Seller Terms of Service

These Seller’s Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“Seller”, “you” or “your”) and the company doing business as JumboBee, a Florida limited liability company (referred to in these Terms as “Company”, “JumboBee”, “we”, “us” or “our”) for the use of the website https://jumbobee.com/, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform”).

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY COMPANY (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).

Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform, products, and services. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.

You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.

ARBITRATION NOTICE. You agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 26). For any dispute involving amount less than Eight Thousand ($8,000.00) Dollars, the Parties shall submit such disputes to non-binding mediation in Miami-Dade County (JAMS Rules).

Company provides you access to our personalized virtual Platform which brings together buyers and sellers to showcase, browse, discover, offer, sell, and buy (“Company Services”) unique goods, including farming equipment, construction equipment, and other heavy machinery (collectively, “Products”). The Platform enables Sellers to display their Products and selectively offer Products for sale at their discretion. Company is not a party to any purchase or sale agreement between Buyers and Sellers and does not own, possess, inspect, refurbish, evaluate, test, or verify any Products listed on the Platform. All Product information, including specifications, descriptions, condition statements, photographs, videos, pricing, availability, and any representations regarding operability, maintenance history, safety, load capacity, prior use, or regulatory compliance, is provided exclusively by the Seller.

Company is not a machinery dealer, broker, agent, insurer, escrow agent, custodian, or fiduciary. Company does not negotiate terms on behalf of Buyers or Sellers, does not verify title, lien status, or ownership, and does not confirm whether any Product conforms to OSHA standards, EPA or emissions requirements, manufacturer specifications, load ratings, safety certifications, or any regulatory or industry standards.

Any brand names or logos, including those relating to the make or model of a Product, are the intellectual property of their respective owners. You agree to indemnify and hold Company harmless from any claim that Company is acting as a machinery dealership, broker, insurance broker, escrow agent, or any other professional business entity as defined under applicable law.

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Platform; (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations; (d) you are legally permitted to sell, possess, operate, transport, or arrange shipment of heavy machinery and equipment under the laws of your jurisdiction; (e) you are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions or export restrictions; (f) you are not listed on any U.S. government denied-party, debarred, or restricted list, including OFAC’s Specially Designated Nationals List or BIS’s Denied Persons List; and (g) you are not selling Products on behalf of, or for the ultimate benefit of, any person or entity that is prohibited under U.S. law from receiving such goods.

2.1 Parents and Legal Guardians

If you are a parent or legal guardian who allows your minor children to use the Platform through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Platform. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Platform.

3.1 User Accounts

As a condition to using certain Platform features, you will be required to register for an account (“Account”). When you register for an Account, you must provide us with information about yourself that is accurate, current, and complete, and you agree to maintain and promptly update such information as necessary to keep it accurate, current, and complete. If you are registering or using an Account on behalf of a business entity, you represent that you are authorized to bind that entity and that the entity information you provide is accurate, current, and complete.

3.2 Security

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree not to share your login information with any third party and to notify Company immediately of any unauthorized use of your Account or any other breach of security. Company is not liable for any loss, damage, or unauthorized activity arising from unauthorized access to your Account, including losses resulting from phishing, credential theft, social engineering, or security breaches occurring outside the Platform

3.3 Information Provided

When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information which will provide you access to the Platform. You agree that any and all information you provide to us and to Seller is accurate and that you will keep it accurate and up to date, at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your Account is no longer secure, then you must immediately notify us at support@jumbobee.com.

3.4 Verification

Company may, in its sole discretion and at any time, request additional information to verify your identity, business information, financial information, authority, ownership, licensing, tax status, or eligibility to use the Platform, including government-issued identification, corporate records, proof of authority, beneficial ownership information, and other documentation. Company may, but is not obligated to, conduct screening or checks relating to identity verification, fraud prevention, sanctions and denied-party screening, and other compliance purposes, and may use third-party service providers and available public records to do so. Company does not conduct routine criminal background checks; however, Company reserves the right, in its sole discretion, to conduct background checks or other screenings at any time, including sex offender registry searches, and you authorize Company to do so. If Company elects to use a consumer reporting agency in connection with any screening, you authorize Company to obtain and use a consumer report (and, where permitted, an investigative consumer report) about you for eligibility, risk, compliance, fraud prevention, and Platform integrity purposes. Any verification or screening conducted by Company is solely for Company’s internal purposes and shall not constitute an endorsement, certification, guarantee, or representation regarding your legitimacy, creditworthiness, financial condition, compliance with law, or suitability for any transaction.

3.5 Seller Profile

In Connection with selling Products to a Buyer within your Account you will create a Seller profile (“Profile”). Your Profile information, will not be visible to Buyers and other Sellers. Your Profile may include elements such as a username and profile picture, among other features. All Profile content remains subject to these Terms and our Privacy Policy.

3.6 Incurring Liabilities

Notwithstanding any other terms of this Agreement, any acts or omissions by you that violate these Terms shall be deemed a breach of these Terms and you will indemnify, defend, and hold Company harmless from and against all damages, liabilities, costs, and expenses that Company may incur as the result of your such breach.

3.7 No Transfers

You may not transfer or assign your Account or any Platform privileges to any other person or entity without Company’s prior written consent.

The Company Services and Platform connect Buyers and Sellers. Below you will find the terms that are relevant to you as a Seller on the Platform.

4.1 Seller Policy

Seller acknowledges and agrees that (a) Company is not the Seller or Buyer of any Product, does not own or control any Product listed on the Platform, does not inspect or verify any Product, and makes no representations regarding the condition, operability, safety, suitability, specifications, prior usage, maintenance history, compliance with manufacturer standards, or compliance with any federal, state, or local regulations; (b) all Product information, including descriptions, specifications, photographs, videos, pricing, availability, and condition statements, is provided solely by the Seller and is not vetted, confirmed, or guaranteed by Company; and (c) Seller is solely responsible for determining the accuracy, completeness, and reliability of any Product information and for conducting whatever inspections, diligence.

Seller further acknowledges that heavy machinery, construction equipment, and agricultural equipment may contain latent defects, operational hazards, structural wear, mechanical issues, or safety risks that are not apparent from photographs or online descriptions. Seller assumes all risks associated with the viewing, inspection, purchase, transport, storage, operation, or use of any Product, including risks arising from inadequate or incorrect Product information provided by Seller.

Seller acknowledges and agrees that Seller shall not rely on any statements, comments, suggestions, estimates, summaries, tools, or other communications made by Company or its representatives, whether written, verbal, automated, or displayed on the Platform, as any guarantee or representation regarding any Product, Listing, pricing, availability, condition, compliance, marketability, or transaction outcome. Any assistance, communication, recommendations, formatting, facilitation, or operational support provided by Company is offered solely for administrative convenience and Platform functionality, and shall not be construed as advice, inspection, verification, certification, endorsement, brokerage, agency, or a warranty of any kind. Seller remains solely responsible for all Product-related representations and for independently determining the accuracy, completeness, and legal compliance of all Listings and transaction decisions, regardless of any input or assistance provided by Company.

Seller also acknowledges that Seller’s sole recourse for any dispute, misrepresentation, non-performance, or fraud lies exclusively against the Buyer. Seller expressly waives any claim against Company arising from Buyer conduct, Buyer misstatements, Buyer delays, or Buyer’s failure to perform.

Seller agrees to comply with all policies, procedures, and requirements applicable to Sellers on the Platform, including those relating to communication methods, proposals, inspection responsibilities, and the prohibition on off-Platform negotiation or circumvention of Company Fees.

