Terms and Conditions

Terms & Policies

Terms of Use
Inventory Rules
ReTool Refund Policy
Buyer Protection Policy

INTRODUCTION

PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY RETOOLCO.COM LLC. ("RETOOL"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE RETOOLCO.COM AND ALL SERVICES PROVIDED BY RETOOL ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY RETOOL, AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY RETOOL YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Please note that Section 6 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

1. ReTool is a Marketplace/Venue

ReTool acts as a marketplace/venue to allow users who comply with ReTool's Terms of Use and policies to offer, buy and sell tools and related merchandise from other users. While ReTool has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. ReTool also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. ReTool encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, ReTool is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on ReTool. YOU USE THE RETOOL SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 16 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 12), LIMITATION ON LIABILITIES (SECTION 13) AND INDEMNITIES (SECTION 15) BELOW.

2. Membership

(A) Age: ReTool is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, ReTool's services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ReTool may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use ReTool's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.

(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by ReTool's policies as stated in the Terms of Use as well as all other Community Rules, policies and procedures that may be published from time to time on the Site by ReTool, each of which is incorporated herein by reference and each of which may be updated by ReTool from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by ReTool from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.

(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ReTool of any unauthorized use of your password or any breach of security. You also agree that ReTool cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than ReTool without ReTool's express written permission.

(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on ReTool you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid PayPal account.

(E) Account Transfer: You may not transfer or sell your ReTool account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

(F) Right to Refuse Service: ACCESS TO RETOOL’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT RETOOL’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS RETOOL’S SITE. ReTool will terminate any user who it determines is providing services competitive to ReTool through the Site. ReTool s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended ReTool members. Additionally, ReTool reserves the right, in ReTool's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use or Community Rules. Generally, ReTool will notify you that your account has been disabled, deactivated, or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

3. Fees and Services

Joining and setting up a shop on ReTool is free. ReTool does not charge fees to list an item for sale. ReTool does not charge a percentage of the sale price to the seller when the item sells. ReTool charges the buyer a percentage of the sales price when an item is purchased to protect the buyer from a covered loss.

BUYER PROTECTION SERVICE
Buyer Protection. Buyer Protection is added for a fee to every purchase made on the Site. Buyer Protection enables a Buyer to seek a refund in certain circumstances, as further described in this Section 3. The Buyer Protection Fee is calculated as follows:

A fixed amount of $0.75; plus

An amount equal to 3.5% of the Item price agreed between the Buyer and the Seller (not including shipping costs, any additional costs and applicable taxes).

Process for Receiving a Refund Under Buyer Protection. Buyer Protection includes the right for a Buyer to seek a refund in the event (i) an Item is lost during shipping or (ii) the delivered Item is damaged or (iii) is significantly not as described in the listing for the Item. In such circumstances, the Buyer must report the issue to ReTool within two (2) days after the date the Item is marked as ‘delivered’ in ReTool’s system (such 2-day period, the “Dispute Filing Period”). If there is a mistake in the reported ‘delivered’ date and the item has not been actually delivered to the Buyer, the Buyer must still report the issue within the Dispute Filing Period otherwise the Transaction will be marked as completed. To report an issue to ReTool, the Buyer must, within the Dispute Filing Period, contact ReTool. Otherwise, the Transaction will be completed and money will be transferred to the Seller.

Items Lost During Shipping. If the Buyer did not receive an Item, the Buyer must contact ReTool explaining the issue within the Dispute Filing Period. This will suspend the Transaction and the Total Price will be retained until ReTool investigates where the Item is and receives confirmation from the shipping provider that the Item is confirmed lost. Once the Item has been confirmed as lost, ReTool will issue a refund to the Buyer for the Total Price.

Damaged Items or Significantly Not As Described Items. If the Buyer receives an Item that has been damaged during shipment or is significantly not as described in the Item’s listing, the Buyer must inform ReTool explaining the issue within the Dispute Filing Period. This will suspend the Transaction and the Total Price will not be released to the Seller until the following process is complete:

(i) The Buyer and Seller can resolve the issue between themselves in their Private Messages and ReTool will not interfere.
(ii) If the Buyer and the Seller are unable to resolve the issue directly, the Buyer or the Seller can escalate the issue to ReTool. After ReTool has reviewed the issue, if ReTool agrees that the Item indeed does not substantially comply with the description provided by the Seller in the Item listing or that the item was damaged during transit, ReTool will cancel the Transaction and issue a refund to the Buyer after the Buyer confirms that the Item has been shipped back to the Seller. ReTool does not provide return shipping services. Shipping costs for returning an Item are the responsibility of the Buyer, unless the Buyer and the Seller agree otherwise. If the Buyer does not send the Item back within the period stipulated by ReTool, the Buyer may not be eligible to receive a refund under Buyer Protection.

