Terms of Service

    EquipHunter — B2B Used Construction Equipment Disposal Platform

    Effective Date: April 10, 2026

    By using the EquipHunter B2B marketplace ("Marketplace"), you agree to the following Terms of Service. Please read them carefully.

    1. Definitions

    • Agreement: This shall refer to the entirety of the Terms of Service.

    • Buyer: The entity or individual purchasing Equipment through the Marketplace.

    • Completed Listing: The completion of Equipment listing by a registered User that includes all required information, as described below.

    • EquipHunter: The company EquipHunter.com, a registered Delaware C-Corporation and owner of the Marketplace.

    • Equipment: Any item listed for sale on the Marketplace.

    • Financing Partner: A vendor approved for the Platform and accredited to provide financing based on the transaction's activities and jurisdiction.

    • Marketplace: The online Platform provided by EquipHunter.com designed for buying and selling used construction Equipment.

    • Seller: The entity or individual offering Equipment for sale on the Marketplace.

    • Shipping Partner: A vendor approved for the Platform by EquipHunter along with any entities contracted by Shipping Partner.

    • Total Purchase Amount: The amount of Equipment purchases inclusive of Equipment price, taxes, and shipping fees.

    • User or Users: Any persons or corporations that access and register for the Platform with the intent of buying or selling Equipment.

    • Seller Data: Any data, content, or information related to Equipment provided directly by the Seller or obtained from Seller-authorized sources, including but not limited to websites, inventory systems, ERP platforms, third-party listings, images, descriptions, specifications, maintenance records, pricing data, and related materials.

    • Gross Misrepresentation: A material inaccuracy, omission, or misleading statement in a listing that significantly impacts the value, condition, functionality, or identity of Equipment, including but not limited to undisclosed mechanical issues, incorrect specifications, or false operating condition.

    • Seller-Authorized Data Sources: Any systems, platforms, or locations designated, controlled, or approved by the Seller from which EquipHunter may retrieve Seller Data, including websites, inventory management systems, APIs, or third-party platforms.

    • 72-Hour Launch: An expedited listing process in which EquipHunter may publish Special pricing for equipment listings for approximately seventy-two (72) hours using available Seller Data, including automated or partial data inputs, subject to Seller review and completion.

    • Guaranteed Exit: An optional Equipment disposition pathway in which EquipHunter facilitates sale through third-party auction partners or alternative channels, with or without reserve pricing, as elected by the Seller.

    • Auction Partner: A third-party auction platform or service provider approved by EquipHunter to facilitate the sale of Equipment through auction-based transactions.

    • Buyer Network: EquipHunter's aggregated base of potential buyers, including registered users and targeted outreach.

    • Binding Transaction: A legally enforceable agreement between Buyer and Seller formed upon acceptance of final pricing, shipping, or financing terms and submission of payment through the Platform.

    • Active Listing: A listing that is publicly visible and available for purchase on the Marketplace.

    • Inactive Listing: A listing that has been removed, sold, or otherwise withdrawn from availability.

    • Pricing Guidance: Non-binding pricing recommendations provided by EquipHunter based on internal data, market comparables, and valuation benchmarks.

    • Platform Services: The tools, features, and services provided by EquipHunter, including listing creation, marketing, buyer matching, pricing insights, transaction facilitation, and logistics coordination.

    2. User Accounts and Responsibilities

    2.1 Account Creation

    Users must provide accurate and complete information when creating an account.

    2.2 Know Your Customer (KYC Verification)

    EquipHunter may require Users to complete Know Your Customer (KYC) or Know Your Business (KYB) verification processes, and one or more financial payment methods such as Credit Card or Bank Account (ACH).

    2.3 Account Maintenance

    Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. EquipHunter may retain account, transaction, and communication records for audit, compliance, and regulatory purposes for a period of at least five (5) years from the date of the relevant activity.

    2.4 Prohibited Activities

    Users are prohibited from:

    • Violating any applicable laws or regulations.
    • Infringing on intellectual property rights.
    • Engaging in fraudulent or deceptive practices.
    • Attempting to circumvent the Marketplace's systems or security measures.
    • Reselling or offering for sale in any way the Equipment listed on the Marketplace unless previously agreed to in writing by EquipHunter.

    2.5 Account Access to Marketplace

    2.5.1 Unregistered Users

    Unregistered Users can search for Equipment but cannot list or buy on the Marketplace.

    2.5.2 Registered Users

    Registered Users can access all Marketplace content and list, sell, or buy equipment.

    Access to list and sell Equipment on the Platform is subject to EquipHunter approval. Users may be required to submit business verification and support information. EquipHunter may approve or deny access at its discretion.

    2.5.3 Marketplace Platform Disclaimer

    EquipHunter is a neutral marketplace platform that facilitates the connection between Buyers and Sellers of equipment. EquipHunter does not own, inspect, store, manufacture, or take possession of any items listed on the Platform.