4.2 Selling Process

In the solicitation, claim, acceptance, or performance of the sale of a Product, you agree to the following:

4.2.1 Contact with a Buyer relating to the purchase and sale of a Product will only take place through the Messaging Tool on the Platform if applicable. There will be no off-Platform communication relating to the purchase and sale of a Product. Any attempt to communicate, negotiate, or transact off-Platform constitutes a material breach of these Terms;

4.2.2 Company operates the Platform solely as a marketplace facilitator and payment intermediary, collecting amounts from Buyers (including applicable sales taxes where required by law) on behalf of Sellers and remitting net proceeds to Sellers in accordance with Platform procedures. You will make a direct payment of the Fee(s) to the Company. All payments must be processed through the Company on the Platform. Company acts solely as a pass-through payment facilitator and not as an escrow agent, fiduciary, broker, or guarantor of the transaction. Funds are held, processed, and released by the Company solely as an administrative convenience, and Company bears no responsibility for Seller performance, Product condition, title transfer, or the accuracy of any Listing; and

4.2.3 You will not solicit additional sales directly from the Buyer and, in the event you attempt to solicit a Buyer for an off-Platform sale, you shall direct the Buyer to make further sales to you through the Platform. Seller acknowledges that off-Platform transactions circumvent Platform safeguards and materially increase the risk of fraud, non-delivery, and misrepresentation, and Seller assumes all risks associated with any attempted off-Platform interaction.

4.2.4 Seller acknowledges and agrees that any inspection of a Product is arranged solely between Buyer and the Company. Seller is solely responsible for providing reasonable access to the Product for inspection, ensuring that any inspection site is safe and compliant with applicable laws, and coordinating logistics directly with the Buyer. Company may arrange, supervise, conduct, or participate in any inspections, however, it makes no representations regarding inspection feasibility, safety, results, or outcomes. Seller assumes all liability for conditions at the inspection location and agrees to indemnify and hold Company harmless from any claims, injuries, damages, losses, or disputes arising out of or relating to any inspection activity, including any injury to persons or damage to property occurring during inspection.

4.2.5 Waiver. You irrevocably waive the right to bring or assert any claim against the Company relating to any interactions or dealings with any Buyer and release the Company from any and all liability arising out of or relating to such interactions or dealings. This waiver includes, without limitation, any claims relating to: (a) misrepresentations, inaccuracies, omissions, or defects in any Listing; (b) delays, failures to respond, or non-performance by any Buyer; (c) Product condition, operability, safety, prior use, maintenance history, or compliance with any federal, state, or local law or regulation; (d) title status, ownership, or the existence of any liens or encumbrances; or (e) any dispute, negotiation, inspection, transportation, delivery, or communication between you and any Buyer. You further agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of Buyers on the Platform, including where the Company has provided administrative assistance, communications, or facilitation in connection with the Platform. You additionally waive any right to assert claims against the Company for contribution, indemnification, apportionment, or comparative fault in connection with any claim brought by a Buyer or third party arising out of or relating to your Listings, Products, or conduct.

4.3 Messaging Tool

Our Platform includes a chat feature that allows Sellers to communicate directly with Buyers (the “Messaging Tool”). The Messaging Tool enables you to discuss details about the sale of Products, ask questions, and learn more about the Buyer’s needs. All communications between Sellers and Buyers relating to a Product, a Listing, a proposal, or any contemplated or completed transaction must occur exclusively through the Messaging Tool. Company does not monitor, verify, endorse, or guarantee any statements made by you or Buyer through the Messaging Tool and is not liable for any inaccuracies, omissions, misrepresentations, or delays in communication. Seller acknowledges that no use of the Messaging Tool, nor any communication transmitted through it, shall constitute the “interception” of data or communications under any federal or state wiretap, privacy, or electronic surveillance statute.

The Messaging Tool may not be used for harassment or abuse of another; sending unsolicited advertisements or promotions; interfering with the sale or Products of another (interference means intentionally attempting to restrict, disrupt, or destroy another’s Products or the sale thereof); sending spam messages; the exchange of inappropriate, obscene, vulgar, or discriminatory language; continuously contacting a Seller or user who has requested you stop; proposing, encouraging, or attempting to arrange an exchange, negotiation, or sale off-Platform; or any other form of communication that would interfere with another’s use and enjoyment of the Platform in a safe and professional manner.

Seller agrees and acknowledges that any personal information shared through the Messaging Tool is shared at Seller’s sole risk, and Seller should only provide the minimum personal information absolutely necessary to facilitate the completion of a sale. Company shall not be liable for any misuse, unauthorized disclosure, fraud, or misconduct by Buyer or other users arising from or relating to Messaging Tool communications.

4.4 Information Regarding Buyers

4.4.1 All information relating to Buyers, including Buyer identities, business names, locations, descriptions, profiles, and any statements made through the Messaging Tool, is provided solely by the Buyer. Company does not verify, investigate, authenticate, audit, or confirm any information submitted by Buyer, nor does Company endorse, guarantee, or warrant the accuracy, completeness, legitimacy, title, ownership, or reliability of any Buyer or any Buyer-provided information. Seller is solely responsible for evaluating Buyer’s credibility and for conducting whatever diligence Seller deems necessary before entering into any transaction.

4.4.2 Seller acknowledges that communications or information provided by Buyer may be inaccurate, incomplete, misleading, outdated, or fraudulent. Company has no obligation to screen Buyer, conduct background checks, review business registrations or licensing, investigate criminal histories, assess financial condition or solvency, or verify whether a Buyer is authorized to purchase any Product. Company makes no representation that Buyers are reputable, solvent, trustworthy, compliant with applicable laws, or capable of entering into any transaction.

4.4.3 Seller agrees that any reliance on information provided by a Buyer is at Seller’s sole risk, and Seller expressly waives any claim against Company arising from Buyer misrepresentations, omissions, delays, failures to respond, failures to perform, fraudulent activity, or any other conduct or inaction by a Buyer. Company shall not be liable for any losses, damages, disputes, injuries, or operational, financial, or transactional harm arising out of or relating to information provided by Buyer or Buyer’s dealings with Sellers.

4.4.4 No Guarantees. You agree that Company does not endorse, guarantee, or make any representations about any Buyer, other user, or any outcomes thereof, except those clearly stated directly on the Platform. Company is not involved in and exercises no control over any agreements between Sellers, Buyers, carriers, inspectors, or other third parties, and disclaims all liability with respect thereto.

4.5 Listings

All listings displayed on the Platform, including any photographs, videos, descriptions, specifications, pricing, availability, operating hours, condition statements, history, usage, maintenance records, features, performance data, or other information relating to any Product (collectively, “Listings”), are submitted, created, and controlled solely by Seller. Company does not draft, edit, curate, inspect, test, verify, certify, approve, or confirm any Listing or any information contained therein and makes no representations or warranties regarding the accuracy, completeness, legality, compliance, timeliness, or reliability of any Listing. Listings are provided for general informational purposes only and may be incomplete, inaccurate, misleading, or outdated. Visual materials may not depict the current condition of a Product and may be affected by lighting, angles, image quality, filters, staging, or other limitations inherent in photography or video. Company has no obligation to publish, maintain, or continue to display any Listing and reserves the unrestricted right, in its sole discretion and without notice, to accept, reject, remove, suspend, disable, modify, reclassify, or limit the visibility of any Listing at any time and for any reason or no reason, including quality control, compliance, fraud prevention, risk management, safety concerns, operational constraints, or Platform integrity. Seller remains solely responsible for the accuracy, completeness, legality, regulatory compliance, and truthfulness of all Listings and for ensuring that Listings do not violate applicable law, third-party rights, or these Terms. Seller acknowledges that Company does not investigate or confirm any Listing content and expressly disclaims all liability arising from or relating to any Listing. Seller agrees to indemnify, defend, and hold harmless Company from and against any claim, loss, damage, liability, cost, or expense arising out of or relating to any Listing, including claims based on misdescription, omission, undisclosed defects, wear, prior usage, operability, performance, safety, compliance, or suitability for any particular purpose.

