Legal
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Hobby Market Pro website at hobbymarketpro.com, the Hobby Market Pro web application, and any related tools, integrations, emails and services (together, the "Services"). The Services are operated by Hobby Market Pro LLC, a California limited liability company ("Hobby Market Pro," "we," "us" or "our").
By creating an account, checking the box at sign-up, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services on behalf of a business, you agree to these Terms for that business and confirm you have authority to bind it. If you do not agree, do not use the Services.
1. What Hobby Market Pro is
Hobby Market Pro is a business-to-business marketplace where verified businesses list, find, negotiate and buy sealed trading card products and related collectibles. We provide the platform. We are not a party to any sale between users, we do not take ownership of any product, and we are not a buyer, seller, broker, agent, auctioneer or payment processor for your transactions. Each sale is a contract between the buyer and the seller.
2. Eligibility and verification
You must be at least 18 years old and able to form a binding contract.
The marketplace is for businesses. To buy or sell, you must represent a legally registered business and complete our verification process, which may include confirming your identity, your business registration, your tax identification number and, where applicable, a valid resale certificate.
Verification is performed with the help of third-party identity and business verification providers. You authorize us and those providers to verify the information you submit.
We may approve, deny, limit or revoke access to the marketplace at our discretion, including if we cannot verify your information. Verification is not an endorsement or guarantee of any user.
You must keep your account information accurate and current, including your business details, contact information and payment information.
3. Your account
You are responsible for everything that happens under your account. Keep your login credentials confidential and tell us right away at [email protected] if you suspect unauthorized access. Accounts may not be sold, transferred or shared outside your business without our written permission.
4. Memberships, billing and fees
Memberships
Access to certain features requires a paid membership. Plan features, prices and any transaction fees are shown on our Plans page and in your account, and form part of these Terms.
Renewal
Memberships renew automatically at the end of each billing period (monthly or annual) until you cancel. You authorize us and our payment processor to charge your payment method on file for each renewal and for any applicable fees.
Transaction fees
Some plans include a fee on completed sales, as shown on the Plans page at the time of the sale. Fees are charged to your payment method on file and are not refundable once a sale is completed.
Cancellation
You can cancel your membership at any time from your account settings. Cancellation takes effect at the end of your current billing period, and you keep access until then.
Refunds
Membership fees are non-refundable, except that we will refund your membership fee if we are unable to approve your business during verification. We may offer other credits or accommodations at our discretion; doing so once does not require us to do so again.
Price changes
We may change membership prices or fees. We will notify you in advance of any change that affects your current plan, and the change will apply from your next billing period. If you do not agree, you can cancel before it takes effect.
Taxes
Prices do not include taxes unless stated. You are responsible for any taxes that apply to your membership.
5. Listings and seller responsibilities
If you list products for sale, you agree that:
You own the products you list, or have the right to sell them, and they are available in the quantity listed.
Your listings are accurate, including product, edition, configuration, quantity, condition and price.
All sealed products are authentic, factory sealed and have not been opened, resealed, weighed, searched or tampered with in any way.
You will honor offers and orders you accept, ship promptly using packaging suitable for the product, and provide accurate shipping and tracking information.
You will keep your inventory current. If you connect an inventory source (for example a point-of-sale or e-commerce store), you are responsible for the accuracy of the data it sends and for reviewing listings created from it.
You are responsible for your own sales tax collection, resale certificate records and tax reporting.
6. Offers, orders and buyer responsibilities
Offers
Buyers and sellers may make, counter, accept or decline offers through the Services. An accepted offer, or a purchase at the listed price, creates a binding order between the buyer and the seller.
Payment
Buyers must pay for accepted orders within the time shown in the app. Unpaid orders may be cancelled automatically.
Buyer listings
If you post a request to buy (a "want" or buyer listing), you agree that it reflects a genuine intent to purchase at the price and quantity you posted, and you will keep it current.
Inspection
Buyers should inspect orders on arrival and report any problem to the seller, and to us through the order page, promptly and with supporting photos.
Resale use
Purchases on the marketplace are intended for business and resale purposes. Buyers are responsible for providing valid resale documentation where required.
7. Payments
Card payments
Card payments for orders are processed by our third-party payment processor, Stripe, and paid directly to the seller's connected payment account. Processing fees may be added to the order total as shown at checkout. Your use of Stripe is also subject to Stripe's own terms.
Other payment methods
Sellers may offer other payment methods displayed on the order. Payments made through those methods are made directly between buyer and seller, and the seller confirms receipt in the Services. We do not hold, receive or guarantee those funds.
Seller payouts
To receive card payments, sellers must complete onboarding with our payment processor and keep that account in good standing.
No escrow
Unless we state otherwise for a specific feature, Hobby Market Pro does not hold funds in escrow or guarantee payment or delivery.
8. Cancellations, disputes and problems with an order
Orders may be cancelled as allowed in the app, by agreement between buyer and seller, or by us where we believe it is necessary to prevent fraud or a violation of these Terms.
If something goes wrong with an order, the buyer and seller should first try to resolve it directly through the order page.
If you cannot resolve it, contact us at [email protected]. We may review order records and communications and may, at our discretion, cancel an order, restrict an account or take other action. We are not obligated to resolve disputes between users, and any help we provide does not make us responsible for the outcome.
Users are responsible for their own returns, refunds and chargebacks between themselves, consistent with the listing, these Terms and applicable law.