    EquipHunter does not guarantee the legality, safety, functionality, or quality of any Equipment listed by Sellers. The contract for sale is formed directly between the Buyer and the Seller. EquipHunter is not a party to that contract and is not responsible for enforcing, mediating, or interpreting the terms of any such agreement.

    2.6 Legal Capacity and Authority

    Users acknowledge that any claims, legal disputes, or issues arising from a transaction—whether related to payment, Equipment condition, or delivery—must be resolved directly between the transacting parties.

    2.7 Equipment Alerts

    EquipHunter may provide notification tools that alert Users to newly listed Equipment matching specified criteria.

    Alerts are provided on a best-efforts basis and do not constitute reservation, priority access, or guarantee of availability.

    3. Listing Equipment

    3.1 Non-Exclusive Listing Authorization

    Seller authorizes EquipHunter to list, market, promote, and facilitate the sale of Seller's Equipment on the Marketplace and through EquipHunter's affiliated channels, including its Buyer Network, marketing distribution channels, and Auction Partners, on a non-exclusive basis.

    Seller retains the right to market and sell Equipment through other channels; however, any transaction involving a Buyer sourced directly or indirectly through EquipHunter shall be completed in accordance with these Terms of Service, including the Anti-Circumvention Policy set forth in Section 4.

    EquipHunter operates solely as a technology platform and transaction facilitator and does not act as a broker, agent, dealer, or fiduciary for either Buyer or Seller unless explicitly agreed in writing.

    EquipHunter does not take ownership, possession, or control of Equipment at any time.

    EquipHunter is authorized to:

    • Create and publish listings based on information provided by the Seller or obtained from Seller-authorized data sources.
    • Enhance and distribute listings across its platform, buyer network, and marketing channels.
    • Utilize automated tools, integrations, and data ingestion processes to generate and maintain listings.
    • Seller may request to modify or remove a listing at any time prior to a binding transaction, subject to any active buyer engagement, pending transaction, or obligations under these Terms.

    Seller agrees to:

    • Maintain accurate and up-to-date listing information.
    • Promptly notify EquipHunter if Equipment becomes unavailable, sold, or materially changes condition.
    • Honor all obligations associated with any transaction initiated through the Marketplace.

    EquipHunter reserves the right to remove or suspend listings that are incomplete, inaccurate, misleading, or non-compliant with Marketplace standards. This includes transactions completed through auction partners or third-party channels where the Buyer was sourced through EquipHunter.

    3.2 Listing Requirements

    To create a listing, Seller shall provide accurate and complete information, including:

    • All images must accurately represent the actual Equipment being sold. Stock images, AI-generated images, or images of different units are strictly prohibited.
    • Seller is responsible for ensuring all imported, synced, or automated listing data is accurate and reflects the specific Equipment listed. Equipment category, brand, model, and year.
    • Equipment ID or serial number.
    • Current usage (hours/mileage).
    • Included attachments or components.
    • Size and weight specifications.
    • Maintenance and service records.
    • Confirmation of a documented B-Service (250-hour service) completed within thirty (30) days prior to listing, if applicable.
    • Photos and videos accurately representing Equipment condition.
    • Any additional inspection data as required by the Platform.

    EquipHunter reserves the right to standardize, format, enhance, or supplement listing information for consistency and performance across the Marketplace.

    3.3 72-Hour Launch Window

    No Binding Transaction shall occur until Seller approval, except in cases where Seller has enabled Priority Access or otherwise authorized early transaction acceptance.

    Seller acknowledges that EquipHunter may initiate an expedited listing process ("72-Hour Launch") using available Seller Data, including automated, incomplete, or system-generated inputs, for the purpose of rapidly introducing Equipment to the market and generating Buyer interest.

    During the 72-Hour Launch period:

    • Listings may contain estimated or system-generated pricing.
    • Listings may be incomplete or subject to refinement.
    • Buyer activity, inquiries, and interest may be generated.
    • No Binding Transaction shall occur until Seller has reviewed and approved final listing details, pricing, and applicable transaction terms.
    • Seller retains the right to modify or approve listing details prior to any Binding Transaction.

    EquipHunter shall not be liable for:

    • Pricing discrepancies during this period.
    • Incomplete or evolving listing data.
    • Buyer expectations formed prior to Seller confirmation.

    3.4 Equipment Pricing & Guidance

    Seller retains full responsibility for establishing Equipment pricing.

    EquipHunter may provide Pricing Guidance based on internal data, market comparables, and valuation benchmarks, including but not limited to OLV, FLV, and FMV.

    All pricing guidance is non-binding and does not constitute a guarantee of sale price or transaction outcome.

    3.5 Accuracy of Information and Seller Responsibility

    Seller represents and warrants that all information provided, whether submitted directly or sourced from Seller-Authorized Data Sources, is true, accurate, complete, and not misleading.

