Terms and Conditions of ReTooled Pro
Effective Date: August 8, 2025
Welcome to ReTooled Pro (“ReTooled,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) are a legally binding agreement between you and ReTooled LLC governing your access to and use of the ReTooled Pro website, marketplace, and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms, as well as any other policies referenced herein (such as our Privacy Policy and Return/Refund Policy). If you do not agree with these Terms, you must not use the Service. By accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
The Service provides an online marketplace exclusively for licensed beauty professionals to buy and sell pre-owned or overstock salon/spa tools, supplies, chemicals, equipment, and furniture. When users list and sell items on the Service, they are “Sellers,” and when users purchase items, they are “Buyers.” Buyers and Sellers enter into a contract for the sale of items directly with each other; ReTooled Pro is not a party to such transactions. We do not act as an agent for either buyers or sellers. ReTooled Pro simply facilitates the marketplace platform.
Arbitration Notice: Please read this agreement carefully, because it requires that most disputes be resolved through informal negotiations and binding arbitration on an individual basis, rather than in court. You and ReTooled Pro each waive the right to a jury trial and to participate in class actions or other representative proceedings for disputes. See the “Dispute Resolution” section below for details.
This Service is intended only for licensed beauty professionals in the United States and its territories. By registering for ReTooled Pro, you represent that: (a) you are at least 18 years old; (b) you hold a current, valid license or certification in a beauty industry field (e.g. cosmetologist, barber, esthetician, nail technician, massage therapist, tattoo artist, etc.) as required by your state or territory; and (c) all registration information you submit is truthful and accurate. We reserve the right to verify your professional license or credentials at any time and to suspend or terminate your account if you do not meet these eligibility requirements or if your information is found to be false.
In order to access buying or selling features, you must create a user account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must not impersonate anyone or provide false details in your profile. Each individual or business entity is generally limited to one account (unless otherwise approved by us). You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. Keep your password secure and notify us immediately at info@retooled.pro if you suspect any unauthorized access or security breach. ReTooled Pro is not liable for any loss or damage arising from your failure to safeguard your account credentials.
You are responsible for all usage on your account. You may not transfer or sell your ReTooled Pro account to any third party without our prior written consent. We reserve the right to suspend or terminate any account that (i) provides false information, (ii) violates these Terms or our policies, or (iii) is inactive or causing harm to the Service or other users.
Listing an item on ReTooled Pro is free. However, a service fee is deducted from the final sale price when an item is sold, as part of our commission-based model. By selling on ReTooled Pro, you agree to the following fee structure:
For sales over $15, ReTooled Pro charges a 15% commission on the final sale price (excluding taxes and shipping).
For sales of $15 or less, a flat fee of $2.95 is applied.
In addition to the commission, you may also be responsible for applicable payment processing fees, shipping label fees, or taxes, as described on our platform. All owed fees will be automatically deducted from your sale proceeds before the remaining balance is released to you.
ReTooled Pro reserves the right to update its fee structure from time to time. Any changes will be communicated in advance when required by law and will not apply retroactively to sales completed prior to the effective date of the change.
Buyers must pay for purchases through the authorized payment methods provided by the Service (such as credit card or other supported payment providers). You agree not to attempt to circumvent the payment system or complete transactions outside of the ReTooled Pro platform. Sellers authorize ReTooled Pro to collect payment on their behalf from the Buyer, and to deduct any applicable fees, taxes, or refunds, before transferring the net amount to the Seller. Payouts to Sellers will be issued within a reasonable time after the successful completion of a transaction (for example, once the item is delivered and the buyer’s return/refund window under our policies has passed). ReTooled Pro distributes seller payments securely via PayPal.
You are responsible for any taxes that apply to your sales or purchases on ReTooled Pro. Where required by law, ReTooled Pro will collect applicable sales taxes (e.g. state sales tax, use tax, etc.) from Buyers at checkout on behalf of Sellers and remit those taxes to the appropriate authorities. The sales price listed for an item does not include any such taxes; any collected tax will be shown to the Buyer before order confirmation. If a transaction is not taxed by us at the time of sale, you (as a Buyer or Seller, as applicable) remain responsible for determining and paying any taxes due, and for reporting the transaction to tax authorities as required by law. ReTooled Pro does not provide tax advice; please consult a tax professional for guidance on your tax obligations.
