Agreement to These Terms
Welcome to Disc.Market. These Terms of Service (the "Terms") form a binding agreement between you and Disc.Market LLC, a Missouri limited liability company ("Disc.Market," "we," "us"), governing your access to and use of the Disc.Market website, mobile applications, and related services (together, the "Services").
By creating an account, posting a listing, making a purchase, or otherwise accessing the Services, you accept these Terms, our Privacy Policy, and our Refund & Returns Policy, each of which is incorporated here by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
If you don't agree to these Terms, you must not use the Services.
You must be at least 18 years old to use the Services, whether as a buyer or a Pro Shop. The Services are not directed to children under 13, and we do not knowingly collect personal information from anyone under 18. By using the Services, you represent that you are 18 or older and have full legal capacity to enter into binding contracts.
Electronic communications and records
By using the Services, you consent to receive agreements, notices, disclosures, receipts, and other communications from us electronically — by email to the address on your account, by push notification if enabled, or by posting within the Services — and you agree that electronic communications satisfy any legal requirement that they be in writing. You may withdraw this consent by closing your account, and you may request a paper copy of any legally required record via the Contact page. To receive electronic records you need a device with a current browser and an active email address; keep your account email up to date.
What Disc.Market Is (and Isn't)
Disc.Market is an online marketplace for disc golf gear. Independent third-party Pro Shops list, price, describe, fulfill, and stand behind their own items. We provide the software, payment rails, shipping integrations, and customer-support infrastructure that let buyers and Pro Shops transact.
We are not:
- The seller of record for any individual listing. Pro Shops sell their items directly to buyers; we facilitate the transaction.
- A warehouse. We don't physically hold, inspect, photograph, or pack inventory. Items ship directly from the Pro Shop to the buyer.
- A manufacturer or distributor. We don't make, authenticate, certify, or guarantee the items listed on the platform. That's the Pro Shop's responsibility.
- A licensed auctioneer or auction house. Some listings use a timed-bidding (auction) format that we provide, but the Pro Shop is the seller of record and principal; we do not solicit consignments, take possession or title, or act as an auctioneer or as the seller's agent under any auction-licensing law.
We are the marketplace facilitator responsible for collecting payment, holding funds on our platform, calculating and remitting sales tax where applicable, paying Pro Shops according to our platform rules, and enforcing our content and conduct policies. The contract of sale for any item — including items sold by auction — is between you and the Pro Shop; these Terms govern your use of the platform that hosts that sale.
Accounts
Eligibility and account creation
You may create an account only if you meet the age requirements in the Agreement section and can legally enter into contracts in your jurisdiction. When you register, you must provide accurate and complete information and keep it up to date. You may also sign in with Google or Facebook; the same rules apply.
Security
You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access via the Contact page. We are not liable for losses caused by unauthorized use of your account that you did not promptly report.
One account per person
You may not create more than one active buyer account or impersonate another person. Pro Shops operating multiple storefronts must contact us to discuss Pro Shop staffing rather than create duplicate accounts.
Termination and suspension
We may suspend or terminate your account at our discretion for violations of these Terms, fraudulent activity, chargebacks without basis, abusive behavior toward staff or other users, or any legal requirement. Where reasonably possible we'll tell you the reason and any path to reinstatement. You may close your account at any time from account settings; see our Data Deletion page for what happens to your data when you do.
Buying on Disc.Market
Placing an order
When you place an order, you're making an offer to purchase the listed items from the Pro Shop at the listed price, subject to the Pro Shop's terms and this agreement. The order is confirmed once we successfully charge your payment method. If the payment fails, the order is not confirmed and no contract is formed. You may also check out as a guest without an account; guest orders receive the same buyer protections, with order updates sent to the email you provide. Auctions work differently: bidding requires an account, a winning bid forms a binding contract when the auction closes, and your saved payment method is charged automatically — see Auctions and Bidding.
Despite our and our Pro Shops' best efforts, an item may occasionally be mispriced or listed in error. If the error is obvious and material, the Pro Shop (or we) may cancel the order before shipment and refund you in full.
Payment and currency
All prices and payments are in U.S. dollars, and orders currently ship to U.S. addresses only. We accept the payment methods offered at checkout by our payment processor (Stripe), which may include credit and debit cards, Apple Pay, Google Pay, and others. Your card data is submitted directly to Stripe — we don't see or store full card numbers.
