbitration Rules or California law for claims seeking less than $75,000 in damages. For claims seeking $75,000 or more, the allocation of arbitration fees shall be governed by AAA rules, subject to applicable law.

     2. Businesses and Commercial Sellers: Fees will be allocated in accordance with the AAA Commercial Arbitration Rules. Each party will be responsible for its own legal fees unless the arbitrator awards otherwise.

     3. Frivolous Claims: If the arbitrator determines that a claim, counterclaim, or defense was filed for improper purposes (including harassment or to delay), the arbitrator may award Trainbid its reasonable attorneys’ fees, arbitration fees, and costs. Trainbid expressly reserves the right to seek reimbursement of all arbitration-related fees and costs advanced on behalf of the user in any matter determined to have been initiated in bad faith or for improper purposes.

  3. Arbitrator’s Authority and Relief

     1. The arbitrator has exclusive authority to resolve all procedural and substantive issues, including the scope, enforceability, and interpretation of this Arbitration Agreement.

     2. The arbitrator shall have the exclusive authority to determine the arbitrability of any claim or dispute, including any challenges to the formation, scope, enforceability, or validity of this Arbitration Agreement.

     3. The arbitrator may grant any remedy that a court of law could, including compensatory damages, specific performance, and injunctive relief (excluding public injunctive relief, where limited by law).

     4. All arbitration awards are final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may only award direct actual damages. Punitive, consequential, incidental, or indirect damages are not permitted unless required by law. Trainbid’s maximum liability shall not exceed the total amount paid by the user to Trainbid in the 12 months preceding the dispute.

  4. Class Action and Jury Trial Waiver

To the fullest extent permitted by law:

• • 1. No Class Actions

You agree that any arbitration or legal proceeding shall be conducted only on an individual basis, and not in a class, consolidated, or representative action.

• • 1. Waiver of Jury Trial

You knowingly and voluntarily waive any right to a trial by jury in any legal proceeding.

If any portion of this Arbitration Agreement, including the class action waiver, is found to be unenforceable, the remainder of the Arbitration Agreement shall remain in effect, and the unenforceable portion shall be severed. However, if a court determines that public injunctive relief claims cannot be arbitrated, those specific claims may proceed in court, while all other claims remain subject to binding arbitration.

You further agree not to make false, defamatory, or misleading public statements about Trainbid in connection with any dispute subject to this Arbitration Agreement. This includes statements made on social media, blogs, online forums, public reviews, or press releases during or after an unresolved arbitration.

Claims involving multiple Users may not be joined, consolidated, or coordinated in any arbitration or litigation, unless Trainbid has provided prior written consent or unless allowed under Trainbid’s internal batch arbitration procedures (if applicable). Each User’s claim must be individually resolved on its own merits.

• 1. Batch Arbitration

If 25 or more Users submit similar claims within a 60-day period, Trainbid may elect to resolve such claims through batch arbitration. Claims will be grouped into batches of up to 50 and resolved collectively. Trainbid has sole discretion to determine which claims qualify, how they are grouped, and the scheduling of such arbitrations. Users may not opt out of batch arbitration unless they demonstrate unique legal or factual circumstances that require individual adjudication, as determined by the arbitrator.

No law firm, organization, or third party may coordinate, mass-file, or finance claims against Trainbid in arbitration. Claims found to be part of such coordinated efforts may be dismissed. Users agree not to consolidate claims outside of Trainbid’s batch arbitration procedures.

• 1. Opt-Out Right

You may opt out of this Arbitration Agreement by sending a signed written notice to [INSERT ADDRESS] within 30 calendar days of your acceptance of these Terms and Conditions. Your opt-out notice must be sent by certified mail to the aforementioned physical address, or via email to legal@trainbid.com with a verifiable digital signature.

Your notice must include:

• • 1. Full legal name; 2. Trainbid username and email; 3. Statement that you decline this Arbitration Agreement.

Opting out will not affect any other aspect of these Terms and Conditions. Trainbid will confirm receipt of opt-out notices within ten (10) business days. You are advised to retain this confirmation for your records.