This section applies to users who list or sell items (“Sellers”):
Permitted Items: ReTooled Pro is a niche marketplace for beauty industry tools and supplies. You may list pre-owned (“pre-loved”) or overstock items in categories relevant to licensed beauty professionals (e.g. salon equipment, hair styling tools, barber chairs, esthetician machines, nail polish racks, professional-use chemicals and products, salon furniture, etc.). Make sure your items are clean and safe for resale. You must have the legal right to sell each item you list (for example, you own the item outright or are an authorized reseller). Do not list any item that is stolen, counterfeit, illegally obtained, or that you do not have permission to sell. ReTooled Pro may also sell a small selection of branded merchandise (such as tote bags or t-shirts) directly to users.
Prohibited Items: You must not list any items that violate our policies or applicable law. Prohibited items include, but are not limited to:
Illegal or Regulated Products: Any product that is illegal to sell or ship, including controlled substances, prescription drugs, or drug paraphernalia.
Counterfeit or Infringing Goods: Fake or knock-off brands, unauthorized replicas, or any item that infringes trademarks, copyrights, or other intellectual property rights. Only authentic original-brand items are allowed.
Hazardous Materials: Items that cannot be safely shipped or handled, such as certain flammable chemicals, explosives, or biohazards. (Note: Some professional chemical products like hair color or nail polish may be flammable or subject to shipping restrictions; you may list them only if you follow all legal packaging, labeling, and shipping requirements for hazardous materials.)
Expired or Unsafe Items: Products (like cosmetics or chemicals) that are expired, contaminated, or recalled. All products should be in a condition that is safe for use. Personal hygiene items (e.g. used makeup or skincare that cannot be sanitized) are generally not allowed unless explicitly permitted and properly sanitized.
Human or Animal Parts: No human or animal body parts, except commercially prepared human hair products (such as wigs, hair extensions, or additions) intended for cosmetic use.
Other Banned Items: Firearms, weapons, pornography, or any other items prohibited by our detailed policies or community guidelines (which we may update from time to time).
ReTooled Pro reserves the right to remove any listing that violates these rules or that we deem inappropriate at our sole discretion. For a full list of prohibited products and content, or if you are unsure about an item, please consult our guidelines or contact support before listing.
Accurate Listings: You must accurately describe your item, including its condition, brand, quantity, size/dimensions, and any defects or damage. Include clear photographs of the actual item (not stock photos, unless selling new overstock with permission) and ensure any images or descriptions you use are your own or you have rights to use them. Do not misrepresent an item’s brand or authenticity. Honesty and transparency with Buyers help maintain trust on the platform.
Condition of Items: Because many items on ReTooled Pro are pre-owned, Sellers should honestly represent the wear and tear. If an item is new or unused overstock, state that. If it’s used, describe its condition (e.g., gently used, good working condition, any issues). Do not sell any item that is broken and unusable unless it’s clearly listed “for parts” or repair. For electrical tools, ensure they are functional and safe; for chemical products, ensure packaging is secure and product is usable.
Pricing: You are free to set your own prices for your items. Prices must be in US Dollars. Be mindful of setting reasonable prices; extremely inflated prices or price gouging on certain items may be flagged by the community. All prices are understood to exclude any shipping costs and taxes, which will be added at checkout for the Buyer as applicable.
Shipping Responsibilities: When your item sells, you are responsible for shipping it to the Buyer in a timely manner. Follow the instructions provided for shipping on our platform. We may provide prepaid shipping labels for convenience in some cases; otherwise, you must ship via a reliable carrier that provides tracking. Ship the sold item by the handling time you stated (or within 5 business days if not specified). Properly package your item to avoid damage in transit. If you are shipping chemicals or liquids, you must comply with all postal regulations (for example, ground shipping for flammable liquids and proper labeling). You assume all risk for items damaged due to improper packaging.
Completion of Sale: Once the Buyer receives the item, they will have a limited window (as defined in our Return/Refund Policy) to inspect the item and request a return or report a problem if it significantly not as described. If no issue is reported within that window, the sale is considered final, and we will release the payment to you (minus fees). If an issue is reported, you agree to work in good faith with the Buyer and ReTooled Pro to resolve it, which may include accepting a return and refund according to our policies.