5.1 Seller Content

By creating an Account and Profile on the Platform, you may upload photographs, text, data, listings, specifications, and other materials (“Seller Content”). Seller Content is provided entirely at your discretion and is subject to the following terms and conditions:

5.1.1 You retain ownership of your Seller Content. However, you grant Company and its designees a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, and irrevocable right and license to use, host, store, reproduce, distribute, publicly display, publicly perform, create derivative works of, modify, adapt, and otherwise exploit Seller Content and your trademarks, logos, and designs (“Seller Trademarks”) in connection with the operation, administration, improvement, promotion, marketing, and provision of the Platform and related Company Services, including to demonstrate or display how Seller Content appears within Company products or services. This license survives termination of your Account and these Terms for any reason.

5.1.2 While you retain ownership of Seller Content and Seller Trademarks, all templates, layouts, interfaces, ranking methodologies, presentation formats, and arrangements through which Seller Content is displayed or organized on the Platform are proprietary to Company. All right, title, and interest in and to such elements remain exclusively with Company. You may not copy, reproduce, modify, reverse engineer, decompile, extract, export, or otherwise exploit any Company layout, interface, or presentation without Company’s prior written consent. Company may, in its sole discretion, edit, reformat, resize, compress, truncate, reorder, or otherwise modify Seller Content as necessary or desirable for Platform functionality, performance, or presentation, without liability to Seller.

5.1.3 You represent and warrant that you own or otherwise have all rights, licenses, permissions, and authority necessary to submit and license Seller Content and Seller Trademarks as contemplated herein, and that Seller Content does not and will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other right of any third party, nor violate any applicable law or regulation. Seller Content must not be unlawful, deceptive, fraudulent, threatening, abusive, hateful, defamatory, obscene, misleading, or otherwise objectionable, as determined by Company in its sole discretion.

5.1.4 You consent to the use of your name, image, likeness, voice, and biographical information in connection with Seller Content and Platform operations. You represent that you have obtained all necessary written consents, releases, and permissions from any identifiable individual appearing in Seller Content, including parental or guardian consent for minors under eighteen (18), and agree to provide copies upon Company’s request. Seller is solely responsible for compliance with all applicable image, likeness, and privacy laws.

5.1.5 Seller authorizes Company to access, obtain, collect, extract, receive, copy, store, host, synchronize, update, display, and otherwise process Seller’s inventory-related data, including listings, pricing, availability, specifications, descriptions, images, and related information (“Inventory Data”), whether provided directly by Seller, through integrations or feeds, or obtained from Seller’s publicly accessible systems or websites, including by automated or programmatic means. Seller represents and warrants that Seller has full authority to grant this authorization and that Company’s use of Inventory Data as contemplated herein does not violate any third-party rights, contractual restrictions, or applicable laws. Inventory Data constitutes Seller Content for all purposes of these Terms. Seller waives any claims arising from Company’s authorized access to or use of Inventory Data.

5.1.6 Company may, but has no obligation to, remove, restrict, edit, disable, or retain Seller Content at any time and for any reason, including for alleged violations of these Terms or applicable law. Company assumes no responsibility or liability for the removal, modification, non-removal, loss, or unavailability of any Seller Content. Seller is solely responsible for maintaining backup copies of Seller Content.

5.1.7 You agree to defend, indemnify, and hold harmless Company and its directors, managers, officers, employees, contractors, agents, affiliates, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to: (i) Seller Content or Seller Trademarks; (ii) Inventory Data; (iii) your use of the Platform; (iv) any misrepresentation, breach, or violation of these Terms or applicable law; or (v) any dispute between you and a Buyer or third party.

5.2 Limited License Grant to Company

By providing Seller Content through the Platform, you grant Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable license to host, store, copy, transmit, display, perform, reproduce, adapt, and distribute Seller Content in whole or in part, in any media or format now known or later developed, solely in connection with the Platform and Company Services. This license survives termination of these Terms.

5.3 Seller Content Representations and Warranties

Company disclaims any and all liability in connection with Seller Content. You are solely responsible for your Seller Content and the consequences of providing Seller Content via the Platform. By using our Platform and Company Services, and otherwise providing Seller Content via the Platform, you affirm, represent, and warrant that:

5.3.1 Company does not control any Seller Content transmitted via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such content;

5.3.2 Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Platform;

5.3.3 You agree to not use the Platform to impersonate any person or entity or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform; upload, post, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or upload, post, transmit or otherwise make available any unsolicited or unauthorized submission, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

5.3.4 You are the creator and owner of the Seller Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Platform to use and distribute your Seller Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Platform, and these Terms;

5.3.5 Your Seller Content, and the use of your Seller Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation; and

5.3.6 Unless otherwise stated herein, your Seller Content could not be deemed by a reasonable person to be objectionable, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

5.4 Seller Content Disclaimer

Company does not control and does not have any obligation to monitor Seller Content. We will not be in any way responsible or liable for Seller Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any Seller Content that in our sole judgment violates these Terms or is otherwise objectionable. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform for operational and other purposes. If at any time, Company chooses to monitor the content, Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. If Company chooses to monitor any content, it does not assume responsibility or liability for such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy, to which you expressly agree.

Company strictly prohibits use of the Platform in any manner that discriminates against, harasses, or targets any individual or group based on race, color, ethnicity, national origin, gender, gender identity, religion, sexual orientation, disability, immigration status, social class, or any other protected characteristic under applicable law. Prohibited conduct includes, without limitation, hateful or discriminatory content, hate speech, threats, harassment, intimidation, incitement of violence, or any content that demeans, attacks, excludes, or promotes discrimination against a protected class. Such content may not be displayed, listed, uploaded, transmitted, sold, communicated, or otherwise featured on or through the Platform in any form.

Seller is solely responsible for all content, Listings, communications, and conduct occurring under Seller’s Account and for the acts and omissions of Seller’s employees, contractors, agents, representatives, and any other persons acting on Seller’s behalf. Company may, in its sole and absolute discretion, remove, restrict, disable, or block any content, Listings, messages, or Accounts that Company determines violate this Section or pose risk to the Platform, users, or Company, and may suspend or terminate Seller’s Account without notice and without liability. Company has no obligation to monitor, investigate, or proactively screen content for discriminatory or hateful material and shall have no liability for any failure to do so, any enforcement action taken, or any content posted by Sellers or third parties.

Although Company may, in its sole discretion, make certain features or content of the Platform available free of charge, other features, services, or transactions may require payment of fees as disclosed on the Platform from time to time. Before any payment is submitted, you will be presented with the applicable fees and given an opportunity to review and accept them. All fees are stated in U.S. Dollars and, to the fullest extent permitted by law, are non-refundable once paid, whether or not a transaction is completed, except where Company expressly determines otherwise in writing in its sole discretion. You acknowledge and agree that Company has no obligation to provide refunds, credits, or chargebacks and that all payments are final. Company does not act as an escrow agent, trustee, fiduciary, broker, auctioneer, guarantor, or insurer with respect to any transaction conducted through the Platform. Any funds transmitted through the Platform are processed solely as a limited, administrative, pass-through convenience to facilitate transactions between Buyers and Sellers. Company does not take possession of, hold, safeguard, control, or assume responsibility for funds beyond such administrative transmission, and Company shall have no liability for the failure of any Buyer or Seller to remit, receive, or properly apply any payment.

7.1 Products

Subject to your compliance with these Terms, you may offer for sale Products through the Platform to potential Buyers. To list or offer one or more Products for sale on the Platform, you must comply with all Company requirements including the execution of the JumboBee Agreement as provided for by the Company.

You agree to provide only true, accurate, current, and complete information in connection with any Product offered for sale, and you further acknowledge and agree that by submitting or maintaining a Listing you are offering such Products for sale solely on the terms and conditions set forth herein. By accepting an offer from a Buyer through the Platform, you confirm your agreement to sell the applicable Products in accordance with these Terms.

