Terms of Service

Linn County Market

Effective Date: [INSERT DATE] Last Updated: [INSERT DATE]

1. The Agreement

These Terms of Service (the “Terms”) form a binding contract between you and Linn County Market (“Linn County Market,” “we,” “us,” or “our”). Linn County Market is operated by Huestone Holdings LLC, an Iowa limited liability company; references to “Linn County Market,” “we,” “us,” and “our” include Huestone Holdings LLC and its affiliates, officers, members, employees, and agents acting in connection with the Platform.

These Terms govern your access to and use of www.linncountymarket.com and any related services, applications, or features we operate (collectively, the “Platform”).

By creating an account, listing an item, placing a bid, completing a purchase, or otherwise using the Platform, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and any other policies referenced herein, each of which is incorporated by reference.

If you do not agree, do not use the Platform.

2. The Nature of the Platform

Linn County Market is a venue. We operate an online marketplace and auction platform that connects sellers and buyers. We are not a party to any transaction between users. We do not own, possess, inspect, manufacture, warehouse, sell, ship, or guarantee any item listed.

When a buyer places a winning bid or completes a purchase, the resulting contract is between the buyer and the seller. We facilitate. We do not transact.

This distinction is load-bearing. Every disclaimer, limitation, and allocation of risk below rests upon it.

3. Eligibility

You must be at least 18 years old and legally capable of entering binding contracts under the laws of your jurisdiction. If you use the Platform on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to both.

We may, at our discretion, refuse service, terminate accounts, or remove listings.

4. Accounts

4.1 Registration

You must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

4.2 One Account

You may not maintain more than one account without our written permission. Accounts are not transferable.

4.3 Seller Verification

If you list items as a seller, you authorize us to verify your identity, banking information, and tax status, and to share information with payment processors, government authorities, and (where required by law) buyers.

Sellers meeting the federal INFORM Consumers Act threshold — generally, those completing 200 or more transactions of new or unused consumer products totaling $5,000 or more in gross revenue within a continuous 12-month period — must provide and certify additional information, including legal name, address, bank account, tax ID, and contact information, as described in our INFORM Consumers Disclosure.

5. Listings, Bids, and Sales

5.1 Seller Obligations

Sellers represent and warrant that they:

Own or have full authority to sell the listed item;
Have accurately described the item, its condition, defects, provenance, and any encumbrances;
Will not list prohibited items (see Acceptable Use Policy);
Will deliver the item promptly upon payment;
Will honor any reserve, shipping, or return terms stated in the listing.

5.2 Bids Are Binding

A bid placed on the Platform constitutes an offer to purchase at that price, subject only to the listing’s stated reserve (if any) and the auction’s stated rules. Once a bid is the high bid at auction close, the contract of sale is formed. Retraction is permitted only where the listing was materially altered, the bidder’s identity was misappropriated, or other narrowly-defined circumstances permit.

5.3 Auction Types

Unless a listing specifies otherwise, all auctions are English ascending-price auctions with a stated start time, end time, and (optionally) reserve price. We reserve the right to offer other formats — sealed-bid, Dutch, “buy it now,” extended-bidding (“anti-sniping”), and timed-lot — with terms disclosed on the listing.

5.4 Reserves and Minimums

Sellers may set reserves or minimum bids. We do not disclose reserve amounts to bidders.

5.5 Withdrawal of Listings

A seller may not withdraw a listing after the first bona fide bid has been placed, except where we authorize withdrawal due to fraud, material error, or a buyer’s breach.

5.6 No Shill Bidding

Sellers may not bid on their own items, directly or through agents, family members, or affiliated accounts. Detected shill bidding is grounds for termination, fee reversal, and reporting to authorities.

5.7 Final Sales

All sales are final unless a listing or the seller’s posted return policy provides otherwise. Bidders are responsible for reviewing listings and asking questions before bidding.

6. Fees

We charge sellers a listing fee, a final value fee, and (where applicable) optional promotional fees, all as disclosed on the Fees Schedule posted to the Platform. We may revise the schedule on 30 days’ notice. Buyers may be charged a buyer’s premium where disclosed in the listing.

We collect applicable sales taxes where required.

7. Payment, Shipping, and Risk of Loss

7.1 Payment Processing

We use third-party payment processors (currently Stripe Connect). By transacting on the Platform, you also agree to Stripe’s Connected Account Agreement and Services Agreement.

7.2 Shipping

Sellers are responsible for shipping unless the listing provides for local pickup. Risk of loss passes to the buyer upon delivery to the common carrier, unless the listing states otherwise.

7.3 Disputes

If a buyer disputes a transaction (item not received, materially not as described, etc.), we may, at our discretion, freeze the seller’s payout, mediate, and — where warranted — issue a refund from the seller’s account. Our Buyer Protection Policy (if any) is supplemental to, not a substitute for, the seller’s own warranties.