Sales tax
We collect and remit sales tax in states where we are registered to collect it. We track nexus thresholds across all 50 U.S. states and will begin collecting in additional states as we become registered there following their economic-nexus thresholds, as required by law. We currently collect sales tax in: Colorado, Kansas, Missouri, North Carolina, and Tennessee.
How we hold funds
Because we hold funds on our platform, the payment flow is:
- You pay the full order total (subtotal + shipping + sales tax) to Disc.Market's Stripe account at checkout — not the Pro Shop's account.
- The Pro Shop is notified and prepares/ships the order within their stated handling time.
- Once delivery is confirmed via carrier tracking, a 3-day dispute window opens.
- If no dispute is filed during that window, we release the Pro Shop's share via a Stripe transfer to the Pro Shop's connected Stripe account.
- Our 10% platform commission is calculated on the item subtotal + shipping only. Sales tax is never part of the commission base. In addition, a flat $0.35 per-order processing fee is deducted from the Pro Shop's payout to cover payment processing and tracking. There are no buyer-side fees — the fees come out of the Pro Shop's share, never the buyer's total.
- Collected sales tax stays on the Disc.Market account and is remitted to the applicable state on the state's filing schedule.
- If a full refund, full chargeback loss, or order cancellation occurs at any point, the sold listing automatically returns to the marketplace visibility it had before the sale (a publicly listed item returns to public browse; a link-only item returns to link-only) so the Pro Shop can sell it again. Partial refunds do not trigger this — the sale stands at the adjusted amount.
Shipping
Shipping costs, options, and timeframes are set by each Pro Shop and displayed at checkout. Shipping is fulfilled by the Pro Shop or their designated carrier using our integrated shipping partner (EasyPost). Tracking numbers are emailed to you when a label is created.
Order cancellations
You may request cancellation by messaging the Pro Shop through the platform before the order ships. If the order has shipped, see our Refund & Returns Policy. This applies to fixed-price orders. An auction win cannot be cancelled for buyer's remorse — a winning bid is binding once the auction closes (see Auctions and Bidding). A Pro Shop may still cancel an auction order it genuinely cannot fulfill, in which case you are refunded in full.
Auctions and Bidding
Some items are sold through timed auctions — a Pro Shop's own listing offered in a bidding format that Disc.Market provides. The rules in this section apply to every auction, in addition to the rest of these Terms. Disc.Market provides the bidding software, fund-holding, and payment rails only; it is not an auction house or a licensed auctioneer, does not own, appraise, hold, or take title to any item, and is not the seller's agent. As with every listing, the contract of sale runs between you and the Pro Shop.
Who can bid
Bidding requires a Disc.Market account — you cannot bid as a guest — and you must have a valid saved payment method and a U.S. shipping address on file before you place a bid. By bidding you represent that you are at least 18, have the legal capacity to enter into a binding contract, and are authorized to use the saved payment method.
A bid is a binding offer
Each bid you place is a binding offer to buy the item at that price, plus applicable shipping and sales tax. Bids are generally not retractable — bid only on items you intend to buy at the price you bid. If you are the high bidder when the auction closes (including after any extension described below), a binding contract of sale is formed between you and the Pro Shop and you are obligated to complete the purchase at the winning price. For auctions, that contract is formed when you win at close — not when payment is later collected.
Authorization to charge your saved payment method automatically
When you place a bid, you authorize Disc.Market to charge the payment method you have on file — automatically, on a merchant-initiated basis, and without any further action or notice from you — for the full winning amount (your winning bid plus shipping and sales tax) at the moment the auction closes and you are the high bidder. Your payment method is stored with our payment processor (Stripe) so that this charge can be completed when you are not present ("off-session"). This authorization applies each time you bid. You may withdraw it for future auctions by removing your saved payment method, which ends your ability to bid; you cannot remove your only payment method while it is backing an active high bid or an unsettled won auction — add a replacement first. Once you are the high bidder at close, the charge is authorized and the sale is final as set out below.
