Marketplace Terms of Service

Last updated: July 5, 2026

These Terms are a binding agreement between you ("Buyer") and Rockhounding Inc, a Utah corporation ("we," "us," the "Marketplace"), operator of rockhounding.org. By creating an account, browsing, or purchasing, you agree to these Terms and our Privacy Policy. These Terms include a binding arbitration provision, a class-action waiver, and limitations of liability — please read them.

1. Our role — a venue, not the seller The Marketplace is a venue that lets independent third-party sellers ("Sellers") sell mineral specimens, rocks, fossils, and related items ("Items"). We are not the seller of Items, do not take possession, inspect, or authenticate them, and do not transfer title. The contract of sale is directly between Buyer and Seller. For payment and tax purposes we (via our processor) may act as merchant of record and/or marketplace facilitator; this does not make us the seller.

2. Eligibility and accounts You must be at least 18 and able to contract. An account is required to purchase. You agree to provide accurate information, keep your credentials secure, and are responsible for activity under your account. We may suspend or terminate accounts for fraud, abuse, or violations.

3. Purchases, pricing, and payment Items are sold at fixed prices set by Sellers. Placing an order and submitting payment is a binding offer to purchase, accepted when payment is authorized. Payments are processed by Stripe; you authorize charges for the Item, shipping, and applicable taxes. Sales tax is collected where required under marketplace-facilitator laws. All amounts are in U.S. dollars.

Offers. Where a Seller allows offers, making an offer authorizes a hold on your payment method for the full total (item + shipping + tax) and is a binding commitment to purchase at that price if the Seller accepts within the offer window (currently 3 days). If the Seller declines or the offer expires, the hold is released. If you accept a Seller's offer, you agree to pay the offered total.

4. Payment protection and escrow To protect both sides, your payment is held and is not released to the Seller at purchase. Funds release one (1) day after delivery is confirmed, or seven (7) days after the Item is marked shipped if delivery isn't separately confirmed, and only if no cancellation, refund request, or dispute is open. Held funds do not make us the seller or a bank and do not accrue interest to you.

5. Shipping and risk of loss Sellers must ship within three (3) business days and provide tracking; otherwise the order is automatically canceled and refunded. Risk of loss passes on the carrier's delivery to your address, subject to your protection rights in Section 6. You are responsible for providing a correct address.

6. Buyer protection — cancellations, problems, and refunds Cancellations (pre-ship): request to cancel before shipment; the Seller may accept (full refund) or decline if already shipped. If unshipped within three business days, the order auto-cancels and refunds. A Seller may also cancel an unshipped order (for example, if the Item sold elsewhere); you receive a full refund including shipping and tax, and the Seller's stated reason. Problem reports (post-ship): if an Item is not as described, damaged, or never arrives, open a report within 30 days, including photographs where applicable. The report goes to the Seller first; the Seller may issue a full refund or decline. If the Seller declines or doesn't respond within five (5) days, you may escalate to us, and we will review the evidence and make a final, binding decision. This process is your sole and exclusive remedy for Item issues.

7. Chargebacks Use the Section 6 process before filing a chargeback. Bad-faith chargebacks, or chargebacks for already-resolved issues, violate these Terms and may result in suspension and collection of amounts owed.

8. Item descriptions and natural specimens Descriptions, identifications, weights, treatment disclosures, and authenticity claims are provided by Sellers, not us; we do not verify, authenticate, or grade Items. Natural specimens vary and may be treated, repaired, or stabilized. Do your own due diligence and contact the Seller before purchase if you have specific requirements.

9. Acceptable use You agree not to: use the Marketplace unlawfully; transact off-platform to avoid fees or protections (which forfeits Buyer protections); post false, infringing, or harassing content or reviews; interfere with or scrape the Site; or misuse the refund, dispute, or chargeback systems.

10. Reviews and content Reviews must reflect a genuine transaction and honest experience. You grant us a worldwide, royalty-free, perpetual, sublicensable license to use content you submit (including reviews and dispute photos) to operate and promote the Marketplace.

11. Disclaimers THE MARKETPLACE AND ALL ITEMS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ANY WARRANTY ON AN ITEM IS THE SELLER'S, NOT OURS.

12. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE COMMISSION WE EARNED ON THE TRANSACTION OR ONE HUNDRED DOLLARS ($100).

13. Indemnification You agree to indemnify and hold harmless the Marketplace and its owners, officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Marketplace, your transactions, your content, or your violation of these Terms or any law or third-party right.

14. Dispute resolution; arbitration; class-action waiver These Terms are governed by the laws of the State of Utah. Except for small-claims and injunctive-relief matters, disputes will be resolved by final and binding arbitration on an individual basis; you and we waive any class or representative action.

15. General We may modify these Terms by posting an updated version; continued use is acceptance. These Terms (with the Privacy Policy) are the entire agreement; if any provision is unenforceable the rest remains. You consent to receive communications electronically. Questions: [email protected].