• 1. Enforcement and Severability

If any portion of this Arbitration Agreement is found unenforceable or unlawful, the remainder shall remain in full force and effect, except as noted in the ‘Class Action and Jury Trial Waiver’ (Section 18.10) above. In such cases, the arbitration provision shall not apply, and the dispute may proceed in court.

Trainbid may update this Arbitration Agreement from time to time with reasonable advance notice. Continued use of the Platform after such updates constitutes acceptance of the revised terms.

Governing Law and Jurisdiction

This Agreement, including all claims and disputes arising out of or related to its subject matter, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and in accordance with applicable U.S. federal law, including the Federal Arbitration Act (FAA).

Subject to the Arbitration Agreement set forth in Section 18 of these Terms and Conditions, any claims or legal proceedings that are not subject to arbitration shall be brought exclusively in the state or federal courts located in [Los Angeles County], California, and the parties consent to the personal jurisdiction and venue of these courts.

The parties expressly waive any objection to jurisdiction or venue based on forum non convenience or any other basis. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

International Users

Users located outside the United States expressly acknowledge and agree that:

• 1. This Agreement is governed exclusively by the laws of the United States and the State of California, unless otherwise required by mandatory international consumer protection laws.
  2. Any claims or disputes must be brought in accordance with the Arbitration Agreement outlined in Section 18 of this Agreement.
  3. You waive the right to bring claims in your local jurisdiction or under foreign legal systems.
  4. Arbitration proceedings will be conducted in English, and Users are responsible for the cost of translation services if needed.

These provisions shall survive any termination or expiration of this Agreement, and your continued use of the Platform constitutes acceptance of these terms.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Trainbid LLC, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and representatives (“Indemnified Parties”) from and against any and all actual or alleged claims, liabilities, losses, damages (including direct, indirect, incidental, consequential, and punitive damages), demands, suits, judgments, settlements, costs, and expenses, including reasonable legal and attorneys’ fees, arising out of or related to:

• 1. Your breach or alleged breach of this Agreement, any incorporated policy, or applicable law;
  2. Your violation or alleged violation of any third-party rights, including intellectual property, privacy, publicity, or regulatory rights;
  3. Your use or misuse of the Platform or Services, including fraudulent activity, data breaches, or interference with Platform operations;
  4. Any content or conduct originating from your User Account, including Listings, communications, or Transactions initiated through your User Account;
  5. Claims brought by third parties resulting from your actions, inactions, or violations of this Agreement or applicable law.

Trainbid reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with Trainbid in asserting any available defenses and providing all necessary assistance and documentation.

You may not settle or compromise any matter subject to this indemnity without Trainbid’s prior written consent. Any unauthorized settlement that imposes obligations, liabilities, or admissions against the Indemnified Parties shall be void.

Your indemnification obligations shall survive any termination or expiration of this Agreement and continue to apply to any events arising from your use of the Platform. This provision is intended to allocate risk equitably and protect Trainbid’s business operations, legal interests, and reputation.

International Trade Compliance and Liability Waiver

Users are solely responsible for understanding and complying with all applicable international trade laws, export and import restrictions, customs regulations, and shipping policies when creating Listing, selling, or purchasing Items through the Trainbid Platform. This includes ensuring that all required permits, licenses, duties, and documentation are properly obtained and maintained. By using Trainbid to engage in international Transactions, you acknowledge and accept the following:

• 1. You are solely responsible for complying with all local, national, and international trade laws applicable to your Item, including any restrictions on shipment, sale, or possession;
  2. You accept all risks associated with international Transactions, including shipment delays, customs inspections, Item seizures, or legal consequences arising from non-compliance;
  3. Trainbid does not assist with or guarantee customs clearance, regulatory approvals, or international shipping compliance. You release Trainbid from any liability related to such matters;
  4. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Trainbid, its affiliates, officers, employees, and agents from any claims, losses, penalties, or damages resulting from your failure to comply with international trade obligations.

Trainbid may remove Listings or restrict international Transactions at its sole discretion if they pose legal or regulatory risks. For additional obligations related to taxation and domestic compliance, please refer to Section 23 Legal Compliance and Tax Responsibilities.