Seller acknowledges and agrees that, except as expressly stated in this Agreement, Company does not guarantee Buyer performance, payment, Product condition, title transfer, Product availability, delivery, shipment, pickup, or completion of any transaction, and Company shall have no liability for any failure, delay, dispute, or nonperformance by any Buyer.

7.2 Prices

Seller reserves the right to determine pricing for its Products in its sole discretion and may change pricing at any time. Seller will make reasonable efforts to keep pricing information published on the Platform up to date. We encourage you to check our Platform periodically to ensure your pricing information is up to date. Company may change the fees for any feature of the Platform, including additional fees or charges. Company may also, in our sole discretion, make promotional offers with varying features and legal terms available to you. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Platform.

7.3 Authorization

You authorize Company to charge, debit, withhold, or collect all amounts applicable to transactions conducted through the Platform from time to time, including Company Fees, applicable taxes, chargebacks, reversals, adjustments, penalties, and other amounts owed, through the payment methods specified on the Platform, including wire transfer, ACH transfer, and approved third-party financing providers; you are solely responsible for any charges, fees, or costs assessed by your bank, payment processor, or financing provider. Company Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, without limitation, value-added, sales, use, gross receipts, or withholding taxes imposed by any jurisdiction whatsoever (collectively, “Taxes”). You are solely responsible for determining, reporting, and paying all Taxes arising out of or relating to your Listings, sales, proceeds, and use of the Platform and you further agree that you are solely responsible for any payment reversals, insufficient-funds situations, rejected transfers, or payment disputes initiated by you or your financial institution and agree to indemnify and hold Company harmless from all losses, fees, costs, and expenses arising therefrom.

7.4 Payment Processing

The Company accepts payment for Products and Company Fees exclusively via wire transfer, ACH transfer, or third-party financing arrangements (“Financing Provider”). No other payment methods are accepted except in the sole discretion of the Company. All payments must be initiated and completed through the Platform in accordance with Company instructions. The Company acts solely as a payment facilitator and administrative conduit and not as an escrow agent, fiduciary, broker, or guarantor of any transaction. Funds received by the Company are processed and disbursed solely as an administrative convenience, and the Company bears no responsibility for Seller performance, Product condition, title transfer, or the accuracy of any Listing. The Company shall have no liability for delays, failed or rejected transfers, intermediary bank actions, compliance holds, insufficient funds, incorrect routing or account information, or funds sent to an incorrect account due to Buyer or Seller error.

7.4.1 Financing Provider. If Buyer elects to finance a purchase through a Financing Provider, such financing is offered solely by the applicable provider and not by the Company. The Company does not underwrite, approve, guarantee, or administer financing and bears no responsibility for financing terms, approvals, denials, delays, interest rates, fees, or disputes. Buyer’s obligations under these Terms are independent of any financing arrangement, and failure to obtain or complete financing does not relieve Buyer of its obligations hereunder. If any payment is delayed, rejected, reversed, or otherwise not successfully completed, the Company may suspend or cancel the transaction, withhold release of the Product, or take other action permitted under these Terms until full payment is received.

If Company does not receive full payment for a transaction, the sale shall not be processed, and Seller shall not ship, release, transfer possession of, or otherwise make any Products available to a Buyer until Company confirms receipt of such payment in accordance with Platform procedures. You acknowledge and agree that Company does not control and is not responsible for any bank, financial institution, payment network, or third-party financing provider involved in wire transfers, ACH transfers, or financing transactions, including any errors, outages, delays, declined transactions, insufficient funds, intermediary bank actions, security incidents, or processing failures, and that any release or delivery of Products by Seller prior to confirmation of payment is solely at Seller’s risk and responsibility.

7.5 Delinquent Accounts

We may suspend or terminate your access to the Platform, if you fail to deliver any Products owed pursuant to a Purchase for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any unpaid amount, including legal fees and costs. Company may also report unpaid amounts to credit bureaus or collection agencies as permitted by law.

7.6 Complementary Services

We may make complementary services available to you (“Complementary Services”), from time to time. Your use of Complementary Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Complementary Services are provided to you without charge up to certain limits set forth by us and subject to change without notice. You agree that the Company, in its sole discretion and for any or no reason, may terminate access to the Complementary Services or any part thereof. You agree that any termination of access to the Complementary Services may be without prior notice, and you agree that the Company will not be liable to you or any third party for such termination.

7.7 AS-IS NATURE OF SERVICES

NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, ANY COMPLEMENTARY SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY AND WE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE COMPLEMENTARY SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE OUR LIABILITY WITH RESPECT TO THE COMPLEMENTARY SERVICES SHALL NOT EXCEED TEN ($10.00) DOLLARS. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE COMPLEMENTARY SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE COMPLEMENTARY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE COMPLEMENTARY SERVICES WILL BE ACCURATE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT: (A) SELLER’S USE OF ANY COMPLEMENTARY SERVICES WILL MEET SELLER’S REQUIREMENTS OR BUSINESS NEEDS; (B) ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS; OR (C) ANY DATA, METRICS, REPORTS, OR USAGE INFORMATION PROVIDED IN CONNECTION WITH THE COMPLEMENTARY SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE. SELLER ACKNOWLEDGES AND AGREES THAT ANY RELIANCE ON COMPLEMENTARY SERVICES IS AT SELLER’S SOLE RISK

8.1 As-Is, Where-Is

ALL PRODUCTS LISTED OR SOLD THROUGH THE PLATFORM ARE OFFERED FOR SALE DIRECTLY BY SELLER AND ARE PROVIDED STRICTLY ON AN “AS IS, WHERE IS, WITH ALL FAULTS” BASIS, WITH NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND BY COMPANY. WITHOUT LIMITING THE FOREGOING, PRODUCTS MAY CONTAIN DEFECTS, WEAR, DAMAGE, SAFETY HAZARDS, REGULATORY OR COMPLIANCE DEFICIENCIES, LATENT CONDITIONS, OR OPERATIONAL LIMITATIONS, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, INCLUDING WITHOUT LIMITATION ISSUES RELATING TO ENGINE PERFORMANCE, HYDRAULICS, ELECTRICAL SYSTEMS, STRUCTURAL INTEGRITY, UNDERCARRIAGE WEAR, FLUID LEAKS, EMISSIONS OR ENVIRONMENTAL COMPLIANCE, LOAD RATINGS, SOFTWARE OR FIRMWARE STATUS, TELEMATICS OR SENSOR DATA, HOUR-METER ACCURACY, MAINTENANCE HISTORY, PRIOR USE, OR ACCIDENT HISTORY.

COMPANY DOES NOT INSPECT, TEST, CERTIFY, REFURBISH, APPRAISE, VERIFY, CONFIRM, OR OTHERWISE EVALUATE ANY PRODUCT, AND DOES NOT MONITOR, SUPERVISE, OR PARTICIPATE IN ANY INSPECTION, EXAMINATION, OR CONDITION ASSESSMENT. ALL LISTINGS, DESCRIPTIONS, PHOTOGRAPHS, VIDEOS, SPECIFICATIONS, CONDITION REPORTS, MAINTENANCE LOGS, INSPECTION SUMMARIES, AND OTHER PRODUCT-RELATED INFORMATION DISPLAYED ON THE PLATFORM ARE PROVIDED SOLELY BY SELLER AND MAY BE INACCURATE, INCOMPLETE, MISLEADING, OUTDATED, OR UNVERIFIED. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY SUCH INFORMATION.

SELLER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, DISPUTE, LOSS, OR DAMAGE ARISING OUT OF OR RELATING TO PRODUCT CONDITION, PRODUCT DESCRIPTION, PRODUCT PERFORMANCE, SAFETY, COMPLIANCE, OR FITNESS FOR USE, WHETHER ARISING BEFORE OR AFTER SALE, DELIVERY, PICKUP, OR TRANSFER OF POSSESSION.