Automatic (proxy) bidding
You may set a maximum bid. If you do, you authorize Disc.Market to bid on your behalf in increments, up to but never above your maximum, only as needed to keep you the high bidder. You pay the minimum needed to win, which may be less than your maximum — but by setting a maximum you authorize a charge of any amount up to and including it. You may raise your maximum while you are the high bidder; you may not lower it.
Reserve prices
Some auctions have a hidden reserve — a minimum the Pro Shop is willing to accept. We show only whether the reserve has been met, not the amount. If bidding ends below the reserve, the item goes unsold and no bidder is charged. If the reserve is met or exceeded, the high bidder wins as usual. A reserve is a floor, not a maximum — competitive bidding can carry the final price well above it.
Closing time and extensions (soft close)
To discourage last-second sniping, a bid placed in the final few minutes of an auction extends the closing time by a short interval, and extensions repeat as long as bids keep arriving, up to a maximum of one additional hour beyond the originally scheduled end. The end time shown on a listing is the earliest the auction can close and is subject to these extensions.
If you win but payment cannot be completed
If we cannot complete the charge when you win, you will have a short window to resolve it through a link we send you. If payment is still not completed, you forfeit the win and the item may be offered to the next-highest bidder. Failing to pay for an auction you win is a breach of these Terms. We may take action up to and including temporary or permanent loss of bidding privileges and termination of your account; our usual approach is graduated (a warning, then a temporary suspension, then a permanent restriction), but we reserve discretion based on the circumstances. Filing a chargeback on an auction you won and were delivered, where the item was as described, is a breach of these Terms and may result in permanent termination and our recovery of the disputed amount and related costs.
Second-chance offers
If a winner fails to pay, the next-highest bidder's bid remains a binding offer for a period after the auction closes. If you are that bidder, we may charge your saved payment method automatically as the second-chance winner, at your last bid amount, under the same authorization above. The same final-sale and protection terms then apply to you.
Auction sales are final (except as-described)
Because a winning bid is a binding, completed purchase, auction wins are final sale: there is no change-of-mind or buyer's-remorse return on an auction win, and a Pro Shop's standard return window does not apply to an auction win. You remain fully protected, however, by the same buyer protections as any other order — if your item never arrives, arrives damaged, or is significantly not as described, our buyer protection and the 3-day post-delivery dispute process apply to auction wins exactly as they do to fixed-price orders. See our Refund & Returns Policy.
If you list an auction (Pro Shops)
If you list an auction, you agree to honor the sale to the winning bidder at the final price and to ship the item as described. You may not bid on your own auction or arrange for staff, family, friends, or any account you influence to bid in order to inflate the price ("shill bidding"); doing so may be unlawful and may result in cancellation of the affected sales, withholding or reversal of proceeds, and suspension or termination. Once your auction receives its first bid, the listing locks — you can no longer edit its key terms or cancel it yourself, and your obligation to sell is binding. If something genuinely goes wrong (for example the item is lost or damaged before close, or there is a material listing error), contact support promptly; only Disc.Market can cancel an auction after bidding has begun, and we will notify affected bidders. The same fees that apply to any sale — a 10% commission on the final sale price plus shipping (never tax), and the flat per-order processing fee — apply to auction sales, Buy-It-Now sales, and second-chance offers.
Selling on Disc.Market (Pro Shop Terms)
These Pro Shop terms apply to Pro Shop operators and staff in addition to the general Terms above. Becoming a Pro Shop requires completing the application, admin approval, Stripe Connect onboarding, and signing the Pro Shop Agreement presented in the setup wizard.
Platform fee and payouts
- Platform commission: 10% of (item subtotal + shipping). Sales tax is never included in the commission calculation.
- Per-order processing fee: a flat $0.35 per order is deducted from your payout to cover payment processing and tracking. It is cost-recovery, not a separate profit center. This is the only fee on top of the commission — there are no buyer fees, no listing fees, and no subscription. The fee amount in effect when an order is placed is the amount that applies to that order; if we ever change it, we'll announce the change in advance and it will apply only to future orders.
- Payout timing: payouts are released by Stripe transfer to your connected Stripe account after the buyer's delivery is confirmed and a 3-day dispute window passes without a dispute.
- Payout method: Stripe Connect Express. Pro Shops must complete identity verification and bank-account onboarding with Stripe before receiving payouts. Pro Shops whose Stripe account cannot currently receive payouts may be hidden from the marketplace until the connection is restored.