(iii) If the Buyer and the Seller resolve the issue privately after having already contacted ReTool’s Customer Support, the Users must inform ReTool that the issue has been resolved.
(iv) With respect to an Item that a Buyer has reported is significantly not as described in the Item’s listing, if ReTool determines that the Item complies with the description provided by the Seller in the Item listing, then the Buyer shall not be eligible for a refund through ReTool and ReTool will complete the Transaction. After the Transaction is completed and the money is released to the Seller, the Buyer can try to negotiate directly with the Seller for the return of the Item (e.g., agreement on reimbursement, return shipping fees, etc.); however, the Seller may refuse to cooperate with the Buyer on the grounds that the Transaction has been fulfilled from the Seller side.

No Refund. If there is something wrong with the Item received by the Buyer or the Item was not received by the Buyer butnthe Buyer does not contact ReTool within the Dispute Filing Period
the Transaction will be completed automatically and the Buyer will not be entitled to a refund under Buyer Protection for that Item and the money that the Seller is entitled to for the Transaction will be released to the Seller.

Not Insurance. Buyer Protection is not insurance services or legal protection guarantee services.

Acknowledgment that ReTool makes Final Decisions. Users agree to comply with the process for receiving a refund under Buyer Protection and to permit ReTool to make the final decision on any Buyer Protection related issue.
Refunds for Bundles.

ReTool’s Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for ReTool's services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. ReTool may also choose to temporarily change the Billing Policy and the fees for ReTool's services for promotional events; such changes are effective when ReTool posts the temporary promotional event on the Site or otherwise notifies you of the change.

Fees and Termination: If ReTool terminates a listing or your account, if you close your account, or if the payment of your ReTool fees cannot be completed for any reason, you remain obligated to pay ReTool for all unpaid fees plus any penalties, if applicable. If a user's account is not paid in full and becomes past due, the user risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT RETOOL MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST RETOOL FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact ReTool.

4. Content License

(A) Your Content: ReTool does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant ReTool a license solely to enable ReTool to use any information or Content you supply ReTool with, so that ReTool is not violating any rights you might have in that Content. You grant ReTool a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate ReTool's ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow ReTool to store or re-format your Content on ReTool and display your Content on ReTool in any way as ReTool chooses. ReTool can also use any transactional information including sale date and final price for sales completed on ReTool as it sees fit.

(B) Personal Information: ReTool will only use personal information in accordance with ReTool's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another ReTool user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ReTool-related communications. ReTool has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any ReTool user to your email or physical mail list.

(C) Re-Posting Content: By posting Content on ReTool it is possible for an outside website or a third party to re-post or index that Content. You agree to hold ReTool harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own ReTool-hosted image on another website, the image must provide a link back to its listing page on ReTool.

(D) Idea Submissions: ReTool considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and ReTool shall not be liable for the disclosure or use of such Material. If, at ReTool s request, any member sends Material to improve the site (for example through the Forums or to customer support), ReTool will also consider that Material to be non-confidential and non-proprietary and ReTool will not be liable for use or disclosure of the Material. Any communication by you to ReTool is subject to this Agreement. You hereby grant and agree to grant ReTool, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

5. Information Control

ReTool does not control the Content provided by users that is made available on ReTool. You may find some Content to be offensive, harmful, inaccurate, or deceptive. ReTool users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using ReTool, you agree to accept such risks and expressly agree that ReTool (and ReTool's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ReTool. Please use caution, common sense, and practice safe buying and selling when using ReTool.

Other Resources: ReTool is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ReTool does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ReTool shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue

(A) JAMS: In the event a dispute arises between you and ReTool please contact ReTool. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Morris County, New Jersey, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.

(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.

(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in New Jersey. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

(E) Limitations Period: You and ReTool agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

(F) Intra-User Disputes and EU Dispute: In the event that you have a dispute with another ReTool user or third party, we encourage you to contact the other party and try to resolve the dispute directly. Should you have a dispute with one or more users, or an outside party, YOU RELEASE RETOOL (AND RETOOL'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. ReTool encourages users to report any unlawful activity to your local law enforcement, and to use a certified mediation or arbitration entity, as applicable.