    Seller represents and warrants that all Equipment is free and clear of all liens, encumbrances, and legal claims unless explicitly disclosed in the listing.

    Seller agrees to indemnify and hold harmless EquipHunter and any Buyer from claims arising from undisclosed liens, title defects, or ownership disputes.

    Seller acknowledges that:

    • All listing information forms the basis of Buyer purchase decisions.
    • All listing information is relied upon for Equipment acceptance under Section 10.
    • Any automated or imported data remains the Seller's responsibility to verify.

    Any material inaccuracy, omission, or misleading statement shall constitute a Gross Misrepresentation.

    In the event of Gross Misrepresentation, Seller shall be responsible for:

    • Return shipping costs.
    • Repair costs required to bring Equipment into conformity with the listing.
    • Price adjustments required to complete the transaction.
    • Any direct damages incurred by the Buyer as a result of such misrepresentation.

    EquipHunter reserves the right to:

    • Offset such amounts from Seller proceeds.
    • Suspend or terminate Seller access to the Marketplace.
    • Remove or suppress listings associated with repeated violations.

    3.6 Listing Updates, Withdrawal, and Active Transaction Protection

    Seller may modify or remove a listing at any time prior to a Binding Transaction, subject to the limitations below.

    Seller may not withdraw, modify, or materially alter a listing if:

    • A Buyer has submitted an offer.
    • A transaction is in progress.
    • Equipment is under active negotiation.
    • EquipHunter has initiated buyer engagement or sourcing activity.

    Without prior written approval from EquipHunter and fulfillment of any resulting obligations, including applicable fees.

    Seller must promptly notify EquipHunter if Equipment becomes unavailable, is sold outside the Marketplace, or undergoes a material change in condition.

    Failure to do so may result in:

    • Listing removal or suspension.
    • Reduced Marketplace visibility.
    • Financial liability if such failure disrupts a transaction.

    3.6.1 Priority Access

    EquipHunter may offer a Priority Access feature that allows Buyers to submit offers or complete transactions prior to the conclusion of the 72-Hour Launch Window. Priority Access transactions may become Binding Transactions once accepted in accordance with Section 6. Seller retains the right to accept or reject Priority Access offers unless otherwise agreed.

    3.7 Guaranteed Exit and Auction Partner Option

    EquipHunter may offer Seller optional Equipment disposition pathways, including auction-based sales through approved Auction Partners ("Guaranteed Exit").

    "Guaranteed Exit" refers to a structured and managed disposition process and does not guarantee timing, pricing, or sale outcomes unless explicitly agreed in writing.

    At Seller's election, EquipHunter may:

    • Facilitate Equipment placement with Auction Partners.
    • Coordinate auction sales with or without reserve pricing.
    • Manage the disposition process as part of a broader sale strategy.

    Seller retains full discretion to:

    • Approve or decline participation in auction processes.
    • Set reserve pricing where applicable.
    • Accept or reject auction outcomes.

    Seller acknowledges that:

    • Auction outcomes are market-driven.
    • Bidder participation and pricing are not guaranteed.
    • Auction Partners operate independently of EquipHunter.

    If Equipment is sold through an Auction Partner introduced or coordinated by EquipHunter:

    • EquipHunter's commission shall remain applicable.
    • Such transaction shall be treated as Marketplace-originated.
    • Auction Partner fees shall be the responsibility of the Seller unless otherwise agreed.

    EquipHunter shall not be liable for:

    • Auction performance or outcomes.
    • Actions, omissions, or conduct of Auction Partners.

    3.8 Prohibited Equipment

    Sellers may not list Equipment that:

    • Is stolen or subject to law enforcement investigation.
    • Is encumbered by undisclosed liens or legal claims.
    • Is under active lease or financing restrictions prohibiting transfer.
    • Is subject to unresolved manufacturer recall without disclosure.
    • Requires licensing or permits for transfer that are not disclosed.
    • Is unsafe or unlawful to sell.

    EquipHunter reserves the right to remove any such listings at its discretion.

    4. Anti-Circumvention Policy

    To maintain the integrity of the EquipHunter marketplace and ensure fair transactions for all Users, Buyers and Sellers are strictly prohibited from circumventing the Platform by directly contacting each other to complete a transaction outside of EquipHunter. Any attempt to bypass the Platform's payment system, avoid commissions, or solicit direct deals outside of EquipHunter will be considered a violation of these Terms of Service.

    4.1 Prohibited Actions

    Prohibited circumvention actions include but are not limited to:

    • Exchanging contact information (phone numbers, emails, social media, or other communication channels) with the intent of finalizing a transaction off-Platform.
    • Negotiating, finalizing, or completing sales outside of EquipHunter to avoid applicable fees.
    • Encouraging or responding to off-Platform transactions in any manner.
    • Buyers who persistently contact or pressure Sellers to conduct transactions outside of EquipHunter.
    • Using a third party not approved by the Platform to finance equipment purchases.
    • Buyers may arrange independent shipping or pickup, provided such arrangements are agreed to between Buyer and Seller and do not circumvent Platform payment or transaction requirements.
    • Promoting or selling equipment listed on the Platform through other channels without obtaining explicit written consent from EquipHunter is prohibited.