Legal Compliance and Tax Responsibilities

• 1. You are solely responsible for determining and paying any applicable taxes arising from your use of the Platform, including sales tax, VAT, GST, customs duties, and import/export fees. Trainbid may charge VAT or similar taxes on seller fees where required by law;
  2. If you are a U.S. based Seller or receive USD payments, you may receive IRS Form 1099-K if you exceed federal reporting thresholds. You agree to provide accurate taxpayer information as required;
  3. As addressed in the International Trade Compliance and Liability Waiver, users are solely responsible for complying with all trade and customs laws. Trainbid disclaims responsibility for customs delays, inspections, or penalties arising from international shipments.;
  4. Trainbid does not provide legal, tax, or accounting advice. Users are encouraged to consult professionals to understand their obligations. You agree to indemnify and hold Trainbid harmless from any claims, liabilities, or penalties resulting from your failure to comply with applicable laws or taxes.

California Proposition 65

Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), businesses are required to provide warnings to California consumers about exposure to chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Certain Items listed or sold through the Platform may fall under this requirement.

• 1. Seller Responsibility
     Sellers are solely responsible for determining whether any Item listed on the Platform requires a Proposition 65 warning and for including such warnings in the Listing description when applicable. Required warnings must use the standard California Proposition 65 language and refer consumers to www.P65Warnings.ca.gov. Sellers are also responsible for staying up to date with regulatory changes.

  2. Indemnification and Liability Waiver
     Sellers agree to indemnify, defend, and hold harmless Trainbid, its officers, directors, employees, and agents from any claims, penalties, liabilities, or regulatory actions arising from non-compliance with Proposition 65. Trainbid disclaims all responsibility for verifying compliance or warning accuracy.

  3. Buyer Acknowledgment
     Buyers acknowledge and agree that Trainbid does not independently test, review, or verify Items for Proposition 65 compliance. All inquiries regarding the presence of listed chemicals in an Item must be directed to the Seller.

  4. Policy Updates
     Trainbid may update this Section 24 ‘California Proposition 65’ at any time to reflect changes in Proposition 65 regulations or operational requirements. Sellers and Buyers are expected to review the most current version of the Agreement regularly.

Want to Buy

Trainbid may offer a “Want to Buy” feature enabling Users to post requests for specific Items they are seeking to purchase. Listings made through this feature are visible to other Users who may possess the requested Item, regardless of whether it was previously listed for sale.

Sellers responding to a “Want to Buy” Listing must submit sufficient proof of ownership or possession, including but not limited to photographs, serial numbers, or other documentation as required by Trainbid. Failure to provide such proof may result in removal of the offer or restriction of the Seller’s account.

Any offer submitted by a Seller in response to a “Want to Buy” Listing constitutes a binding offer. Once accepted by the Buyer, the Transaction becomes final and is governed by all applicable policies outlined in these Terms and Conditions, including payment processing, shipping, dispute resolution, and feedback provisions.

All Transactions conducted through the ‘Want to Buy’ (Section 25) must be completed on-Platform using Trainbid’s approved payment and shipping systems. Off-Platform Transactions are strictly prohibited and constitute a material breach of this Agreement.

Users may not request or offer Items that violate Trainbid’s Acceptable Use Policies or applicable law, including prohibited, counterfeit, or restricted goods. Trainbid reserves the right to remove any “Want to Buy” Listing or offer, and to suspend or terminate accounts engaged in unauthorized activity.

Applicable fees for “Want to Buy” Transactions shall follow the same structure as other Listings on the Platform. Trainbid may modify, suspend, or discontinue this feature at its sole discretion without prior notice.

By using the “Want to Buy” feature, Users agree to indemnify and hold Trainbid harmless from any claims or disputes arising out of such Transactions.