For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Users will be obliged to provide their email address in order to use the ODR platform.

(G) Order Disputes: Issues related to transactions on ReTool can usually be resolved via direct communication between the buyer and the seller. If a buyer and seller are unable to resolve a dispute, ReTool may be able to help.

ReTool does so in ReTool's sole discretion, and ReTool has no obligation to resolve disputes between users or between users and outside parties. To the extent that ReTool attempts to resolve a dispute, ReTool will do so in good faith based solely on ReTool's policies. IN THE EVENT RETOOL INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE RETOOL (AND RETOOL'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.

If you are a party to a dispute, ReTool may contact you while attempting to resolve the dispute. If you do not respond to ReTool's inquiry regarding a dispute within forty-eight (48) hours, ReTool reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.

(H) Feedback: RETOOL WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF RETOOL'S POLICIES AS DETERMINED BY RETOOL IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.

(I) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE RETOOL (AND RETOOL'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.

7. Layaway

ReTool does not support layaway transactions. If you engage in an offsite layaway plan, ReTool will mark the item as paid and the seller will be solely responsible for tracking and enforcing the order.

8. Email, Text and Fax Communications

By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with ReTool and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from ReTool. You hereby expressly consent to communications of any kind from ReTool to the fullest extent permissible by law.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to ReTool. Please note that some changes to your account settings may take a few days to take effect.

9. ReTool's Intellectual Property

ReTool, and other ReTool graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of ReTool in the U.S. and/or other countries. ReTool's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of ReTool.

10. Access and Interference

ReTool may contain robot exclusion headers which contain internal rules for software usage. Much of the information on ReTool is updated on a real-time basis and is proprietary or is licensed to ReTool by ReTool's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access ReTool for any purpose whatsoever, except to the extent expressly permitted by ReTool's with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in ReTool's sole discretion, an unreasonable or disproportionately large load on ReTool's infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass ReTool's robot exclusion headers or other measures ReTool may use to prevent or restrict access to ReTool.

11. Breach of ReTool's Terms of Use and Policies

Without limiting its legal recourse or any other remedies, ReTool may, without notice, and without refunding any fees, delay or immediately remove Content, warn ReTool's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) ReTool suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Community Rules or other policies and community guidelines incorporated herein; (b) ReTool is unable to verify or authenticate any of your personal information or Content; (c) ReTool believes that a user is acting inconsistently with the letter or spirit of ReTool's Community Rules or policies; or (d) ReTool believes a user has engaged in improper or fraudulent activity in connection with ReTool or the actions may cause legal liability or financial loss to ReTool's users or to ReTool. Notwithstanding the foregoing, ReTool retains the right to suspend or terminate a user should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use or Community Rules. Use of the Site is a privilege, not a right.

12. No Warranty

RETOOL IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.

RETOOL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE RETOOL’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. RETOOL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM RETOOL SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT SHALL RETOOL, AND (AS APPLICABLE) RETOOL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, RETOOL’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. RETOOL’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF RETOOL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO RETOOL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. CITES and Claims Release

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife. Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture tools dictating that the cross-border transfer of tools containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping a tool internationally, you acknowledge that ReTool has informed you of the potential prohibitions set forth in CITES. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST RETOOL RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD RETOOL AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST RETOOL WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD RETOOL AND (AS APPLICABLE) RETOOL'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, THE COMMUNITY RULES OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

16. No Guarantee of Continuous Service

ReTool does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside ReTool's control.

17. Copyright Policy & Intellectual Property Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user.

18. Trademarks for Modified Tools

Users of the Site who engage in modifications of tools or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but ReTool will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).

19. ReTool Sites

ReTool Sites Terms of Use are located here. By utilizing ReTool Sites (including the ReTool App), you acknowledge that ReTool is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the ReTool Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your ReTool Site.

20. ReTool Integrations

Your use of ReTool Integrations indicates your assent to ReTool's Terms and Policies contained herein. By utilizing ReTool Integrations, you acknowledge that ReTool is providing an integration of the ReToolco.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing ReTool Integrations. While ReTool is providing ReTool Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the ReTool Integrations user. You hereby waive any and all claims against ReTool its officers, directors, employees and agents related to the use, maintenance, design and content of your ReTool Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your ReTool Integration(s). You further agree to indemnify and hold ReTool harmless for any third party claims or complaints associated with your use of ReTool Integration(s). ReTool Integrations are provided “as is” and with all faults. DO NOT UTILIZE RETOOL INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.