Returns: As a general rule, all sales are final on ReTooled Pro except in limited circumstances. We do not require Sellers to accept returns for buyer’s remorse or change of mind. However, per our platform policy, a Buyer may be eligible for a return or refund if the item never arrives, is defective, or is not as described in the listing. In such cases, ReTooled Pro may intervene to facilitate a return and refund. Please review our separate Return/Refund Policy for details on how such situations are handled. By selling on ReTooled, you agree to comply with that policy and accept returns when required by it.
Seller Conduct: You must conduct your selling activities professionally and honestly. Do not engage in any fraudulent behavior, such as shipping an empty box, misrepresenting an item, or attempting to persuade buyers to transact off-platform. Maintain communication with the buyer as needed (for example, if there’s a shipping delay). Any harassment, abuse, or failure to fulfill orders can result in account penalties. Sellers should also comply with any community guidelines we provide.
Taxes & Reporting: If you are selling items as a business, you are responsible for reporting your earnings to tax authorities. At year-end, if required by law (e.g., IRS rules for 1099-K forms), ReTooled Pro will provide you with appropriate tax documents for your sales. However, it remains your responsibility to ensure taxes on your sales income are paid.
This section applies to users who purchase items (“Buyers”):
Commitment to Purchase: When you click “Buy” or place an order on ReTooled Pro, you are committing to complete the purchase. Please do not order an item if you do not intend to pay. You must pay the total price (item price plus any shipping and taxes) at checkout via the platform’s payment system. Failure to pay or fraudulent payment information may result in cancellation of your order and suspension of your account.
No Circumvention: As a Buyer, you agree not to attempt to circumvent the platform. Do not contact a seller to arrange a purchase of the listed item outside of ReTooled Pro. All transactions for items listed on ReTooled Pro should be completed through our platform for the security of both parties. Off-platform transactions are against our policy and void any protections (such as eligibility for refunds).
Shipping and Delivery: The Seller is responsible for shipping your purchased item. Once you place an order and payment is confirmed, the Seller will ship the item to the address you provided. You will typically receive a tracking number. Please ensure the address you provide is correct and secure. ReTooled Pro is not liable for delivery issues caused by incorrect addresses provided by the Buyer. Risk of loss or damage to an item passes to you when the item is delivered to you (or when it would have been delivered but for your action/inaction). If an item is lost in transit or arrives damaged, notify us through the platform so we can assist in accordance with our policies.
Inspecting Your Item: When you receive an item, inspect it promptly. If the item is significantly not as described in the listing (e.g., wrong item, undisclosed damage, or it’s non-functional when it was advertised as working) or if you never received the item, you must report the issue within the timeframe specified in our Return/Refund Policy (for example, within 2-3 days of delivery). You can do so by contacting ReTooled Pro support or using the problem report function on the website. If you do not report any problem within the allowed window, the transaction will be assumed satisfactory, and the seller will receive the funds.
Returns and Refunds: As noted above and in our Return/Refund Policy, returns are only allowed in limited cases, such as if an item is not as described or fails to arrive. If you are eligible for a return, ReTooled Pro will provide instructions (usually, the item must be returned to the seller in the same condition it was received). Upon confirmed return, you will receive a refund of the purchase price (and possibly original shipping) as outlined in the policy. Buyer’s remorse (changing your mind) is generally not a valid reason for return on a peer-to-peer resale platform, so please review listings carefully before purchase.
Buyer Conduct: Treat sellers with respect in communications. Do not engage in harassment or abuse if an issue arises; instead, follow the proper channels to resolve it. Providing false claims about an item to get a refund, or attempting to scam a seller (such as returning an item different from what was received), is fraud and prohibited. Such actions can result in account termination and potential legal consequences.
Professional Use and Safety: This marketplace is for professionals, and some items (chemicals, sharp tools, electrical devices) require professional knowledge to use safely. By purchasing such items, you acknowledge that you have any necessary qualifications or licenses to use them and that you will follow the manufacturers’ instructions and industry safety guidelines. ReTooled Pro is not responsible for any injury or damage resulting from the use or misuse of items purchased on the platform.