8.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR CONFORMITY TO DESCRIPTION. NO STATEMENT, LISTING, COMMUNICATION, FACILITATION, DATA POINT, TOOL, FEATURE, OR ASSISTANCE PROVIDED BY COMPANY, WHETHER ORAL, WRITTEN, VISUAL, ELECTRONIC, OR OTHERWISE, SHALL BE DEEMED TO CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO ANY PRODUCT.

SELLER ACKNOWLEDGES AND AGREES THAT ALL TRANSACTIONS CONDUCTED THROUGH THE PLATFORM OCCUR SOLELY BETWEEN BUYER AND SELLER, THAT BUYERS ARE SOLELY RESPONSIBLE FOR CONDUCTING ANY DUE DILIGENCE, INSPECTIONS, OR EVALUATIONS THEY DEEM NECESSARY, AND THAT ALL PRODUCT-RELATED RISKS ARE ALLOCATED EXCLUSIVELY BETWEEN BUYER AND SELLER. ANY DEFECTS, DEFICIENCIES, FAILURES, NON-CONFORMITIES, OR DISPUTES ARISING AT ANY TIME SHALL BE RESOLVED STRICTLY BETWEEN BUYER AND SELLER, WITHOUT INVOLVEMENT OF COMPANY.

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, REPAIRS, DOWNTIME, DIMINUTION IN VALUE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, REGULATORY PENALTIES, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO ANY PRODUCT, ITS CONDITION, ITS USE, OR ITS SALE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY OF LIABILITY. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS AND COMPLETION OF ANY TRANSACTION

9.1 Seller acknowledges and agrees that shipping, transportation, and logistics for Products sold through the Platform may, at Buyer’s election, be facilitated by Company through third-party logistics providers or arranged independently by Buyer. Seller shall reasonably cooperate in good faith with any lawful shipping or pickup arrangements selected in accordance with Company instructions and Platform policies. Seller is solely responsible for providing complete, accurate, and current pickup information, maintaining the Product in a condition suitable for release, making the Product available at the agreed location and time, ensuring safe and reasonable access for loading, and complying with all applicable laws, site rules, safety requirements, and environmental or regulatory obligations at or relating to the pickup location.

9.2 SELLER SHALL NOT SHIP, RELEASE, TRANSFER POSSESSION OF, OR OTHERWISE MAKE ANY PRODUCT AVAILABLE TO ANY BUYER OR CARRIER UNLESS AND UNTIL COMPANY EXPRESSLY CONFIRMS, IN WRITING OR THROUGH THE PLATFORM, THAT ALL PAYMENT, VERIFICATION, AND RELEASE CONDITIONS HAVE BEEN SATISFIED. Any release or transfer of possession in violation of Company instructions shall be deemed unauthorized and at Seller’s sole risk. Upon proper release of a Product in accordance with Company instructions, Seller shall have no responsibility for transit, delivery timing, carrier performance, or events occurring after release, except to the extent directly caused by Seller’s acts or omissions prior to or at the moment of release.

9.3 Company may use commercially reasonable efforts to coordinate with third-party logistics providers that maintain required licenses, permits, certifications, and insurance; however, Seller acknowledges and agrees that Company does not act as a carrier, freight forwarder, broker, bailee, warehouseman, or agent with respect to transportation services and does not control or operate any logistics providers. Company makes no representations or warranties regarding transport timing, carrier performance, shipment completion, or Product condition upon delivery. Any loss of, damage to, delay involving, or deterioration of a Product occurring prior to proper release, including without limitation damage arising from Seller’s handling, storage, loading assistance, unsafe site conditions, inaccurate information, failure to cooperate, or delay, shall be the sole responsibility of Seller.

9.4 Unless expressly stated otherwise in writing by Company, domestic truckers’ cargo insurance, if any, is provided solely by the carrier and not by Company. Marine cargo insurance for international shipments may be made available at Company’s discretion for purchase at an additional cost. Company makes no representation regarding the scope, adequacy, or availability of any insurance coverage, and Seller remains solely responsible for maintaining any insurance coverage Seller deems necessary prior to release of a Product.

9.5 Once a transaction has been successfully completed and the Bill of Sale/Invoice has been paid in full, the Company will coordinate with its logistics partners to arrange pickup and delivery of the Product if shipping service was selected. Seller shall timely cooperate with any lawful pickup or delivery arrangements coordinated in accordance with the Platform, including by making the Product available as scheduled and providing reasonable access for loading. Seller acknowledges that delays caused by Seller’s unavailability, failure to cooperate, inaccurate information, or site conditions may result in additional costs or disruptions and agrees to be responsible for any losses or claims arising from such Seller-caused delays.

9.6 Buyer Arranged Shipping

A Buyer may elect to coordinate transportation through their own carrier or freight provider rather than using shipping services offered by the Company. If a Buyer selects this option, Seller shall release the Product only to the Buyer or to the Buyer’s designated carrier identified in accordance with Platform procedures and only after Company confirms that all payment and release conditions have been satisfied. Seller shall not be responsible for carrier performance or transit events occurring after proper release, but remains solely responsible for any loss, damage, delay, or regulatory issue arising from Seller’s handling, storage, loading assistance, inaccurate information, unsafe site conditions, or failure to comply with release instructions prior to or at the time of release. The Company is under no obligation to assist with, intervene in, or mediate any disputes between the Seller and Buyer or Buyer and their chosen carrier, nor shall the Company be liable for any failures, delays, or damages associated with Buyer arranged shipping.

9.7 Cancellations

JumboBee reserves the right, in its sole discretion, to cancel, suspend, or void any transaction at any time, including after a sale has been completed, if the Company determines that doing so is necessary to protect the integrity of the Platform, comply with legal requirements, or prevent potential harm, fraud, or misuse. Cancellations may occur for a variety of reasons, including but not limited to failed or reversed payments, suspected fraudulent or unauthorized activity, violations of these Terms, regulatory or export restrictions, Seller unavailability, misrepresentation of the Products, or any circumstance in which completing the transaction becomes impracticable or unlawful. The Company may cancel a sale regardless of whether the Products have been shipped, are in transit, or have already been delivered to the Buyer. If the Company cancels a sale prior to delivery, the Buyer will not acquire title to the Products, and the Seller’s sole remedy shall be a return of the Products, less any applicable fees or deductions permitted under these Terms. If the Company cancels a sale after the Products have been delivered to the Buyer, the Buyer remains responsible for maintaining the safety, condition, and security of the Products until they are returned to the Seller or to another location designated by the Company. The Seller must cooperate fully with all return and retrieval instructions including facilitating loading and transportation at the Company’s direction.

10.1 For purposes of these Terms, “Abandonment” occurs when a Buyer fails to claim, pick up, or otherwise remove the Products from the Seller’s location or any designated holding facility within thirty (30) calendar days following the date the Products become available for release (the “Release Date”). A Buyer’s failure to remove the Products within this period constitutes conclusive evidence of the Buyer’s intent to abandon the Products. After the Release Date the Company takes title to the Products and assumes possession, control, custody, or responsibility for the Products.