8. User Content and License

8.1 Your Content

You retain ownership of listings, photographs, descriptions, reviews, and other content you submit (“User Content”).

8.2 License to Us

You grant Linn County Market a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting), publish, distribute, and display your User Content on and in connection with the Platform, including promotional uses. This license survives termination only to the extent reasonably necessary (e.g., archival, dispute records).

8.3 Your Representations

You represent that your User Content does not infringe any third-party right, violate any law, or contain anything prohibited by our Acceptable Use Policy.

8.4 Removal

We may remove any User Content at any time without notice.

9. Prohibited Conduct

You may not, and may not permit others to:

List items prohibited by our Acceptable Use Policy or applicable law;
Misrepresent any item, your identity, or your authority;
Engage in shill bidding, bid retraction abuse, or fee circumvention (off-platform transactions to avoid fees);
Harass, threaten, or defraud other users;
Use the Platform to launder money, evade sanctions, or finance illegal activity;
Scrape, harvest, or systematically extract Platform data without our written consent;
Reverse-engineer, decompile, or interfere with Platform security;
Use any bot, scraper, or automated means except via our published API on the terms we publish.

10. Intellectual Property

The Platform — including its software, design, “Linn County Market” name and logo, and all derivative works — is owned by us or our licensors and is protected by U.S. and international intellectual property laws. Except for rights expressly granted, no license is conveyed.

11. Copyright Complaints (DMCA)

We comply with the Digital Millennium Copyright Act. To submit a notice of claimed infringement or a counter-notice, see our DMCA Policy.

12. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

WE MAKE NO WARRANTY REGARDING ANY ITEM LISTED, ANY SELLER, ANY BUYER, OR ANY TRANSACTION. WE DO NOT INSPECT, VERIFY, OR AUTHENTICATE ITEMS EXCEPT AS EXPRESSLY STATED IN A SPECIFIC LISTING.

Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, exclusions apply to the fullest extent permitted.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LINN COUNTY MARKET, ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY TRANSACTION CONDUCTED THROUGH IT — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow limitations on incidental or consequential damages; in those jurisdictions, these limitations apply to the fullest extent permitted.

14. Indemnification

You agree to defend, indemnify, and hold harmless Linn County Market, its affiliates, and their respective officers, members, employees, and agents from and against any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your transactions with other users; (d) your breach of these Terms; or (e) your violation of any law or third-party right.

15. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason — including suspected fraud, breach of these Terms, or extended inactivity. Upon termination, Sections 8.2, 10, 12, 13, 14, 16, 17, and 18 survive.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Iowa, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under Section 17, exclusive jurisdiction and venue lie in the state and federal courts located in Linn County, Iowa, and you consent to personal jurisdiction therein.

17. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Informal Resolution

Before initiating arbitration, you agree to first contact us at legal@linncountymarket.com and attempt to resolve the dispute informally for at least 30 days.

17.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform — except as carved out in Section 17.4 — shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Linn County, Iowa, or by remote hearing at your election if the amount in controversy is under $25,000.

17.3 Class-Action Waiver

You and we agree that disputes will be resolved on an individual basis only. No class, collective, representative, or consolidated arbitration is permitted. If this waiver is found unenforceable as to any claim, that claim shall proceed in court, but the remaining provisions of this Section 17 continue to apply to all other claims.

17.4 Exceptions

Notwithstanding the above, either party may bring an action in court to (a) seek injunctive relief to protect intellectual property; (b) pursue claims in small-claims court within its jurisdiction; or (c) enforce an arbitration award.

17.5 Opt-Out

You may opt out of this arbitration agreement by mailing written notice to Linn County Market, Attn: Legal Opt-Out, c/o Huestone Holdings LLC, [INSERT ADDRESS], postmarked within 30 days of first accepting these Terms. The notice must state your name, account email, and clear intent to opt out.

18. Miscellaneous

18.1 Changes to These Terms

We may revise these Terms from time to time. Material changes will be posted to the Platform and emailed to registered users. Continued use after the effective date constitutes acceptance.

18.2 Entire Agreement

These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements.

18.3 Severability

If any provision is held unenforceable, the remaining provisions remain in full force.

18.4 No Waiver

Our failure to enforce any right or provision is not a waiver.

18.5 Assignment

You may not assign these Terms without our written consent. We may assign freely.

18.6 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control.

18.7 Notices

Notices to us: legal@linncountymarket.com or Linn County Market, c/o Huestone Holdings LLC, [INSERT ADDRESS]. Notices to you: via the email address on file.

18.8 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

19. Contact

Linn County Market c/o Huestone Holdings LLC [INSERT STREET ADDRESS] [INSERT CITY, IA ZIP]

Email: legal@linncountymarket.com Support: support@linncountymarket.com