21. ReTool Guide

The Price Guide is a tool for ReTool users that bases its information on recent transactions on the Site or relevant external market data. ReTool does not warrant its accuracy nor guarantee that items will sell within the stated parameters.

22. Your Responsibility for Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ReTool service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on ReTool's net income). This includes sales and/or use taxes applicable in each jurisdiction, depending on the threshold required for collection. This responsibility may include applicable customs and fees for import and export sales; ReTool assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through ReTool.

For seller income tax purposes, as of January 1, 2022, if you receive $600 or more in gross sales through the site, exclusive of ReTool's fees, you will receive a Form 1099-K from ReTool and may be obligated to pay federal or state tax on your taxable income. ReTool is not responsible, in any manner, for paying taxes on your earnings or your use of the Site. ReTool cannot provide tax advice. Please contact your tax professional to determine whether or not you have a tax liability.

23. Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

We encourage all ReTool users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on ReTool. You agree to indemnify and hold ReTool harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

24. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

25. No Agency

You and ReTool are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

26. Modification of Service or Terms and Policies

ReTool reserves the right to modify or terminate the ReTool service for any reason, without notice, at any time, to the maximum extent permitted by law. ReTool reserves the right to alter these Terms of Use, including the Privacy Policy, the Community Rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.

27. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New Jersey, excluding its conflicts of laws rules, and the United States of America.

28. Sanctioned Countries, Politically Exposed Persons and Endangered Species

ReTool does not currently support transactions to, from or involving any comprehensively sanctioned countries (the "Sanctioned Countries") or with any Politically Exposed Persons ("PEPs"). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Use. Decisions will be made at the sole discretion of ReTool. Any items made from materials derived from endangered species will be removed if found on the Site.

39. Survival

All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.

30. Notices

Except as explicitly stated otherwise, any notices shall be given to the email address you provide to ReTool (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, ReTool may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ReTool. In such case, notice shall be deemed given three days after the date of mailing.

31. Disclosures

The services hereunder are offered by ReToolco.com, LLC.

Effective Date: January 19, 2022

Inventory Rules

Our goal is to make sure ReTool is a friendly and safe place to buy & sell tools. Therefore, members are required to comply with the Inventory Rules below when they upload their items.

Please note that these rules are a part of our Terms of Use. By creating an account on ReTool, you are agreeing to these rules and our Terms of Use.

ALLOWED ITEMS

You can sell on ReTool:

Hand tools
Power tools
Tool storage such as tool bags, tool boxes, chests, and pouches
Workwear such as clothing from Duluth Trading, Carhartt, Dickies, Ariat, Thorogood etc.
Personal protective equipment (PPE) such as safety glasses, hardhats and gloves
Ephemera related to the tool and construction industry such as manuals, pamphlets, vintage brochures, displays and signage

We reserve the right to redetermine what items are and aren’t allowed to be listed on ReTool. If we discover that certain items violate our terms or pose any risk to our members, we may remove those items even if they’re not listed below.

Listing Guidelines: Prohibited Items and Actions

Prohibited Items

Any item that violates a trademark or copyright will be removed or edited appropriately.
Non-tool related items
Any harmful language, imagery, or hate symbols are absolutely not allowed on the site.

Prohibited Actions

To ensure that everybody is on an even playing field, and that both buyers and sellers have a great experience on our platform, there are a few actions that are prohibited.

Ending and re-listing the same item repeatedly is not allowed. Some assume they can get a boost by trying to keep their item close to the front page of all recent listings.
Inflating the price of an item only for a price drop later is considered spam. Price drops are totally acceptable if they’re natural, but over-inflating crosses the line.
Listing an item with an artificially high or low price to drive traffic to the listing is prohibited. Your asking price should generally reflect what you'd like to receive for the item, considering its condition and fair market value.
If a user doesn’t have the item on-hand at their location, they shouldn't sell it. If someone buys the item, and they’re unable to ship it, that could result in a dispute.
Listing duplicates of the same item, whether within the same shop or across multiple accounts, is also prohibited.

Any of the above may result in suspended listings or account review.

Please make sure that your listings and items comply with our Inventory Rules. Other members may flag a listing of yours that appears to not comply with these rules for ReTool's review. If it is found that your item does not comply, it may end up being removed or hidden. You may also be subject to other actions, such as suspension or the blocking of your account.