- 1099-K: if your sales exceed the federal reporting thresholds (currently $20,000 in gross sales and 200 transactions in a calendar year; some states set lower thresholds), you will receive a Form 1099-K as required by law.
Pro Shop responsibilities
- Provide accurate listing descriptions, honest condition grading, and clear photos — no misleading titles or fake scarcity.
- Ship orders within the handling time you commit to at onboarding. Persistent late shipments affect your on-time-ship rate and may result in account restrictions.
- Maintain the physical location (or fulfillment partner) you listed at registration; update us if you move.
- Respond to buyer messages within a reasonable time (we recommend within 24 hours on business days).
- Honor your published return and refund policy.
- Provide and keep current the identity, contact, and tax information we and our payment processor are required to collect (see the INFORM Consumers Act section below).
- Use buyer information solely to fulfill and support orders — never for off-platform marketing — and protect it while you have it.
- Maintain the security of your Pro Shop dashboard credentials and staff permissions.
- Comply with all applicable laws in connection with your sales, including consumer-protection, product-safety, and tax laws that apply to you as the seller.
Seller responsibility and insurance
You are the seller of record for your items and are solely responsible for them — including their authenticity, legality, safety, condition accuracy, and any liability arising from them. Disc.Market does not currently require Pro Shops to carry insurance. We reserve the right to require any Pro Shop — and will generally require high-volume Pro Shops (for example, those exceeding $10,000 in gross sales in any month) — to obtain and maintain commercial general liability insurance of at least $1,000,000 per occurrence, to name Disc.Market as an additional insured, and to provide a certificate of insurance within 30 days of our request.
INFORM Consumers Act
As a U.S. online marketplace, Disc.Market complies with the federal INFORM Consumers Act. For "high-volume third-party sellers" (generally: 200 or more discrete sales totaling $5,000 or more in gross revenue in a continuous 12-month period), we are required to collect, verify, and periodically re-certify identifying information — including bank account information, government-issued ID or tax ID, and contact information (much of which is collected through Stripe's verified onboarding) — and, for sellers above the statute's disclosure threshold, to disclose the seller's identity and contact information to buyers. If a high-volume Pro Shop fails to provide or certify the required information after notice, we are required by law to suspend their selling privileges until they do. Buyers can report suspicious listings or seller conduct via the report option on any listing or the Contact page.
Content moderation
All listings, descriptions, reviews, messages, and Q&A content pass through an automated word filter covering hate speech, scam patterns, platform-circumvention attempts, and other prohibited categories. Submissions that match a permanent-ban category are blocked at the form level; other matches are flagged for human review. Disc.Market retains the right to post-publish moderate any Pro Shop-authored content — hiding, editing, or removing it — at our discretion when it violates these Terms, the Pro Shop Agreement, or applicable law. There is no admin pre-approval gate on new listings; Pro Shops publish directly and the platform relies on automated screening plus post-publish review to keep the catalog clean.
Pro Shop Agreement and electronic signature
Before being approved to sell, each Pro Shop must complete the setup wizard and sign the Pro Shop Agreement presented in the final step. Your signature is captured as an in-browser signature image and stored together with your IP address and the timestamp of signing as a legal electronic-signature audit trail. By signing, you affirm that you have read and agree to the Pro Shop Agreement, these Terms, the Privacy Policy, and the Refund & Returns Policy.
Pro Shop staff seats
The Pro Shop account holder ("Pro Shop owner") may invite additional users as staff seats to help operate the storefront. Staff seats are owner-controlled: the owner invites, assigns role-based permissions (orders, shipping, listings, messages, reviews, payments, etc.), and may revoke a staff seat at any time. Every staff action is logged. The owner remains contractually responsible for all activity under the Pro Shop account, including actions taken by staff.
Consignment selling
Some Pro Shops operate as consignment Pro Shops, listing items on behalf of third-party sellers. Consignment Pro Shops are responsible for: (a) accurately representing items they don't physically own, (b) honoring their own published payout agreements with their consignment sellers, and (c) keeping consignment-seller contact information up to date in the dashboard. Payouts to consignment sellers are split per the Pro Shop's configured payout percentage on each item. When a consignment Pro Shop self-ships an item and pays the carrier out of pocket, that label cost is tracked separately on the order to ensure the cost is not double-deducted from both the Pro Shop and the consignment seller.