10.2 In the event of Abandonment, the Seller irrevocably forfeits any and all rights, title, claims, or interest they may have in or to the Products, along with any right to proceeds from any disposal, dismantling, scrapping, resale, or liquidation of the Products. Without further notice to the Buyer, the Seller or storage provider, the Company may assist in facilitating, relocate, tow, crane-load, transport, remove, scrap, dispose of, or resell the Products through the Platform or through any affiliated or third-party channels. Seller acknowledges and agrees that: (a) such actions are necessary to mitigate storage burdens, preserve yard space, and maintain marketplace efficiency; (b) Company has no liability for any method, timing, condition, or proceeds of any disposal or resale; and (c) Seller waives any claim arising from the manner in which the Products are handled, sold, dismantled, or destroyed after Abandonment

11.1 Seller acknowledges that certain Products available through the Platform may be subject to United States export control laws, international sanctions, trade restrictions, and similar regulatory requirements (“Export Laws”). These may include, without limitation, the U.S. Export Administration Regulations (“EAR”), the sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), and any other applicable national, federal, state, or international regulations governing the export, re-export, transfer, shipment, sale, or use of goods. For any transaction involving the sale or shipment of Products to a foreign purchaser or destination, Company shall be the U.S. Principal Party in Interest (“USPPI”) and exporter of record, as such terms are defined under applicable U.S. Customs and Border Protection and U.S. Census Bureau regulations. In such cases, Company shall be responsible for export filing, exporter identification, and coordination of export documentation required for shipment.

11.2 Seller Obligations

Each Seller represents, warrants, and agrees that: (a) Seller shall not knowingly provide false, misleading, incomplete, or inaccurate information in connection with any Product, transaction, buyer, end-user, destination, or proposed use that would result in a violation of applicable Export Laws; (b) Seller shall not knowingly participate in, facilitate, assist, or support any transaction involving any individual, entity, organization, destination, or jurisdiction that is embargoed, sanctioned, or otherwise restricted under applicable Export Laws; (c) Seller does not knowingly list, offer, or sell any Products for any prohibited or restricted end-use defined under applicable Export Laws; and (d) Seller shall not take any action, nor knowingly omit any information required to be provided to Company, that would cause or reasonably be expected to cause Company or any Buyer to violate applicable Export Laws in connection with any transaction or shipment.

11.3 Screening and Enforcement

The Company reserves the right, at any time and in its sole discretion, to screen Sellers, Products, shipments, destinations, and transactions for compliance with Export Laws. The Company may suspend or cancel any order, restrict account access, withhold release of Products, or take any other action necessary to ensure compliance with applicable regulations. Seller agree to promptly provide any documentation or information requested by the Company or by regulatory authorities in connection with Export Law compliance.

11.4 Restrictions on Company-Arranged Shipments

If the Company facilitates or arranges shipping on behalf of a Seller, Company may refuse to ship any Products to a location that is prohibited or restricted under Export Laws. Company may require additional information, verifications, or certifications—including, without limitation, proof of identity, end-user statements, end-use assurances, or compliance documentation before releasing or transporting any Products. Company’s involvement in arranging shipping does not make Company the exporter or a party responsible for compliance with Export Laws.

11.5 Seller Liability

Sellers remain solely responsible for ensuring their own compliance with all applicable Export Laws. COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY ARISING FROM A SELLER’S FAILURE TO COMPLY WITH EXPORT LAWS, IMPROPER CLASSIFICATION, UNLAWFUL EXPORT OR TRANSFER, INACCURATE DOCUMENTATION, OR VIOLATIONS COMMITTED BY BUYER, SELLER, OR ANY THIRD PARTY. Any violation of this Section may result in account suspension or termination, cancellation of orders, forfeiture of Products, seizure by authorities, and reporting to governmental agencies. Seller agrees to indemnify, defend, and hold harmless Company from and against all claims, penalties, fines, liabilities, losses, costs, and expenses (including attorneys’ fees) arising from or relating to Buyer’s actual or alleged violation of Export Laws.

Although we have made every effort to display the Products and Company Services and their colors, images, and appearance as accurately as reasonably possible, the displayed attributes of the Products and Company Services depend upon your device, monitor, browser, and settings, and Company cannot guarantee that your monitor, display, or device will accurately portray the actual attributes, specifications, or condition of any Product. All Product information (including photographs, videos, specifications, condition reports, descriptions, maintenance histories, usage hours, and operational data) is provided solely by the Seller.

Products displayed on the Platform may be out of stock, unavailable, sold, misdescribed, inaccurately depicted, or discontinued, and prices are subject to change at any time without notice. Product images may show equipment in different states, with attachments, accessories, or configurations that are not included in the sale. Company is not responsible for typographical, photographic, data-feed, API-feed, or Seller-provided errors regarding price, specifications, description, or any other matter.

You acknowledge and agree that Company does not make any representations regarding the appearance, accuracy, quality, completeness, suitability, operability, or condition of the Products or the Company Services, and that your reliance on any Product information is entirely at your own risk.

Company may offer access to a blog or similar informational content on the Platform. You acknowledge and agree that the blog is provided solely for general informational, educational, and entertainment purposes and does not constitute professional advice of any kind, including financial, legal, operational, safety, mechanical, maintenance, appraisal, or equipment-usage advice. You agree that you will not rely on any information posted therein and that any reliance is at your sole risk. Company does not guarantee the accuracy, completeness, timeliness, or reliability of any blog content and assumes no obligation to update, correct, or maintain such content. Blog posts may include statements or opinions from third parties, and Company does not endorse, verify, or guarantee any such statements or opinions. Company shall have no liability for any errors, omissions, or outcomes arising from your use of or reliance upon the blog or any related content.

14.1 Third-Party Service Providers

The Company utilizes certain third-party service providers in connection with operation of the Platform and facilitation of transactions, which may include, without limitation: (i) identity verification, sanctions screening, and compliance service providers such as SumSub (https://sumsub.com/) ; (ii) tax calculation, collection, remittance, and information reporting service providers such as Avalara (https://avalara.com/); and (iii) third-party financing providers (or successor or replacement providers). All third-party services are provided by independent third parties and not by the Company. The Company does not control, endorse, guarantee, or assume responsibility for the acts, omissions, availability, accuracy, security, or performance of any third-party service provider. Your use of any third-party service is at your own risk and subject to the applicable third party’s terms and policies.

14.2 Linked Websites and Events

The Platform may contain links to third-party websites (“Third-Party Sites”) and may provide information regarding third-party events that may be of interest to you (“Third-Party Events”) (collectively, “Third-Party Information”). Third-Party Information is provided solely as a convenience and does not constitute an endorsement, recommendation, approval, or sponsorship by Company of the content on any Third-Party Site or any Third-Party Event. All such content is developed, owned, and controlled by independent third parties, not by Company, and Company has no control over, responsibility for, or involvement in any content, services, products, policies, or legal terms applicable to Third-Party Sites or Third-Party Events. By visiting any Third-Party Site, you agree to be bound by its posted terms, privacy policies, and other conditions, and you acknowledge that any concerns should be directed to the applicable site administrator or event organizer. Company makes no representations or warranties regarding the accuracy, completeness, legality, safety, reliability, availability, or timeliness of any Third-Party Information. Company is not the organizer of any Third-Party Event and shall have no liability whatsoever in connection with your attendance, participation, reliance, or use of information regarding such events. You should take precautions when downloading files from any website, including the use of industry-standard virus protection. If you choose to access any Third-Party Sites or attend any Third-Party Events, you do so entirely at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify, defend, and hold Company harmless from all claims, damages, losses, and expenses arising from or relating to your access to or use of any Third-Party Information.

14.3 Third-Party Service Providers

The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our Products, Services, website, as specified in these Terms or in our Products or Services. For more information, please visit our Cookie Policy and Targeted Ads Policy to which you expressly agree.