When using ReTooled Pro (whether buying, selling, or interacting in any way), you agree to comply with all applicable laws and these Terms. You further agree that you will not:
Violate Laws or Regulations: Do anything that violates any law or regulation, including all commerce, trade, and shipping laws. This includes selling items that are illegal to sell, shipping items illegally, or engaging in fraud, money laundering, or other unlawful conduct.
Infringe or Misuse Intellectual Property: Post or sell any content or item that infringes another party’s intellectual property rights. This means no counterfeit goods, no using copyrighted images or descriptions without permission, and no trademark infringement. If you use brand names to describe an item, it should only be to indicate the authentic brand of the item for sale.
Post Inappropriate Content: Upload or share any content that is obscene, pornographic, violent, harassing, hateful, or otherwise objectionable. Also, do not post false, misleading, or defamatory content. All user content (including listings, profile info, and comments) must adhere to our community standards.
Spam or Phish: Do not spam other users with unsolicited messages or links, and do not use the platform to advertise outside products or services. You must not phish or collect other users’ personal information for any purpose unrelated to transactions on ReTooled Pro.
Interfere with the Service: Do not attempt to interfere with the normal operation of our platform. This includes not introducing any viruses or malicious code, not attempting to hack or gain unauthorized access to our systems, and not overloading the site with denial-of-service attacks or excessive data requests.
Circumvent or Evade Policies: Do not try to circumvent fees or our policies (for example, listing a trivial item for a high price to mask a different transaction, or encouraging off-site payment). Also, do not create multiple accounts or take other actions to avoid account limits or penalties.
Data Scraping or Harvesting: You may not crawl, scrape, or use automated means to extract data from our website or users (except as may be allowed via public search engine indexing). Harvesting email addresses or other contact information for marketing purposes is forbidden.
Impersonation or False Affiliation: Do not impersonate ReTooled Pro, our staff, or other users. Do not imply that you are endorsed by or affiliated with ReTooled Pro in any way without our express permission. You are not allowed to use ReTooled Pro’s name, logo, or trademarks except as necessary for legitimate use of the Service (such as describing that you use ReTooled Pro to sell your items, in a truthful manner).
If you engage in any of the above prohibited activities, ReTooled Pro may take action against you. Actions may include removal of content, cancellation of transactions, account suspension or termination, legal action where appropriate, and disclosure of information to law enforcement. We reserve the right to investigate any potential violations and to cooperate with authorities as needed.
When you use ReTooled Pro, you may upload or create content, such as product listings, descriptions, photos, profile information, ratings, or messages (“User Content”). You retain ownership of the intellectual property rights in the content that you create and submit. However, you grant ReTooled Pro a worldwide, royalty-free, sublicensable license to use, reproduce, modify (for formatting purposes), display, and distribute your User Content in connection with operating and promoting the marketplace. For example, we may display your listing photos on our site and social media, or crop/resize images as needed. This license ends when you remove your content from our Service, except to the extent others have already viewed and relied on it or it has been shared (for instance, a removed listing image may persist in backups or if it was featured externally, but we will cease using it going forward).
By submitting any User Content, you represent and warrant that you have the necessary rights to that content (e.g., you took the photo or have permission to use it), and that it does not violate any laws or infringe anyone’s rights. You are solely responsible for your User Content. We do not pre-approve content, but we reserve the right to remove or edit any User Content that we believe violates these Terms or our policies, or for any other reason at our discretion.
The ReTooled Pro Service (including our website design, text, graphics, logos, and software) is protected by intellectual property laws. ReTooled Pro (and its licensors, if applicable) own all rights, title, and interest in and to the Service, including our trademarks, logos, and trade dress. You may not use ReTooled Pro’s name or logo in any manner likely to cause confusion about our brand, without our prior written consent. You agree not to copy, distribute, or create derivative works based on any part of our Service unless we give you explicit permission. You are, however, permitted to use the Service for its intended purpose: e.g., you may display and view content as needed for buying and selling, and you may retain copies of transaction records for your personal/business records.