Suspension for policy or performance
We may restrict listings, pause payouts, or suspend a Pro Shop account for repeated policy violations, unresolved disputes, excessive cancellations, excessive chargebacks, or conduct that threatens buyer safety or trust in the marketplace. We'll communicate the reason and any path to reinstatement whenever possible.
Fundraisers
Approved Pro Shops may apply to run a fundraiser — a way to raise money for a tour, club, charity, or other cause by selling listings on Disc.Market. Fundraisers are reviewed and approved by us before they go live. Once approved, the Pro Shop may tag individual listings to a fundraiser; those listings sell at a reduced Disc.Market commission set per shop, so that nearly all of each sale reaches the shop.
How the money works. A fundraiser sale is an ordinary purchase of goods that settles through our normal payment-hold flow. The proceeds are paid to the Pro Shop like any other sale (less the reduced commission, the flat per-order processing fee, and shipping-label costs). Disc.Market does not collect, hold, manage, verify, or disburse funds to any cause, and does not guarantee that any amount will be delivered to a cause. The Pro Shop alone decides how to use the proceeds and is solely responsible for delivering any funds to the cause it describes and for the accuracy of its fundraiser description. Amounts shown as "raised" reflect a Pro Shop's net sales attributed to a fundraiser on our platform; they are not a representation by Disc.Market that funds were donated.
For buyers. When you buy a fundraiser listing, you are purchasing a product from the Pro Shop. It is not a charitable contribution and is not tax-deductible, and Disc.Market is not a charity or a registered charitable fundraiser. Any statement about a cause is made by the selling Pro Shop, not by Disc.Market. Standard buyer protections (delivery, as-described, dispute, and refund terms) apply to fundraiser purchases just like any other order.
Pro Shop responsibilities. If you run a fundraiser you represent that the cause is genuine, that you are authorized to raise funds for it, and that you will comply with all laws applicable to your fundraising — including any state charitable-solicitation registration or disclosure requirements that apply to you, and your own tax obligations on the proceeds. You may not use a fundraiser to misrepresent where proceeds go, to evade commissions on ordinary inventory, or to mislead buyers. We may review, edit, pause, disable, or remove any fundraiser, revoke a shop's fundraiser eligibility, and revert affected listings to standard terms at any time.
Prohibited Items and Conduct
Allowed categories
- Disc golf discs (new and used)
- Disc golf bags, carts, and storage
- Disc golf baskets, targets, and practice equipment
- Disc-golf-related apparel
- Disc-golf-related accessories (mini markers, towels, chalk, retrievers, etc.)
Prohibited items
- Counterfeit, replica, or trademark-infringing discs and gear. Listing a "Star Destroyer" that isn't an authentic Innova Star Destroyer, or any item bearing a PDGA-approved brand's marks where the item is not the genuine item, is grounds for immediate listing removal and account suspension.
- PDGA-illegal/unstamped tournament discs misrepresented as PDGA-approved. Pro Shops must accurately represent whether a disc is currently on the PDGA approved-discs list and whether it has the PDGA tournament stamp.
- Stolen tournament or club discs. Discs that were lost, stolen, or recovered from a course where the original owner can be identified by ink/stamp/contact info must be returned or otherwise resolved with the owner — not relisted for sale.
- Autographed discs without proof of authenticity. Pro signatures materially affect price; Pro Shops selling autographed discs as autographed must be able to substantiate the signature on request (provenance, photo with the player, COA).