My Collection

• 1. My Collection feature on the Platform allows Users to upload information about Items in their personal collections. Users may record the price paid for an Item, their estimated current value, and attach photos. This data is organized in a digital ledger accessible through the User’s User Account. Users may:
     1. List Items for sale directly from their collection;
     2. Send and receive messages regarding Items in their collection, if set to public.
  2. Price Suggestions

Trainbid may, at its discretion, display price suggestions for Items in a User’s collection based on market data and historical sales trends. These suggestions are provided for informational purposes only and do not constitute a guarantee of value.

Disclaimer

Trainbid makes no warranties regarding the accuracy or reliability of any price suggestions. Users are solely responsible for conducting their own research regarding the price of Items. Users acknowledge and agree that reliance on these suggestions is at their own risk. By using the price suggestion feature, Users waive any claims against Trainbid related to pricing inaccuracies or resulting losses.

• 1. Privacy Settings

Users may make their collection either Public or Private:

• • 1. Public Collections are visible to other Users on the Platform along with limited details and the ability to receive inquiries; 2. Private Collections are viewable only to the User Account holder.

While Trainbid endeavors to ensure the accuracy of privacy controls, it does not guarantee their flawless operation. Users acknowledge that technical errors may occur and waive any claims resulting from unintended visibility.

• 1. Limitations and Disclaimers

     1. Trainbid does not display sensitive information, such as the original purchase price or Transactional documents, to other Users;
     2. Users are responsible for managing the accuracy, completeness, and confidentiality of the content they upload;
     3. Trainbid is not liable for the exposure of User-uploaded information, whether due to User error, misuse, or technical malfunction.

  2. Feature Availability

The My Collection feature is offered on an “AS-IS,” “AS-AVAILABLE” basis. Trainbid does not guarantee continuous or error-free access. Users acknowledge the possibility of interruptions, bugs, or changes to the feature and agree that Trainbid is not liable for any damages arising from its use.

• 1. Public Collection Use and Interaction

Users who enable Public Collections understand that certain collection details may be visible to others. They may receive messages from other Users regarding Items in their collection. Trainbid assumes no responsibility for any disputes, communications, or outcomes resulting from these interactions.

• 1. Listing Items for Sale

Users may initiate Item Listings for sale directly from their collection. All Listings remain subject to applicable provisions of this Agreement governing sales on the Platform. Trainbid is not liable for inaccuracies, disputes, or fulfillment issues related to Items listed through this feature.

• 1. User Responsibility and Risk

Users acknowledge that they are solely responsible for:

• • 1. The accuracy and content of uploaded materials; 2. Any consequences arising from use of the My Collection feature, including data exposure or technical failure.

    2. Waiver of Claims

By using the My Collection feature, Users expressly waive and release Trainbid , including its officers, directors, agents, employees, affiliates, and service providers, from any and all claims, demands, or damages, whether actual or consequential, arising out of:

• • 1. Use or inability to use the feature; 2. Inaccuracies in price suggestions; 3. Exposure or misuse of uploaded content; 4. Technical malfunctions affecting visibility or performance.

Price Guide and Trackulator Tools

Trainbid may provide optional tools such as the Price Guide and “Trackulator” to assist Users in evaluating potential market values based on historical Transactions and publicly available data. These tools are offered for informational purposes only and do not constitute financial, legal, or pricing advice.

Trainbid makes no representation or warranty as to the accuracy, completeness, or applicability of any data generated by the Price Guide or Trackulator. Market conditions may vary, and Users are solely responsible for independently setting prices and conducting additional market research.

Use of the Price Guide and Trackulator is entirely at the User’s own risk. Trainbid shall not be liable for any losses, inaccuracies, or damages arising out of reliance on these tools. Trainbid reserves the right to update, suspend, or remove these tools at its sole discretion and without prior notice.

Amendments

Trainbid reserves the right to modify, update, or revise these Terms and Conditions, as well as any policies and guidelines incorporated in this Agreement, at any time and at its sole discretion. Such modifications may include changes to policies, features, fees, legal obligations, or Platform functionality.

All amendments become effective immediately upon posting the updated Terms and Conditions on the Platform unless a longer notice period is required by applicable law. Your continued use of the Platform after the revised Terms and Conditions are posted constitutes your acceptance of the changes. It is your responsibility to review the Terms and Conditions periodically to ensure that you remain informed of any updates.