    4.2 Enforcement and Penalties

    Users who violate the Anti-Circumvention Policy may face legal penalties for breach of contract. EquipHunter reserves the right to impose financial penalties equal to the lost commission and pursue legal action if necessary. Violators may face account suspension or permanent banning from the Platform. Buyers or Sellers who engage in circumvention may be permanently blacklisted and prohibited from using EquipHunter.

    4.3 Participation Agreement

    By using the Platform, Users agree to conduct all transactions through the Platform and acknowledge that violations of this policy may result in immediate penalties and account termination.

    5. Buyer Tax-Exempt Status

    5.1 Tax-Exempt Certificate

    Users who qualify for tax-exempt status must provide and maintain an up-to-date Tax-Exempt Certificate with the Marketplace.

    5.2 User Responsibility

    It is the Users' sole responsibility to ensure their Tax-Exempt Certificate is current and valid. Use of an expired or invalid certificate may result in the imposition of applicable taxes and penalties.

    6. Purchase Process

    6.1 Transaction Overview

    The Platform supports Buy Now (fixed price) and Request Quote (negotiated) transactions. Binding agreement forms only after acceptance and payment.

    The Marketplace facilitates transactions between Buyers and Sellers of Equipment. EquipHunter does not take ownership of Equipment and is not a party to the underlying sale agreement.

    All transactions must be completed through the Platform in accordance with these Terms of Service.

    The Platform may support multiple transaction modalities, including:

    • Buy Now: Fixed-price purchase where Buyer agrees to listed price.
    • Request Quote: Buyer initiates a negotiation process, and no Binding Transaction is formed until pricing and terms are finalized and accepted.

    6.2 Shipping Estimate

    When a Buyer initially selects a piece of Equipment for Purchase, the Platform will provide an estimated shipping fee. This is a non-binding estimate. When the Shipping Partner provides a final shipping fee, the Buyer will have up to 24 hours to accept or decline. The Platform and Shipping Partner will use best efforts to provide a final shipping proposal within 24 hours.

    6.3 Buyer Payment Options

    Buyers on the Platform have three choices for paying for Equipment, Shipping, and Taxes:

    • Credit Card
    • ACH (from connected bank accounts)
    • Financing by Marketplace approved vendors

    6.3.1 Credit Cards

    Buyers using credit cards will be charged an additional 3% processing fee.

    6.3.2 ACH

    There are no additional charges for using ACH.

    6.3.3 Financing

    Users seeking pre-approval for a specific amount or financing for Equipment must follow the Marketplace's vendor process. Approved Financing Proposals will result in an agreement between the Buyer and Financing Partner.

    6.3.4 Financing Terms

    Users financing Equipment will deal directly with an approved vendor. Except as stated in this Agreement, the relationship is solely between the Buyer and Financing Partner.

    EquipHunter is not responsible for User non-compliance with financing terms agreed upon with the Financing Partner.

    6.3.5 Separate Payment for Taxes and Shipping

    When a Buyer finances Equipment, they can elect to pay taxes and shipping separately using Marketplace-approved methods, as defined in Section 5.

    6.3.6 Binding Agreement Formation

    A legally binding agreement between Buyer and Seller is formed once the Buyer has accepted a final shipping or financing proposal and submitted payment via the Platform. EquipHunter is not a party to this agreement and assumes no responsibility for enforcement beyond the Buyer Protection Program described in Section 16.

    6.4 Shipping, Taxes, and Seller Payment

    6.4.1 Shipping

    Except for international purchases defined in Section 8 and Equipment Financing as defined in Section 6, the Platform shall be responsible for paying Shipper Partners based on the funds collected from the Buyer.

    6.4.2 Taxes

    Except for international purchases defined in Section 8 and Equipment Financing as defined in Section 6, the Platform will be responsible for paying sales tax and filing appropriate documentation based on state and local jurisdiction requirements.

    6.4.3 Seller Payment

    Except for Equipment Financing as defined in Section 6, the Platform will be responsible for paying Sellers based on the listed equipment price minus Platform Commission and Transaction Fees as described in Section 6.3.

    6.5 Platform Commission and Transaction Fees

    Unless otherwise agreed in a separate written agreement between the Seller and EquipHunter, Sellers will be paid the listed price on the Platform minus an eight percent (8%) commission fee and a $899.00 Buyer Transaction fee. These fees apply to:

    • All transactions completed through the Platform.
    • Any transaction involving a Buyer sourced through EquipHunter.
    • Any transaction completed via Auction Partners introduced or coordinated by EquipHunter.

    Failure to complete transactions through the Platform may result in enforcement under Section 4 (Anti-Circumvention).