- Non-disc-golf listings (general merchandise, unrelated sporting goods)
- Weapons, ammunition, hazardous materials, restricted substances
- Illegal drugs, drug paraphernalia, alcohol, tobacco, or vaping products
- Items that promote hate, violence, or discrimination
- Personal data or information that is not yours to sell
- Stolen goods of any kind
- Items subject to recall or banned by the U.S. Consumer Product Safety Commission
Prohibited conduct
You agree not to, and not to permit anyone acting on your behalf to:
- Use the Services to violate any law or regulation
- Circumvent our fees or shipping system by directing buyers to contact you or pay you off-platform
- Harass, abuse, or threaten other users or our staff
- Post content that is unlawful, defamatory, obscene, or that infringes another person's rights
- Post or send spam, bulk messages, or phishing attempts
- Use automated tools (scrapers, bots) to access or scrape the Services without our written permission
- Attempt to reverse engineer, decompile, or gain unauthorized access to any part of the Services
- Upload malware, viruses, or any code designed to disrupt or damage the Services
- Register multiple accounts to manipulate reviews, ratings, or promotions
- Manipulate reviews in any direction — fake positive reviews, review swaps, paying or pressuring buyers to change or remove reviews
Your Content (Reviews, Listings, Messages)
Your content
"Your Content" means any text, photos, videos, ratings, reviews, listings, messages, descriptions, or other material you submit to the Services. You retain ownership of Your Content.
License to us
By submitting Your Content, you grant Disc.Market a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, host, store, reproduce, display, publicly perform, modify (for formatting), and distribute Your Content solely in connection with operating, improving, and marketing the Services. This license continues for as long as Your Content exists on the Services and as reasonably needed for backups, fraud investigations, and legal compliance after deletion.
Your representations
You represent that:
- You own or have the necessary rights to Your Content
- Your Content does not infringe any third party's intellectual property, privacy, publicity, or other rights
- Your Content is truthful (reviews reflect genuine experience, listings accurately describe the item)
- You are not being paid to post a biased review
Honest reviews are protected
Consistent with the federal Consumer Review Fairness Act, nothing in these Terms prohibits or penalizes an honest review of a Pro Shop or of Disc.Market itself, and we will never charge you, fine you, or restrict your account because a truthful review was negative. We may still remove reviews that contain unlawful content, hate speech, another person's private information, content unrelated to a genuine purchase experience, or other violations of these Terms — and Pro Shops may post a public reply — but honest criticism stays.
Feedback
If you send us ideas, suggestions, or feedback about the Services, you agree we may use them without restriction or compensation. This doesn't apply to Your Content (covered above) — just to suggestions about how Disc.Market itself could work better.
Moderation
We screen content with automated filters and human review. We may edit, hide, or remove Your Content if it violates these Terms or applicable law. We have no obligation to monitor Your Content but we reserve the right to do so.
Intellectual Property
The Services, including the Disc.Market name, logo, design, code, and all underlying software and content we provide (excluding Your Content), are owned by Disc.Market or our licensors and are protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.
"Disc.Market" and our logo are our trademarks. You may not use them without our prior written consent except to factually refer to the Services (e.g., "I bought this on Disc.Market"). Other brands' trademarks and logos belong to their respective owners; Pro Shops may list items bearing those trademarks only when they're selling genuine, authentic goods.
Copyright (DMCA) Notices
We respect intellectual-property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that material on the Services infringes your copyright, send a written notice to our designated agent containing:
- Your physical or electronic signature
- Identification of the copyrighted work claimed to be infringed
- Identification of the material you claim is infringing, with enough detail to let us find it (URLs help)
- Your contact information (address, phone, email)
- A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf
Send notices to our designated agent:
Copyright Agent, Disc.Market LLC
117 S Lexington St, Ste 100
Harrisonville, MO 64701
Email: ops@disc.market
Phone: (816) 226-8154
U.S. Copyright Office Registration No. DMCA-1074111
You may also submit DMCA notices and counter-notices through the Contact page with the subject line "DMCA Notice" or "DMCA Counter-Notice." Disc.Market LLC is registered with the U.S. Copyright Office's DMCA Designated Agent Directory; the agent's contact information of record is searchable at copyright.gov/dmca-directory.
Counter-notices follow the same format, substituting step 5 with a statement of good-faith belief that the material was removed as a result of mistake or misidentification. We will forward valid counter-notices to the complainant. Repeat infringers will have their accounts terminated.
Disputes and Refunds
Our Refund & Returns Policy covers this in detail. In short:
- Contact the Pro Shop directly through the platform messaging system.
- If you can't reach the Pro Shop or they won't resolve the issue, open a formal dispute within the 3-day post-delivery dispute window.
- Our team reviews evidence from both sides and issues a decision. If we decide in your favor, we refund you directly from the held funds (we don't need to recover anything from the Pro Shop first).