GENERAL RULES

General:

You need to upload each of your items separately, under their corresponding category (and brand, if applicable).
You should only have one listing per item.
All the items should have an appropriate item condition assigned to them. In the item description, you must also describe any defect, alteration, or missing part of the item.
Bundle listings (sets) must state that it is a bundle or set in the 'listings' title and/or description. Each bundle listing must have the total price for all the items it includes. The items included in the bundle cannot be listed separately.
Your listing or profile description should not refer to external websites.

Item Photo Requirements:

The pictures used in your listing must meet the following requirements:

They must depict the item as it is – no image editing is allowed. We also recommend showing any defects, scratches, wear, etc.
They must be sharp and clear.
They must be taken by you for the purpose of using them on ReTool.
They cannot be replaced with stock photos, photos from ads or watermarked images.
The first photo should clearly depict the entire item. You're free to choose how you want to showcase your item in your additional photos. Note: You may upload up to 10 photos per listing.

Penalities:

When members disregard our Inventory Rules, we may take the following measures:

If a reported listing needs some changes, we make it invisible in the member's shop and we send a message to the member informing them of any actions they need to take. If the member doesn't take these actions, their item remains hidden;
If a reported listing includes a prohibited item, we remove the listing from the member's shop and send them a message informing them of the reason for the removal;
If a member uploads prohibited items (i.e., items from the above list of prohibited items or any other items violating our T&C and/or Inventory Rules) repeatedly, we may suspend their account (e.g., for a period of 7 days) or even block it permanently depending on the case, and send a message to the member informing them of this. For more information on this, please consult our Terms of Use.

ReTool Refund Policy

When you pay through ReTool, you also pay a Buyer Protection fee. It enables Buyer Protection for that specific order.

Buyer Protection applies until your order is completed. This entitles you to a refund if your item:

Never arrives
Is damaged in transit
Is significantly not as described

We recommend refusing the package if it’s been visibly damaged in transit – this will help you get a refund.

Purchased item doesn’t fit your needs?

Unfortunately, Buyer Protection doesn’t apply in these cases. You can still talk to your seller regarding the return, but it’s up to them to accept it. You can also upload the item to your own ReTool shop and sell it there.

How to get a refund

There are 4 steps to claiming your refund:

Submit your claim within 2 days (after the order status updates to “Delivered”)
Chat with the seller or contact us
Return the item
Receive a refund

1. Submit your claim within 2 days

Contact the seller and submit your claim to ReTool support within 2 days after the order was marked as ‘delivered,’ even if it didn’t actually arrive.

Important
If you miss the 2-day time frame or you click the "complete order" button your order will be completed. Buyer Protection will no longer apply, and we won’t be able to refund you. However, you and your seller may still try to solve this on your own.

2. Chat with the seller or contact us

We recommend that you come to an agreement with the seller. As long as you’ve submitted your claim within 2 days (see above), you may decide between 2 possible solutions:

Keep the item – If you have already contacted ReTool Support, please let us know you have you decided to keep the item.
Return the item – You can agree to return the item to the seller and claim a refund.

If you can’t come to an agreement with the seller, you can contact us. We will review the situation and make the final decision on the case. If we consider that the item is significantly not as described, we will issue a refund.

3. Return the item

Important
Usually, buyers cover the cost of the return postage unless you and your seller agree otherwise.

The return shipping cost depends on the shipping provider chosen by you and/or the seller. Any provider is suitable, as long as they offer package tracking.

4. Receive a refund

You will receive your refund to the same PayPal account that you originally paid from. The refunding process usually takes just a couple days.

Buyer Protection

Ensuring you’re protected while you’re buying on ReTool is one of our top priorities. For this reason, we cover you with Buyer Protection when you pay through ReTool. This takes care of:

1. Protection of your purchases

You can shop with peace of mind, knowing that we can refund you if your item:

Doesn't arrive
Arrives damaged
Is significantly not as described

Just press contact us and inform us within 2 days of the item being marked as ‘delivered’.

Your order will be completed, and the payment will be automatically released to the seller if you miss the 2-day time frame or if you ever hit the Complete Order button.

2. Extra measures against fraud

To make sure that no stranger can buy on behalf of you on ReTool, we put an extra layer of safety to your purchases. We randomly check transactions by prompting purchase verifications.

3. Support from our team

We’re always at hand if you need to resolve any questions related to your order. We’re here to ensure you have smooth and successful shopping on ReTool.

Good to know:

Buyer Protection fee is mandatory for every order made through ReTool and is applied automatically at checkout.