    6.6 Buyer Cancellation

    Refunds are processed within 5–10 business days depending on payment method.

    The Buyer has the option to cancel a proposed purchase at no cost based on:

    • Non-acceptance of shipping proposal.
    • Non-acceptance of financing proposal.

    6.7 Cancellation Behavior

    • Users who consistently cancel transactions before completion may be subject to suspension or removal from the Platform.
    • Once a Binding Transaction has been formed, Buyer may not cancel without cause.
    • Unauthorized cancellation may result in penalties, suspension, or loss of Platform access.

    6.8 Fraud Prevention and Compliance

    We take fraud prevention, financial security, and regulatory compliance seriously. To facilitate secure transactions and verify the identity of our users, we utilize third-party payment processors and compliance providers. These third-party providers implement Know Your Customer (KYC) and Know Your Business (KYB) protocols in accordance with applicable laws and financial regulations.

    By using our services, you acknowledge and agree that:

    • Identity Verification: third-party payment processors and compliance providers may require you to provide information and documentation to verify your identity and/or business before processing transactions.
    • Fraud Detection: We employ advanced monitoring tools and algorithms to detect, prevent, and mitigate fraudulent activity. Suspicious transactions may be flagged, delayed, or denied at our discretion or at the third-party processor or compliance provider’s discretion.
    • Regulatory Compliance: We comply with all applicable anti-money laundering (AML) and financial crime prevention laws. Third-party payment processors and compliance processes ensure that transactions are conducted in a secure and legally compliant manner.
    • Account Security: You are responsible for maintaining the security of your account credentials and notifying us immediately of any unauthorized activity. We reserve the right to suspend or terminate accounts that engage in fraudulent or suspicious activities, as determined by our risk assessment procedures and third-party payment processors and compliance providers.

    6.9 Fee Adjustment Policy

    6.9.1 Transparency of Fees

    All fees, including listing, transaction, and service fees, are clearly outlined in EquipHunter's Terms of Service and Pricing Schedule. Fees are charged in accordance with the published rates at the time of the transaction.

    6.9.2 Circumstances for Fee Adjustments

    Fees may be adjusted under the following circumstances:

    • Market Conditions: Changes due to inflation, cost of operations, or competitive pricing.
    • Regulatory Compliance: Modifications to comply with changes in local laws or tax regulations.
    • Service Enhancements: Introduction of new features, tools, or services that impact operational costs.

    6.9.3 Promotional or Volume-based Discounts

    Are at EquipHunter's sole discretion.

    • Notification of Changes: EquipHunter is committed to providing users with at least 30 days' notice before any fee adjustments take effect. Notifications will be sent via email and prominently displayed on the marketplace.
    • User Acknowledgment: Continued use of the platform after the effective date of the fee adjustment constitutes acceptance of the new fee structure. Users who disagree with the changes may close their accounts without penalty before the adjustment takes effect.
    • Review and Feedback: EquipHunter values user feedback and encourages users to share their thoughts on fee adjustments. Feedback can be submitted through the marketplace's support channels.

    7. Funds Distribution

    Seller payments will be initiated within two (2) to five (5) business days following Buyer acceptance or deemed acceptance, subject to processing timelines and any applicable holds for dispute resolution or compliance review. Except for International Purchases, defined in Section 8, and Equipment that is fully financed, inclusive of shipping and taxes, the distribution of funds will be as follows:

    • Upon acceptance of Equipment and Shipping prices, inclusive of applicable taxes (Total Purchase Amount), the Platform shall capture all required funds through a third-party payment holding account or payment processing system.
    • The funds in the escrow account will be used to pay for shipping.
    • Upon acceptance of the Equipment as described in Section 10, the Platform shall use the escrow account to pay taxes and the Sellers minus the Platform Commission and Transaction Fees.

    7.1 Financing

    Financing Partners are responsible for the distribution of funds allocated for financed equipment.

    8. International Purchases

    Buyers in countries outside of the US are responsible for any and all taxes or import duties associated with the purchase of Equipment on the Platform. Furthermore, Sellers agreeing to the sale of Equipment to Buyers outside of the US will be paid in full before the shipping of Equipment.

    International transactions may follow modified payment and release procedures.

    Seller payment timing, inspection rights, and risk allocation may differ and will be governed by transaction-specific terms.

    8.1 User Responsibility

    The Seller and Buyer participating in an international transaction shall be responsible and liable for ensuring adherence to all applicable laws.

    9. Shipping and Delivery

    9.1 Shipping Responsibility

    Unless otherwise specified and agreed in writing by EquipHunter, the Platform will arrange for the shipping of Equipment through vetted and approved Shipping Partners.

    9.2 Buyer Responsibilities

    The Buyer will be responsible for paying all applicable shipping fees.