- When a dispute, cancellation, or lost chargeback results in a full refund, the sold listing automatically returns to the marketplace visibility it had before the sale so the Pro Shop can sell it again. Partial refunds do not trigger this — the sale stands at the adjusted amount.
Opening a chargeback with your credit-card issuer without first working through our dispute process is a breach of these Terms and may result in account suspension. We generally win chargebacks when evidence shows delivery and no prior dispute was raised. Nothing in this section limits non-waivable rights you may have under your card agreement or applicable consumer-protection law.
Binding Arbitration & Class-Action Waiver
Read this section carefully — it affects your legal rights
This section requires you and Disc.Market to resolve most disputes through binding individual arbitration, not in court, and waives your right to bring or participate in a class action. It does not cover small-claims cases (which you can still bring) or claims for emergency court orders to stop ongoing intellectual-property infringement.
Who this applies to
This section applies to any dispute, claim, or controversy between you and Disc.Market relating to the Services, your account, the Terms, or Disc.Market's actions or omissions — past, present, or future, whether based in contract, statute, regulation, ordinance, tort (including negligence), fraud, or any other legal theory (a "Dispute"). It applies to claims that arose before you accepted these Terms.
Informal dispute resolution first
Before starting arbitration, you and Disc.Market agree to try to resolve the Dispute informally for at least 60 days. To start, you (or your attorney) must send a written notice describing the Dispute and your contact information via the Contact page with the subject "Legal Notice — Dispute." If we have a Dispute with you, we will send notice to the email address on your account. If we can't agree on a resolution within 60 days, either side may proceed to arbitration.
Arbitration agreement
You and Disc.Market each agree to resolve any Dispute through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org/consumer) and, if applicable, the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted by a single arbitrator with experience deciding similar cases. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Arbitration procedure and fees
- Location. Arbitration may proceed in person, by phone, or by document submission. If an in-person hearing is required, it will take place in the federal judicial district where you reside, unless we mutually agree on another location.
- Arbitrator's authority. The arbitrator (not a court) will decide all issues, including the validity, scope, and enforceability of this arbitration agreement. The arbitrator may award the same individual damages and individual relief that a court could, but may not award relief to or for anyone other than the parties to the arbitration.
- Fees. AAA's filing, administrative, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules. If your claim is for less than $10,000, Disc.Market will pay your share of those fees, unless the arbitrator finds the claim or relief sought was frivolous.
- Confidentiality. Either party may disclose the existence and outcome of the arbitration as required by law; otherwise the proceedings are confidential.
- Decision. The arbitrator's decision will be final and binding except for limited review under the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver
You and Disc.Market each agree that Disputes will be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides this class-action waiver is unenforceable as to a particular claim or remedy, then only that claim or remedy (and no other) will be severed from arbitration and brought in court; the rest of the Dispute will proceed in arbitration.
What's not covered (carve-outs)
This arbitration agreement does not apply to:
- Small-claims court. Either party may bring an individual claim in small-claims court if the claim qualifies for that court's jurisdiction. If a party escalates a small-claims case beyond that court (e.g., by appealing to a court of general jurisdiction), the case must move to arbitration instead.
- Emergency intellectual-property relief. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to stop ongoing infringement, misappropriation, or unauthorized disclosure of intellectual property or confidential information.
30-day right to opt out
You can opt out of this arbitration agreement. If you don't want to be bound by it, you must send written notice of your decision to opt out via the Contact page with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms (i.e., 30 days from creating your account). Your notice must include your full name, the email address on your Disc.Market account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the rest of these Terms (including the Governing Law section) still applies; you and Disc.Market will resolve Disputes in the courts identified there. Opting out has no adverse effect on your account or use of the Services.
Survival
This arbitration agreement survives the termination of these Terms or your account.
Severability
If any portion of this section is found unenforceable, that portion will be severed and the remainder will continue in effect, except that if the class-action waiver is found unenforceable as to a claim seeking public injunctive relief, that specific claim must proceed in court rather than arbitration; all other claims must proceed in arbitration.