We respect intellectual property rights and expect users to do the same. If you believe that any content on ReTooled Pro (including any listing or user-submitted material) infringes your copyright, trademark, or other IP rights, please notify us promptly. You can send an email to info@retooled.pro with the subject “IP Infringement Notice” and include: (a) identification of the work or rights you claim are infringed, (b) the URL or description of the content you believe is infringing, (c) your contact information, and (d) a statement that you have a good-faith belief that the disputed use is not authorized by the rights owner or the law. We may request additional information. Upon receiving a proper notice, we will investigate and, if appropriate, remove or disable access to the allegedly infringing content. We may also terminate accounts of repeat infringers at our discretion.
If you provide us with suggestions, ideas, or other feedback regarding the Service, you agree that we can use and share such feedback for any purpose without compensating you.
ReTooled Pro provides the Service, including all marketplace features, on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim any and all warranties of any kind, whether express, implied, or statutory, regarding the Service and any items sold through the Service. This includes, without limitation, any implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or that the Service will be secure or available at any particular time or location. You use the platform at your own risk.
You understand that ReTooled Pro is a platform that facilitates transactions between Buyers and Sellers, but we do not manufacture, inspect, or guarantee any of the items sold via our Service. We make no warranty that any item you purchase will meet your expectations or be free of defects. Any information or descriptions of items are provided by the Seller, not by ReTooled Pro. We do not guarantee the accuracy, truthfulness, or completeness of any listings or user communications. Any reliance you place on information from the Service or on the condition of items is at your own risk.
We strive to maintain a reliable and functional service, but we do not warrant that the Service will be uninterrupted, error-free, or completely secure. There may be occasional maintenance, technical errors, or downtime. We will try to give advance notice of significant downtime, but we are not liable for any losses due to Service unavailability or performance issues.
Except as explicitly provided in our policies (for example, any limited protections under the Return/Refund Policy), neither ReTooled Pro nor the sellers on our platform provide any warranties for the goods sold. To the extent a manufacturer’s warranty exists for a product, any claims under that warranty must be directed to the manufacturer, not to ReTooled Pro. We do not provide our own warranties on any items. Sellers may offer certain assurances in their listings, but that is solely between Buyer and Seller. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such case, any required warranties are limited in duration to 30 days from the date of purchase or the minimum duration allowed by law.
To the fullest extent permitted by law, ReTooled Pro and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Service, any transaction on the Service, or these Terms. This means that we are not responsible for, for example: loss of profits, loss of data, loss of goodwill, business interruption, costs of substitute goods or services, or other intangible losses, even if we have been advised of the possibility of such damages. We are also not liable for any damage to property or personal injury that may result from using an item purchased through ReTooled Pro, or for disputes between users of the Service.
In addition, our total liability to you for any claims arising from or related to the Service or these Terms will not exceed the greater of: (a) the total amount of fees we received from you as a result of transactions you conducted on ReTooled Pro in the six (6) months prior to the claim, or (b) USD $100. This limitation applies to any and all claims, whether based on warranty, contract, statute, tort (including negligence), or any other legal theory. We do not seek to exclude or limit liability for gross negligence, intentional misconduct, or any type of liability that cannot be excluded under law (for example, certain statutory liabilities). However, in any case where the law allows us to limit our liability, we hereby limit it to the fullest extent permitted.
You acknowledge that we are not responsible for the actions or content of other users. If you have a dispute with one or more users (for example, about an item’s condition, shipment, payment, or any other interaction), you release ReTooled Pro (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages arising out of or in any way connected to such disputes. We encourage users to resolve conflicts amongst themselves in good faith, but we may assist in accordance with our policies at our discretion (without waiving the above release). The limitations above are fundamental elements of the bargain between you and ReTooled Pro. The Service would not be provided to you without such limitations.
You agree to indemnify, defend, and hold harmless ReTooled Pro, its parent company (ReTooled LLC), affiliates, and their respective officers, directors, employees, and agents (collectively, the “ReTooled Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to any claim by a third party due to or arising out of:
your use of the Service,
your breach of these Terms or any policy incorporated herein,
your violation of any law or regulation, or the rights of any third party (including intellectual property or privacy rights), or
any transaction you engage in (as a buyer or seller), including the quality, safety, or legality of items sold, or any harm caused by those items.