15.1 Our Platform contains proprietary material and materials licensed to us, including but not limited to software, text, graphics, images, databases, compilations, audiovisual content, user-interface elements, and other works of authorship (collectively, “Company Content”). Portions of the Company Content may be owned by Company and other portions may be licensed or otherwise made available to Company by third parties. The Company Content constitutes the intellectual property of Company or its licensors and is protected by copyright, trademark, patent, trade dress, trade secret, and other intellectual property laws of the United States and foreign jurisdictions. You have no rights in or to the Company Content except the limited right to access and use the Platform in accordance with these Terms. You may not use, copy, reproduce, store, display, publish, transmit, distribute, perform, upload, post, license, sublicense, assign, transfer, modify, create derivative works of, scrape, mine, extract, reverse engineer, decompile, or otherwise exploit the Company Content for any public, commercial, competitive, machine-learning, or data-aggregation purpose without Company’s prior written consent for each specific use. Any attempt to circumvent technological protections, watermarking, access controls, or usage restrictions is strictly prohibited. You must retain all copyright, trademark, and proprietary notices contained in the original Company Content on any copy you make. Unauthorized use of the Company Content may violate state and federal laws and may result in civil or criminal liability. If you violate any portion of these Terms, your right to access and use the Platform and the Company Content automatically terminates, and you must immediately destroy any copies you have made of the Company Content

15.2 The trademarks, service marks, and logos of Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Company Trademarks may not be used to disparage Company or the applicable third-party, Company or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Company Trademarks. Use of any Company Trademarks as part of a link to or from any website is prohibited without Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Company. None of the Company Content for this Platform may be retransmitted without the express written consent from Company for each and every instance.

15.3 Ownership; Proprietary Rights

The Platform is owned and operated by the Company. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the Platform are the property of Company or its third-party licensors. Except as expressly authorized by Company, you may not make use of the Materials except in connection with your use of the Platform. Company reserves all rights to the Materials not granted expressly in these Terms.

If you choose to provide input and suggestions regarding the design and performance of the Platform, Products, and/or Company Services, problems with, or proposed modifications or improvements to the Platform, Products, and/or Company Services ("Feedback"), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform, Products, and Company Services and create other products and services.

The Company acts solely as a marketplace facilitator Platform that enables Buyers and Sellers to discover, communicate, and transact with one another. Company is not a party to, agent for, broker of, guarantor of, or responsible for any agreements, negotiations, representations, obligations, warranties, or performance between Buyers and Sellers. Company does not control, supervise, or direct any Buyer or Seller, nor does Company guarantee the quality, condition, legality, title, accuracy, or suitability of any Products or the performance of any party.

The Company is not responsible for any disputes, claims, losses, injuries, delays, failures, defects, misrepresentations, or damages of any kind that might arise before, during, or after a transaction, including disputes regarding price, Product condition, delivery, title, payment, fraud, misrepresentation, non-performance, refunds, or contract interpretation.

All disputes arising out of or relating to the relationship between Buyers and Sellers shall be handled independently and exclusively by the parties involved. Buyers and Sellers agree to resolve their disputes directly with each other and irrevocably release Company from any and all liability, claims, demands, damages, costs, or causes of action of any kind arising out of such disputes.

Although the Platform may temporarily hold funds as a purely administrative pass-through mechanism, such holding does not create an escrow, fiduciary, trust, or custodial relationship. The Platform will hold payments only until the Buyer confirms completion of the sale or until the transaction otherwise reaches a state permitting disbursal under Platform procedures. The Seller will receive payment only when the transaction is completed and any active dispute is resolved. Company has no obligation to investigate or adjudicate any dispute and may act or decline to act based solely on its internal policies.

By using the Platform, you acknowledge and agree that any legal remedy or liability you seek for actions or omissions of a Buyer, Seller, or any third party will be pursued exclusively against that Buyer, Seller, or third party, and not against the Company. You further agree to indemnify and hold Company harmless from any claims or disputes arising between Buyers and Sellers.

18.1 DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:

DiSchino & Schamy, PLLC
Attn: Jumbobee Legal
Miami, Florida 33137
Email: admin@dsmiami.com

Only copyright complaints may be sent to our designated Copyright Agent, and no other communications or requests will be accepted or responded to if sent to that address. Company may, in its sole discretion, remove or disable access to material alleged to infringe copyright and may terminate repeat infringers as required under the Digital Millennium Copyright Act (“DMCA”). Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner; (b) a description of the copyrighted work or other intellectual property claimed to have been infringed; (c) a description of the allegedly infringing material and its location on the Platform, including a specific URL sufficient to identify the material; (d) the complaining party’s name, address, telephone number, and email address; (e) a statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information provided is accurate and, under penalty of perjury, that the complaining party is the copyright or intellectual property owner or is authorized to act on behalf of such owner. Submission of a knowingly false or misleading notice may result in legal liability, and Company may forward any such notice or related information to the user who posted the material or to governmental authorities as permitted by law.

IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM BEFORE SENDING THE NOTICE.

18.2 Repeat Infringers

Company will promptly terminate your Account if it is determined by Company that you are a repeat infringer.

We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing Buyers and Sellers, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your Account prior to the effective date of the revised Terms by contacting support@jumbobee.com to terminate your Account, and, if you have prepaid for any Services, request a pro rata refund for the remainder. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

20.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 19.2.

20.2 Termination

If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@jumbobee.com.

20.3 Effect of Termination

Upon termination of these Terms: (a) your rights to use the Platform and the Company Services will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access your Account, Profile or the Platform; (c) you must pay Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Platform and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

20.4 Modification of the Platform

Company reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Company Services or Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform. The availability of Company Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Company Content will be available or remain available on the Platform.

21.1 We may automatically update, patch, modify, upgrade, enhance, or otherwise change the Platform at any time and in our sole discretion, including, without limitation, to improve performance, enhance functionality, correct errors, reflect changes to operating systems or hardware, maintain compatibility, or address security, stability, or technical issues. Updates may add, modify, or remove features or functionality, and you agree that we shall have no liability to you for any such changes.

21.2 If you choose not to install required updates or if you disable or opt out of automatic updates (where such option is made available), the Platform may become unavailable, unstable, or may cease to function, and you may be unable to continue using the Platform. We have no obligation to provide support, maintenance, or compatibility for any version of the Platform other than the most current version.

To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend, indemnify, and hold harmless Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “Company Entities”) from and against any and all claims, demands, actions, investigations, enforcement proceedings, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or connected with your unauthorized use or misuse of the Platform (including any off-Platform interactions initiated through the Platform); your violation of any portion of these Terms, any incorporated or referenced agreement, any representation or warranty made by you, or any applicable law or regulation; your violation of any intellectual property, privacy, publicity, confidentiality, proprietary, or other third-party right; any dispute, transaction, accident, injury, failure to pay, chargeback, nonperformance, Product defect, inspection issue, export or import issue, transportation or loading incident, or any other matter between you and any Seller, Buyer, transporter, inspector, or other third party; or your negligence, misconduct, or failure to comply with safety, regulatory, or operational requirements. Company may, at its own expense and in its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnity obligations), and you agree to fully cooperate with such defense and promptly reimburse all related costs. Your indemnification obligations are in addition to, and not in lieu of, any other rights or remedies available to the Company Entities at law or in equity.

THE PLATFORM AND ALL MATERIALS, CONTENT, PRODUCTS, LISTINGS, DATA, MESSAGES, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ACCURACY; (B) ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND (C) ANY WARRANTIES REGARDING THE CONDITION, QUALITY, SAFETY, FUNCTIONALITY, DURABILITY, RELIABILITY, COMPLETENESS, COMPLIANCE, OR PERFORMANCE OF ANY PRODUCTS OR SERVICES OFFERED BY SELLERS OR THIRD PARTIES.

COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, CURRENT, TIMELY, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. COMPANY IS NOT RESPONSIBLE FOR THE INTERNET, NETWORK, HARDWARE, OR COMMUNICATION FAILURES OF ANY USER, SELLER, BUYER, OR THIRD-PARTY PROVIDER. COMPANY DOES NOT WARRANT, VERIFY, OR GUARANTEE ANY STATEMENTS, REPRESENTATIONS, DESCRIPTIONS, PHOTOGRAPHS, VIDEOS, SPECIFICATIONS, OR INFORMATION PROVIDED BY SELLERS, BUYERS, OR THIRD PARTIES, AND COMPANY MAKES NO WARRANTY THAT ANY PRODUCT WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR INTENDED USE.