    9.3 Shipping Claims

    It is the Buyer's responsibility to notify the Shipping Partner within 24 hours of delivery of any issues they believe are the responsibility of the Shipping Partner. The Buyer and the Shipping Partner will directly manage resolution of shipping claims.

    9.4 Shipping Timeframes

    The Platform will work with Shipping Partners to deliver the Equipment promptly but assumes no liability for delays nor is a delay in delivery an acceptable reason for non-acceptance as described in Section 10.

    10. Equipment Acceptance

    10.1 Timeframe

    Upon delivery of Equipment, the Buyer shall have a period of twenty-four (24) hours ("Acceptance Period") to inspect and either accept or reject the Equipment.

    Inspection may include visual review, operational testing (where reasonably feasible), and verification against the listing details.

    If Buyer does not provide written notice of acceptance or non-acceptance within the Acceptance Period, the Equipment shall be deemed accepted.

    10.2 Shipping Claims

    Even if the Buyer files a claim with the Shipping Partner in accordance with Section 9.3, they must still make an equipment acceptance decision within the timeframe specified in Section 10.1.

    10.3 Non-Acceptance of Equipment

    If the Buyer does not accept the Equipment, they must provide a written explanation, including pictures and videos explaining their reason for non-acceptance. Reasons for non-acceptance include:

    • Equipment has mechanical issues not disclosed by the Seller.
    • Equipment, as delivered, is a Gross Misrepresentation based on the information provided by the Seller in the listing and purchase process.

    10.4 Non-Acceptance Adjudication

    Upon Buyer submission of a valid non-acceptance claim within the Acceptance Period, EquipHunter shall facilitate a structured resolution process between Buyer and Seller.

    Based on the evidence provided, resolution may include one or more of the following:

    • Price adjustment agreed upon by Buyer and Seller.
    • Seller-funded repairs necessary to bring Equipment into conformity with the listing.
    • Return of Equipment to Seller, including allocation of shipping costs.

    If Gross Misrepresentation is confirmed:

    • Seller shall be responsible for all return shipping costs.
    • Seller shall bear financial responsibility for remediation or transaction reversal.
    • EquipHunter may offset such costs from Seller proceeds.

    If non-acceptance is determined to be invalid:

    • Equipment shall be deemed accepted.
    • Buyer shall remain responsible for the full transaction.

    EquipHunter reserves the right to make final determination based on the information provided, acting in good faith to enforce Marketplace standards.

    10.5 Escrow and Release of Funds

    All transaction funds shall be held in a third-party payment holding account or payment processing system until completion of the Acceptance Period.

    Upon acceptance (or deemed acceptance):

    • Funds shall be released in accordance with Section 7.
    • Seller shall receive payment net of applicable fees.

    In the event of valid non-acceptance:

    • Third-party payment holding account or payment processing system may be held pending resolution.
    • Funds may be reallocated in accordance with the agreed resolution outcome.

    EquipHunter shall have the right to direct escrow disbursements consistent with the terms of this Agreement.

    Any approved refunds will be processed within five (5) to ten (10) business days depending on the Buyer's payment method and financial institution.

    10.6 Buyer Conduct and Abuse Protection

    Buyers are expected to act in good faith when evaluating Equipment.

    EquipHunter reserves the right to:

    • Reject non-acceptance claims that are unsupported or inconsistent with listing details.
    • Suspend or terminate Buyers who engage in repeated or abusive rejection behavior.
    • Limit platform access for Buyers who fail to complete transactions in good faith.

    Patterns of behavior that may result in enforcement include:

    • Repeated cancellations without valid cause.
    • Misuse of the acceptance process to renegotiate pricing.
    • Failure to provide required documentation for dispute.

    10.7 Platform Role and Limitation of Responsibility

    • EquipHunter acts solely as a facilitator of the transaction and dispute process.
    • EquipHunter does not inspect, certify, or guarantee Equipment condition.
    • EquipHunter is not a party to the underlying sale agreement between Buyer and Seller.
    • EquipHunter does not assume liability for Equipment condition, performance, or suitability.
    • All disputes related to Equipment conditions remain between Buyer and Seller, subject to the structured resolution process described herein.

    11. Dispute Resolution and Liability

    11.1 Structured Dispute Process

    All disputes related to Equipment condition, performance, or transaction outcomes must first follow the structured process outlined in Section 10 (Equipment Acceptance).

    This process serves as the primary and mandatory method of resolving disputes between Buyers and Sellers.

    11.2 Platform-Facilitated Resolution

    EquipHunter may, but is not obligated to, facilitate resolution between Buyers and Sellers.

    Such facilitation may include:

    • Reviewing submitted evidence.
    • Coordinating communication between parties.
    • Proposing resolution outcomes.

    EquipHunter reserves the right to make a final determination regarding:

    • Validity of claims.
    • Classification of Gross Misrepresentation.
    • Appropriate financial adjustments.

    All determinations are made in good faith to enforce Marketplace standards.