9. Prohibited items and conduct
You may not use the Services to:
List or sell counterfeit, replica, stolen, resealed, tampered or misrepresented products, or any item you do not have the right to sell.
Post false, misleading or duplicate listings or offers, or offers you do not intend to honor.
Manipulate prices, reviews, rankings or activity, including by trading with yourself or coordinating with others.
Use contact information or introductions obtained through the Services to complete transactions outside the Services in order to avoid fees or our policies.
Harass, threaten, defraud or discriminate against any person.
Violate any law, including tax, consumer protection, export and sanctions laws.
Upload malware, interfere with or disrupt the Services, or attempt to access accounts, systems or data you are not authorized to access.
Scrape, crawl, copy, harvest or bulk download listings, prices, buyer requests, user information or other data from the Services by automated or manual means, except through features we provide for that purpose.
Reverse engineer, decompile or copy any part of the Services, or use the Services or any data from them to build, train or improve a competing product or service, or to benchmark the Services for a competitor.
Access the Services if you are, or are acting for, a competitor of Hobby Market Pro, without our prior written consent.
10. Marketplace Data and aggregated data
Marketplace Data is confidential
Listings, prices, quantities, buyer requests, offers, order details, seller and buyer identities, market data and other non-public information available inside the Services ("Marketplace Data") are provided to verified users only, for their own buying and selling on Hobby Market Pro. You may not publish, share, sell or disclose Marketplace Data outside your business, or use it for any other purpose, without our written permission.
Aggregated data
We may collect and analyze information about how the Services are used, including listings, prices, offers, orders and search activity, and combine it into aggregated or de-identified data that does not identify you, your business or any other user ("Aggregated Data"). Hobby Market Pro owns Aggregated Data and may use, publish, share and license it for any purpose, including market reports, pricing insights and commercial data products, during and after your use of the Services. We will not disclose Aggregated Data in a form that identifies you or your business, will not attempt to re-identify it, and will require anyone we license it to not to attempt to re-identify it.
11. Integrations and automated features
Connected stores
If you connect a third-party store or system, you authorize us to access, import and update the product, inventory and pricing data needed to run the features you enable, including creating and updating listings and adjusting inventory when items sell. You can disconnect at any time. Third-party services are governed by their own terms, and we are not responsible for them.
Imports and automated matching
Some features use automated tools, including artificial intelligence, to read uploaded files, match products to our catalog, or suggest listing details. Automated results can be wrong. You are responsible for reviewing listings, prices and quantities before they are published and for everything published under your account.
Alerts and market information
Restock alerts, pricing information, trends and similar information are provided for convenience only and may be incomplete or out of date. They are not financial or investment advice.
12. Your content and reviews
You keep ownership of the content you submit, such as listing details, messages, reviews and business information ("Your Content").
You give Hobby Market Pro a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, modify and use Your Content to operate, improve and promote the Services and to create Aggregated Data as described in Section 10. This license continues for content that remains in the Services or in records we are required or permitted to keep.
Reviews must be honest and based on a real transaction. We may remove content that violates these Terms or that we believe is harmful.
You confirm you have the rights needed to submit Your Content and that it does not infringe anyone's rights.
13. Our intellectual property
The Services, including our software, product catalog, product images we provide, designs, text, graphics, logos and the Hobby Market Pro name, are owned by Hobby Market Pro or its licensors and are protected by law. We grant you a limited, revocable, non-transferable license to use the Services for your own business under these Terms. All other rights are reserved. If you send us feedback or ideas, we may use them without any obligation to you.
14. Communications
By creating an account, you agree to receive transactional and account messages from us by email, in the app and, where you provide a phone number and enable it, by text message. You can change your notification settings in your account and opt out of marketing messages at any time. Message and data rates may apply to text messages.
15. Suspension and termination
We may suspend, restrict or close your account, remove listings, or cancel pending orders at any time if we believe you have violated these Terms, created risk or possible legal exposure for us or other users, or if required by law. You may close your account at any time. Sections that by their nature should survive termination will survive, including fees owed, Marketplace Data, Aggregated Data, intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution.
16. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, HOBBY MARKET PRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR PRODUCTS LISTED, THE ACCURACY OF LISTINGS, THE CONDUCT OF USERS, OR THE COMPLETION OF ANY TRANSACTION. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT ANY PRODUCT WILL BE AVAILABLE OR SELL AT ANY PRICE.
17. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HOBBY MARKET PRO AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, INVENTORY, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR ANY TRANSACTION BETWEEN USERS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).
18. Indemnity
You will defend, indemnify and hold harmless Hobby Market Pro and its owners, employees and contractors from any claims, losses, damages and expenses (including reasonable attorneys' fees) arising from your listings, products, transactions, Your Content, your use of the Services, or your violation of these Terms or any law or third-party right.
19. Disputes with Hobby Market Pro
Informal resolution first
Before filing a claim, contact us at [email protected] and give us 30 days to try to resolve it.
Arbitration
Any dispute between you and Hobby Market Pro that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in San Bernardino County, California, except that either party may bring an individual claim in small claims court or seek injunctive relief for misuse of intellectual property or Marketplace Data.
No class actions
Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, consolidated or representative proceeding.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of law rules.
20. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or in the Services before they take effect. Continuing to use the Services after the changes take effect means you accept the updated Terms.
21. General
These Terms, together with our Privacy Policy and any policies referenced here, are the entire agreement between you and Hobby Market Pro about the Services. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any part is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, reorganization or sale of all or part of our business or assets, and your account information, Your Content and related data may be transferred as part of that transaction. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.