In other words, if someone else (including another user or a government agency) sues or fines ReTooled Pro because of something you did, you agree to cover any loss or cost that ReTooled Pro incurs, including legal fees. We will notify you promptly of any such claim and may, at your expense, allow you to assume control of the defense. However, we reserve the right to participate in the defense with counsel of our own choosing (at our own expense) and to approve any settlement that would require you to make an admission or pay any money, or that would impose any non-monetary obligation on ReTooled Pro. Your indemnification obligation will survive any termination of these Terms or your use of the Service.
Please read this section carefully. It affects your legal rights by requiring arbitration of disputes (with limited exceptions) and waiver of jury trials and class actions.
Contact Us First: Most user concerns can be resolved quickly by contacting our Customer Support at info@retooled.pro. You agree to try in good faith to settle any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (a “Dispute”) by providing written notice to us and attempting to negotiate the resolution. Both you and ReTooled Pro agree to engage in good-faith negotiations for at least 30 days from the date notice of a Dispute is delivered.
To initiate a dispute, send a Notice of Dispute to us at our email (info@retooled.pro) with the subject “Legal Dispute Notice”. Please include your name, the email associated with your account, a description of the issue, any relevant order or item numbers, and the specific relief you seek.
If we have a dispute with you, we will send a Notice to the email address associated with your account or any other contact info you have provided.
By engaging in this informal process, both sides hope to resolve the issue without the need for formal proceedings. If the Dispute is not resolved within 30 days after the Notice is received (or a longer period if you and we agree), then either party may proceed to initiate arbitration as described below.
If we cannot resolve a Dispute informally, you and ReTooled Pro agree that all such Disputes shall be resolved through final and binding arbitration on an individual basis. This includes any disputes arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service, except as noted under “Exceptions” below. You are waiving your right to have these disputes decided in court by a judge or jury, and you are waiving your right to participate in a class action or class arbitration.
The arbitration will be administered by a neutral arbitration provider that you and we mutually agree upon (for example, the American Arbitration Association (AAA)) under its rules for consumer arbitrations. If we cannot agree on a provider, the arbitration will be administered by AAA. Unless you and we agree otherwise, the arbitration will take place in the county of your residence (or another mutually convenient location) or via telephone/videoconference for convenience. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, including monetary damages and injunctive or declaratory relief on an individual basis. The arbitrator will issue a written decision that includes the essential findings and conclusions upon which any award is based. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.
Each party will be responsible for their own arbitration filing fees and other costs, consistent with the rules of the arbitration provider, except that ReTooled Pro will pay any fees or costs that are required by law or that are necessary to make the arbitration provision enforceable. We will not seek to recover our attorney’s fees or arbitration costs from you unless the arbitrator finds that your claims were frivolous or brought in bad faith. Likewise, you agree not to seek attorney’s fees or costs in arbitration unless allowed by applicable law or the arbitration rules.
You and ReTooled Pro agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class, collective, or representative arbitration. By agreeing to arbitration, we also each agree that you and ReTooled Pro are waiving the right to a jury trial or to have any dispute resolved by a judge or jury. The Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the interpretation and enforcement of this arbitration agreement, and this clause shall survive termination of these Terms.
Notwithstanding the foregoing, either party may choose to bring an individual action in small claims court (if the claim qualifies and so long as it is filed only in that court). In addition, either party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such an action for injunctive relief will not waive the right to arbitrate remaining claims (such as a claim for damages). Also, if you opt out of arbitration in the manner described below, this arbitration agreement will not apply to you.
You have the right to opt out of this arbitration agreement. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us by emailing info@retooled.pro within 30 days of first accepting these Terms. Your email must include your name, the email address associated with your ReTooled Pro account, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of this arbitration provision will not affect any other provisions of these Terms (such as the applicable law or venue for disputes, which will default to court as outlined in Section 12 below). If you do not opt out within 30 days of your initial acceptance of these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.
If any portion of this arbitration agreement (other than the class action waiver clause) is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration agreement. If the class action waiver in this agreement is found unenforceable, however, the entire arbitration agreement shall be null and void (meaning the dispute will then be resolved by a court).
This is to emphasize, as required by certain laws: By entering into these Terms, both you and ReTooled Pro expressly waive the right to a trial by jury on any Dispute that is subject to arbitration as provided above. You also waive any right to participate in a class action or class arbitration. All claims and disputes must be pursued on an individual basis only.