    11.3 Escrow Enforcements and Remedies

    EquipHunter shall have the authority to:

    • Hold funds through a third-party holding account or payment processing system pending dispute resolution.
    • Allocate or reallocate funds based on resolution outcomes.
    • Offset amounts owed by either party.

    In cases of Seller fault, including Gross Misrepresentation:

    • Seller funds may be reduced or withheld.
    • Seller may be required to cover shipping, repair, or price adjustments.

    In cases of Buyer fault:

    • Funds may be released to Seller.
    • Buyer may be subject to penalties or suspension.

    11.4 Limitation of Platform Responsibility

    EquipHunter:

    • Is not a party to the underlying transaction between Buyer and Seller.
    • Does not inspect, certify, or guarantee Equipment.
    • Does not assume responsibility for Equipment condition, performance, or suitability.

    EquipHunter's role is limited to facilitating transactions and enforcing Platform rules.

    To the fullest extent permitted by law, EquipHunter shall not be liable for:

    • Indirect, incidental, or consequential damages.
    • Lost profits or business interruption.
    • Disputes arising from Buyer or Seller conduct.

    11.5 Arbitration

    If a dispute cannot be resolved through the Platform's structured process, the dispute shall be resolved through binding arbitration.

    Arbitration shall:

    • Be conducted in the State of Delaware.
    • Follow applicable arbitration rules.
    • Be conducted on an individual basis.

    11.6 Class Action Waiver

    Users agree that all disputes shall be resolved on an individual basis.

    Users waive the right to participate in:

    • Class actions.
    • Collective proceedings.
    • Representative claims.

    11.7 Enforcement and Platform Protection

    EquipHunter reserves the right to:

    • Suspend or terminate Users involved in repeated disputes.
    • Remove listings associated with high dispute frequency.
    • Restrict access to Platform services.

    Patterns of abuse, including fraudulent claims or repeated misrepresentation, may result in permanent removal from the Marketplace.

    12. Intellectual Property

    12.1 Marketplace Content

    All content on the Marketplace, including but not limited to text, graphics, logos, and software, is the property of EquipHunter, Inc. or its content suppliers and is protected by copyright laws.

    Users may not manipulate, suppress, or fabricate feedback in connection with Platform transactions. EquipHunter reserves the right to remove or moderate any items that appear fraudulent, retaliatory, or abusive, and may act including account suspension.

    12.2 User Content

    By submitting content to the Marketplace, Users grant EquipHunter, Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with the Marketplace. This includes content provided directly by the Seller or obtained from Seller-authorized data sources, including websites, platforms, or integrated systems.

    12.3 Ownership of Equipment Images and Descriptions

    The intellectual property rights to images and descriptions of equipment listed on the Marketplace remain with the Seller. However, by listing the equipment, the Seller grants EquipHunter a license to use these materials for the purpose of promoting the equipment and the Marketplace.

    12.4 Use of EquipHunter Branding and Logos

    Sellers may use EquipHunter's branding and logos solely for the purpose of indicating their participation in the Marketplace. Any other use requires explicit written consent from EquipHunter.

    12.5 Takedown Procedure for IP Violations

    EquipHunter will respond to valid notices of alleged copyright infringement in accordance with applicable law.

    Notices must include sufficient detail to identify the content and ownership claim.

    EquipHunter reserves the right to remove or disable access to allegedly infringing content and to terminate repeat infringers.

    13. Data Protection and Privacy

    13.1 Data Collection and Storage

    EquipHunter collects and stores user data in accordance with its Privacy Policy. This data includes personal information provided during account creation, transaction history, and usage data.

    13.2 Compliance with Data Protection Regulations

    EquipHunter is committed to complying with all applicable data protection regulations, including GDPR and CCPA.

    EquipHunter may store and process personal data in jurisdictions outside the user's country of residence. For users located in the EU or UK, data transfers are governed by standard contractual clauses or other safeguards in accordance with GDPR. By using the Platform, users consent to such international transfers.

    User Rights Regarding Personal Data:

    Users have the right to access, correct, and delete their personal data. They also have the right to object to the processing of their data and to data portability, as outlined in the Privacy Policy.

    14. Platform Security

    14.1 Security Measures

    EquipHunter employs industry-standard security measures to protect the Platform and user data from unauthorized access, use, or disclosure.

    14.2 User Responsibilities

    Users are responsible for maintaining the security of their accounts, including choosing strong passwords and protecting their login credentials.

    14.3 Reporting Security Breaches

    Users must immediately report any suspected security breaches or suspicious activities to EquipHunter.

    14.4 Service Downtime and Liability

    EquipHunter does not guarantee uninterrupted platform access and is not liable for disruptions due to maintenance, cybersecurity attacks, or external factors. EquipHunter provides basic support for technical issues affecting platform access and use. However, EquipHunter does not warrant uninterrupted access and is not liable for support delays, third-party outages, or user-side device or connectivity issues.