Trainbid may, but is not obligated to, provide advance notice of significant changes through the Platform, email, or other direct communication methods. Users waive any claims arising from a lack of individualized notice, to the fullest extent permitted by law.

If you do not agree to the amended Terms and Conditions, your sole remedy is to discontinue your use of the Platform and Services. Termination of your account does not relieve you of any outstanding obligations or accrued liabilities under the previous version of the Terms and Conditions.

All amended versions of the Terms and Conditions shall supersede prior versions and become legally binding as of the effective date stated within the updated Terms and Conditions.

Service Modifications, Testing and Downtime

• 1. Trainbid reserves the exclusive right to modify, update, or discontinue any Service, feature, or tool on the Platform at its sole discretion, with or without prior notice to Sellers. This includes but is not limited to:
     1. Changes to Platform functionalities and Transaction processes;
     2. Adjustments in Fees and Service offerings;
     3. Temporary or permanent discontinuation of tools or Services.

Sellers acknowledge and accept that Trainbid shall not be liable for any disruptions, financial losses, or damages resulting from such changes.

• 1. Beta Testing and Experimental Features
     Sellers invited to participate in beta testing do so at their own risk. These features may be unstable or incomplete. Trainbid assumes no liability for issues or losses resulting from use of beta features.
  2. Platform Downtime and Seller Responsibilities

Trainbid may experience occasional downtime due to maintenance or technical issues. Sellers agree that:

• • 1. Trainbid is not responsible for lost sales or business opportunities during downtime; 2. It is the Seller’s responsibility to back up essential data and stay informed of Platform updates.

Data Protection

• 1. Prohibited Use of Platform Data

Sellers shall not access, use, or distribute data obtained through the Platform, including Buyer information, analytics, or other user data, for any purpose unrelated to a legitimate Transaction conducted on Trainbid. Prohibited uses include, but are not limited to:

• • 1. Unsolicited marketing, spam, or bulk messaging; 2. Data scraping, harvesting, or unauthorized analytics; 3. Sale, transfer, or disclosure of user information to third parties; 4. Any conduct that violates applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Trainbid reserves the right to suspend or terminate any Seller account found to be misusing Platform data or engaging in conduct that violates data protection laws or this Agreement. For information regarding how Trainbid collects, stores, uses, and protects personal data, please refer to our Privacy Policy.

• 1. Data Breach Notification
     Sellers shall promptly notify Trainbid of any actual or suspected data breach involving User information obtained through the Platform. Sellers agree to fully cooperate with Trainbid in investigating the breach, mitigating harm, and complying with any applicable legal or regulatory obligations.
  2. Limitation of Liability
     Sellers expressly acknowledge and agree that Trainbid shall not be liable for any damages, losses, or disruptions caused by system errors, downtime, technical failures, or service interruptions.

By using the Platform, Sellers waive all claims against Trainbid arising from enforcement actions, technical issues, data security incidents, or disputes related to Platform functionality.

General Provisions

• 1. Severability
     If any provision of this Agreement is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. Notwithstanding the foregoing, the terms of this Agreement that limit, disclaim or exclude warranties, remedies or damages are intended to be independent and remain in effect despite the failure or unenforceability of an agreed remedy.
  2. Entire Agreement
     These Terms and Conditions, including any policies incorporated herein by reference shall constitute the entire agreement between you and Trainbid regarding the use of the Platform and supersede all prior or contemporaneous communications and agreements, whether oral or written. No verbal or implied representations or warranties not expressly stated herein shall be binding.
  3. Non-Waiver of Rights
     The failure of Trainbid to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Trainbid.
  4. No Agency or Partnership
     No joint venture, partnership, employment, or agency relationship exists between you and Trainbid as a result of your use of the Platform or these Terms and Conditions. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Trainbid, and Trainbid shall not be liable for any representation, act, or omission on your part.
  5. Force Majeure
     Trainbid shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor shortages or disputes, power outages, internet failures, service interruptions by third-party providers, or governmental actions.