Except to the extent governed by the Federal Arbitration Act, which governs the interpretation and enforcement of the arbitration agreement above, these Terms and any non-arbitration disputes arising out of or related to these Terms or your use of the Service will be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. If a claim between you and ReTooled Pro is allowed to proceed in court (for example, if you validly opted out of arbitration or a court of competent jurisdiction finds that the arbitration clause is not enforceable in a particular case), then you agree to submit to the personal jurisdiction of the state and federal courts located in [Duval County, Florida] (or another county in Florida where ReTooled LLC’s principal office is located, as updated by us), for the purpose of litigating such claim. Venue for any such allowed court action shall be in the state or federal courts in that locale. You and ReTooled Pro waive any objection to such venue as inconvenient or improper. Notwithstanding the foregoing, ReTooled Pro may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
ReTooled Pro may update or modify these Terms from time to time. If we make material changes, we will provide you with notice, such as by posting the updated Terms on our website and updating the “Effective Date” at the top, or by sending you an email notification. It is your responsibility to review the Terms periodically. Any changes will become effective no sooner than 14 days after being posted, except if the changes apply to new features or are required by law to take effect immediately. If you do not agree to the revised Terms, you must stop using the Service before the changes become effective. Your continued use of the Service after the effective date of the updated Terms will constitute your acceptance of those changes. No amendment or modification of these Terms by you (for example, handwritten changes or oral statements) will be binding on us unless expressly agreed in writing by an authorized representative of ReTooled Pro.
You may stop using the Service at any time. You may also request to close your account by contacting us. Closing your account will not affect any ongoing transactions or obligations: if you have any open orders or disputes, those will need to be resolved first. Even after your account is closed, these Terms will remain applicable to any past use of the Service by you.
We reserve the right to suspend, restrict, or terminate your account or access to any part of the Service at any time, for any reason, with or without notice. For example, we may terminate or suspend your account if: (a) you violate these Terms or any policy, (b) you repeatedly receive poor ratings or have proven cases of misconduct, (c) we are required to do so by law or court order, or (d) we discontinue the Service. We may also remove any content you have posted (including listings) or cancel any orders if we believe they violate our policies or these Terms.
If your account is terminated or suspended, you do not have a right to a restoration of your account or any of your User Content. We may block you from creating a new account as well. However, termination will not limit any of ReTooled Pro’s other rights or remedies at law or in equity. Any provisions of these Terms that by their nature should survive termination (such as intellectual property rights, indemnification, disclaimers, limitations of liability, and dispute resolution provisions) will survive the termination of your account or your use of the Service.
Entire Agreement: These Terms, along with any policies or guidelines incorporated by reference (such as our Privacy Policy, Return/Refund Policy, and any other documents linked herein), constitute the entire agreement between you and ReTooled Pro regarding your use of the Service. They supersede any prior agreements or communications (whether oral or written) between you and us regarding the subject matter.
No Waiver: Our failure to enforce any provision of these Terms will not be deemed a waiver of our right to enforce it in the future. Any waiver of rights by ReTooled Pro must be in a written document signed by an authorized representative.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
No Agency: No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Service. You are acting solely as an independent party when buying or selling through ReTooled Pro.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. ReTooled Pro may freely assign or transfer these Terms (in whole or in part) as part of a merger, acquisition, sale of business, or by operation of law, or otherwise at our discretion.
Notices to You: We may provide notices or communications to you electronically: (a) via the email associated with your account, (b) through the Service (for example, an alert or notification on your account dashboard), or (c) by posting to our website. You are responsible for keeping your email address and other contact information up-to-date. Notices to ReTooled Pro should be sent via email to info@retooled.pro or via mail to our business address as listed on the Service.
Force Majeure: ReTooled Pro will not be liable for any delays or failure in performance of the Service caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, civil disturbances, labor strikes, fires, pandemics, floods, earthquakes, power outages, internet or service disruptions, or other similar events.
Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions or concerns about these Terms or the Service, please contact us at info@retooled.pro or (904) 206-8321. Thank you for being a part of the ReTooled Pro community and for helping to keep our marketplace safe, fair, and enjoyable for all professional users.