    15. Seller Performance Metrics

    EquipHunter reserves the right to review Seller performance and act where necessary, including reduced visibility, suspension, or removal. Buyer Protection Program.

    16. Platform Updates and Changes

    16.1 Notification of Changes

    Users will be notified of significant platform changes or updates via email or through announcements on the Marketplace.

    16.2 Acceptance of New Terms

    Continued use of the Marketplace after the implementation of new terms constitutes acceptance of those terms.

    16.3 Grace Periods

    EquipHunter may provide grace periods for users to adapt to new platform features or policies.

    17. Termination and Account Suspension

    17.1 Conditions for Termination or Suspension

    EquipHunter may terminate or suspend user accounts for violations of these Terms of Service, including but not limited to:

    • Providing false or misleading information.
    • Engaging in fraudulent or deceptive practices.
    • Violating the Anti-Circumvention Policy.
    • Repeatedly failing to meet seller performance standards.

    17.2 Appeals Process

    Users whose accounts have been suspended may appeal the decision by contacting EquipHunter's support team.

    Review Process: EquipHunter's compliance team will review the appeal and respond within 14 business days. Additional information may be requested during this period.

    Final Review: After review, the team will provide a final decision. If the appeal is approved, the account may be reinstated, and any applicable data restored.

    Dispute Resolution: If a user disagrees with the final decision, they may seek resolution through mediation or arbitration, as outlined in EquipHunter's terms of service.

    Filing an Appeal: Users who believe their account was terminated in error can submit a formal appeal within 30 days of receiving the termination notice. Appeals must include:

    • The user's full name and account details.
    • A detailed explanation of why they believe the termination was incorrect.
    • Any supporting evidence or documentation.

    17.3 Account Termination

    EquipHunter reserves the right to terminate user accounts for violations of its terms of service, fraudulent activities, or other reasons specified in its policies. Users will receive an official notice of account termination, including the reason for the termination, via their registered email address.

    17.4 Post-Termination Data Handling

    • After account termination, EquipHunter will retain user data in accordance with its Privacy Policy and applicable laws.

    User data may be kept for a specified period for compliance, legal, or administrative purposes. Personal data not required for these purposes will be permanently deleted or anonymized. Users may request a copy of their account data (e.g., transaction history, invoices) within a specified timeframe following account termination. Requests must be submitted through EquipHunter's support portal.

    18. Data Retention Policies

    EquipHunter retains user data for a minimum of five (5) years unless otherwise required by law.

    19. Modifications to Terms

    EquipHunter, Inc. reserves the right to modify these Terms of Service at any time. Users will be notified of any changes, and continued use of the Marketplace after such modifications will constitute acceptance of the new terms.

    20. Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA.

    By using EquipHunter, Inc., Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

    For users located outside the United States, you agree that the laws of the State of Delaware, USA, shall govern this agreement and any disputes related to the Platform, regardless of conflict-of-law principles in your jurisdiction.

    21. Force Majeure Clause

    1. Definition of Force Majeure: EquipHunter and its users shall not be held liable for any failure or delay in fulfilling their contractual obligations due to unforeseen circumstances beyond their reasonable control. These events include, but are not limited to, acts of God, natural disasters (e.g., earthquakes, floods, hurricanes), pandemics, government-imposed lockdowns, wars, riots, strikes, cyberattacks, or any other extraordinary events that render performance impossible.
    2. Notification Requirement: The affected party must notify the other party in writing as soon as reasonably possible, providing details of the force majeure event, its impact on performance, and the expected duration of the disruption.
    3. Suspension of Obligations: During the force majeure event, the affected party's obligations under the agreement shall be suspended. Both parties agree to make reasonable efforts to mitigate the impact of the event and resume performance as soon as feasible.
    4. Termination Option: If the force majeure event continues for an extended period (e.g., 60 days or more), either party may terminate the agreement without penalty, provided written notice is given.
    5. Exclusions: Force majeure shall not apply to obligations that can reasonably be performed despite the event or to delays caused by negligence or lack of reasonable foresight.
    6. Dispute Resolution: Any disputes arising from the invocation of this clause shall be resolved through negotiation, mediation, or arbitration, as outlined in EquipHunter's terms of service.

    22. Digital Acceptance and Electronic Signatures

    By using the Platform, you consent to conduct transactions electronically and acknowledge that your electronic acceptance of these Terms of Service constitutes a binding agreement. This includes any click-to-accept actions or digital acknowledgments provided during account registration, listing creation, or purchase processes.

    23. API Use & Third-Party Integrations

    Any use of EquipHunter's APIs or third-party integrations must be authorized in writing and comply with EquipHunter's data security and technical standards. Unauthorized use, scraping, or reverse-engineering of the Platform is strictly prohibited and may result in legal action. Seller-authorized integrations, data transfers, or data extraction performed by EquipHunter for the purpose of listing and marketing Equipment shall not be considered unauthorized use under this section.