NO ADVICE, INFORMATION, STATEMENT, OR COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS, NOR MAY YOU RELY ON ANY SUCH STATEMENT AS A WARRANTY. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, AND YOUR PURCHASE, SALE, TRANSPORTATION, INSPECTION, LOADING, OPERATION, OR HANDLING OF ANY PRODUCTS, IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, DEVICES, EQUIPMENT, SOFTWARE, OR DATA, INCLUDING LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, BUT ALL SUCH NON-WAIVABLE RIGHTS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, EQUIPMENT DAMAGE, OR ANY OTHER INTANGIBLE LOSS), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY DISPUTES BETWEEN BUYERS AND SELLERS, PRODUCT CONDITION, PRODUCT DEFECTS, MISREPRESENTATIONS, TITLE ISSUES, INSPECTIONS, LOADING, UNLOADING, TRANSPORTATION, EXPORT OR IMPORT ACTIVITIES, COMMUNICATIONS, TRANSACTION FAILURES, PAYMENT PROCESSING, OR THIRD-PARTY CONDUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO COMPANY FOR ACCESS TO OR USE OF THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500.00). THIS LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CLAIM, THE NUMBER OF INCIDENTS, OR WHETHER OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS A FUNDAMENTAL AND ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. EACH SUCH PROVISION IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS, AND THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

The Company may utilize third-party verification and compliance service providers, including SumSub (or successor providers), to conduct identity verification, sanctions screening, fraud prevention, and other compliance-related reviews of Buyers and Sellers. Such verification is performed solely to promote marketplace integrity, regulatory compliance, and risk management. Although JumboBee strives to promote a respectful and professional environment, it does not control or assume responsibility for the conduct, actions, representations, or omissions of any Buyer or Seller, whether on or off the Platform. You are solely responsible for evaluating the identity, legitimacy, and intentions of anyone with whom you choose to interact, and you agree to use your best judgment in all communications and transactions.

You acknowledge and agree that JumboBee makes no representations or warranties regarding the character, conduct, identity, health, physical condition, reliability, or truthfulness of any user. JumboBee reserves the right, but has no obligation, to conduct criminal background checks, identity verification, sex offender registry searches, sanctions screenings, or other forms of due diligence at any time using publicly available records or third-party databases. By using the Platform, you authorize JumboBee to perform any such screenings and to use any information you have provided for these purposes. If JumboBee elects to engage a consumer reporting agency to conduct a screening, you expressly authorize JumboBee to obtain, access, and use a consumer report or investigative consumer report to determine your eligibility under these Terms.

You understand that you are solely responsible for your interactions with other users. JumboBee cannot and does not guarantee your safety, does not vet or endorse any user, and is not a substitute for taking sensible precautions. Communications you receive through the Platform may originate from users who are engaging for improper purposes, including fraud, harassment, abuse, or other harmful conduct. You agree to exercise caution in all interactions with Buyers and Sellers, particularly if you choose to communicate outside the Platform or meet in person.

26.1 Generally

In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 26.2 and 26.3, you and Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

26.2 Exceptions

Despite the provisions of Section 26.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court (although all disputes for amounts for $8,000.00 or less must be submitted first to non-binding mediation in Miami-Dade County, Florida (JAMS Rules); (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

26.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending a letter to JumboBee at support@jumbobee.com that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, this Section 25 will be void and any action arising out of these Terms will be resolved as set forth in Section 25.3 The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

26.4 Arbitrator

Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

26.5 Mandatory Informal Pre-Suit Resolution Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Company’s address for Notice is: JumboBee at 2920 NE 207th Street, Suite 1010, Aventura, Florida 33180. The Notice must include: (a) your full name; (b) your address; (c) your telephone numbers; (d) your email address; (e) a description of the nature and basis of the claim or dispute; and (b) the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly for a period of at least sixty (60) days from the date of the Notice in an effort to resolve the dispute without the need for a formal proceeding. If Company requests a telephone conference with You in an effort to resolve the dispute, you agree to personally participate, with your legal representative if you have legal representation. Compliance with this Mandatory Informal Pre-Suit Resolution Process is a condition precedent to moving forward with any arbitration proceedings or any other formal proceedings. The parties acknowledge and agree that any action commenced in court or arbitration prior to exhausting the Notice process shall be defective and subject to dismissal at the cost of the party found to have prematurely brought a formal proceeding outside this Mandatory Informal Pre-Suit Resolution Process. The statute of limitation and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating good faith Mandatory Informal Pre-Suit Resolution Process.

26.6 Informal Pre-Suit Resolution Process

If the parties do not reach an agreement within sixty (60) days after the Notice is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

26.7 Fees

If you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for more than Ten ($10,000.00) Dollars, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida but if the claim is for Ten ($10,000.00) Dollars or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

26.8 No Class Actions

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

26.9 Modifications to this Arbitration Provision

If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to Company’s address for Notice of Arbitration, in which case your account with Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

26.10 Enforceability

If Section 26.8 or the entirety of this Section 26 is found to be unenforceable, or if Company receives an Opt-Out Notice from you, then the entirety of this Section 26 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 27.3 will govern any action arising out of or related to these Terms.

27.1 Privacy Policy

Company is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of eighteen (18) years who wish to allow their children access to the Platform are responsible for supervision of that access. When you register an Account for your child or allow your child to register his or her own Company account, you certify that you are at least eighteen (18) years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Platform. Please remember that the Platform is designed to appeal to a broad audience and age verification is mandatory to access Mature Content sections on the Platform. You acknowledge and agree that you will not permit anyone under the age of eighteen (18) to access Mature Content sections on the Platform under your age verification. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Platform areas are appropriate for your child. Registration data and certain other information about you is subject to our Privacy Policy, to which you expressly agree. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Company and its affiliates.

27.2 General Terms

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

27.3 Governing Law

These Terms are governed by the laws of the State of Florida, United States of America, without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. Our Platform is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that our Platform, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access our Platform do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

27.4 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

27.5 Privacy Policy; Cookie Policy

In connection with your access to the Platform and use of the Products and Services, you expressly agree to our Privacy Policy and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Platform. The Privacy Policy and Cookie Policy are part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.

27.6 Buyer Terms

By selling or offering to sell Products on the Platform, you expressly agree to be bound by our Buyer’s Terms of Service, as may be modified from time to time. Any capitalized term not otherwise defined herein has the meaning given to it in the Buyer’s Terms of Service.

27.7 Additional Terms

Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

27.8 Security Protocols

You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.

27.9 No Resale of Platform and Company Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform (including your Account), use of the Platform, or access to the Platform, and the Company Services.

27.10 Consent to Electronic Communications

By using the Platform, you acknowledge and agree that you are contracting with Company electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via e-mail or via the Platform). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message or (2) via the Platform. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons.

27.11 Marketing Communications

By agreeing to these terms, you expressly acknowledge and agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided.

27.12 Contact Information

The Platform is offered by the Company located at 2920 NE 207th Street, Suite 1010, Aventura, Florida 33180 You may contact us by sending correspondence to that address or by emailing us at support@jumbobee.com.

27.13 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform. For more information, please also read our Notice to California Residents.

27.14 No Support

We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.

27.15 International Use

The Platform is hosted from the United States of America and is intended for Buyers and Sellers located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.

If available to you, by downloading or using the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that these Terms between Company and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services, to which you expressly agree. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof. Company expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.

If available to you, by downloading or using the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Company or you (or any other user) under these Terms or the Google Play Terms.

29.1 Email, SMS, and Telephone

You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the Contact Us tab. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding the Company and the Platform, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms of Service or Privacy Policy).