Disclaimers
The Services are provided on an "as-is" and "as-available" basis. To the maximum extent permitted by law, Disc.Market disclaims all warranties, whether express, implied, statutory, or otherwise — including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, secure, error-free, free of viruses, or that defects will be corrected. We do not warrant the quality, accuracy, or reliability of any item listed on the marketplace; those warranties, where they exist, come from the Pro Shop.
Nothing in these Terms excludes any warranty or liability that cannot lawfully be excluded, including consumer protections in your jurisdiction.
Limitation of Liability
To the maximum extent permitted by law, Disc.Market and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, lost data, or business interruption — arising out of or related to your use of the Services, even if we've been advised of the possibility of such damages.
Our aggregate liability to you for all claims relating to the Services will not exceed the greater of (a) the total amounts you paid through the Services in the twelve (12) months before the event giving rise to the claim — for buyers, the total of your order payments; for Pro Shops, the platform fees you paid us — or (b) one hundred U.S. dollars ($100). These limits do not apply to: (i) liability for death or personal injury caused by our negligence; (ii) our gross negligence, fraud, or willful misconduct; (iii) your indemnification obligations; or (iv) any liability that cannot be limited or excluded under applicable law.
Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the minimum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Disc.Market and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms or any applicable law
- Your violation of any third-party right, including intellectual-property, privacy, or publicity rights
- Any content or items you list, sell, buy, or post on the Services
- Any dispute between you and another user
Governing Law and Venue
These Terms, and any Dispute between you and Disc.Market, are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration section above.
For any Dispute that — under the Arbitration section above — is permitted to proceed in court (i.e., a small-claims case, an emergency intellectual-property action, or any Dispute brought by a user who timely opted out of arbitration), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Jackson County, Missouri, except where applicable consumer-protection law requires that the case be heard in your home jurisdiction.
You and Disc.Market each waive any right to a jury trial in any court Dispute that the Arbitration section does not require be arbitrated.
Notice to California users
Under California Civil Code § 1789.3, California users are entitled to the following consumer-rights notice: the Services are provided by Disc.Market LLC. If you have a complaint regarding the Services, you may contact us via the Contact page. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Mobile Apps and App Stores
Our mobile apps are covered by these Terms. If you download the app from the Apple App Store or Google Play, the store's own terms also apply to the download itself, and:
- These Terms are between you and Disc.Market only — not with Apple Inc. or Google LLC. Apple and Google are not responsible for the app or its content and have no obligation to furnish maintenance, support, or warranty service for it.
- To the extent the store's terms require it, Apple and Google (and their subsidiaries) are third-party beneficiaries of these Terms with the right to enforce them against you as they relate to your license to use the app.
- Any claims relating to the app — product liability, regulatory non-compliance, consumer-protection — are our responsibility (to the extent provided in these Terms), not the store's.
- You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
Marketing Communications and Newsletter
Disc.Market sends two kinds of email: transactional and marketing. The two are governed differently.
Transactional email
Order confirmations, shipping updates, delivery confirmations, dispute notices, payout receipts, password resets, Pro Shop Agreement receipts, staff invites, and similar operational messages are part of using the Services. We send them when an action on your account requires it. These messages do not require separate opt-in and you cannot unsubscribe from them while your account is active.
Marketing email (newsletter)
Our marketing newsletter is opt-in only. You only receive it if you sign up via the newsletter form (e.g. the footer subscribe field or a promotional signup card). Every newsletter send includes a one-click unsubscribe link in the footer, in compliance with the U.S. CAN-SPAM Act. Clicking it immediately marks your address as unsubscribed and we will not send you marketing email again. You may also re-subscribe at any time from the same form.
We do not sell, rent, or share newsletter subscriber lists with third parties for their marketing purposes.
Push notifications
If you install the Disc.Market mobile app and grant push-notification permission, we use push to deliver order alerts, shipping updates, payout receipts, message notices, and similar transactional information. Push categories can be toggled individually at Account → Notifications, and notifications can be disabled wholesale in your device's system settings.
Changes to These Terms
We may update these Terms at any time. When we do, we'll revise the "Last updated" date at the top of this page. For material changes, we'll additionally email users with active accounts at least 7 days before the changes take effect and/or post a prominent site notice. Your continued use of the Services after the effective date of a revised version constitutes acceptance.
If you do not agree to a change, your only remedy is to stop using the Services and close your account.
Miscellaneous
- Entire agreement. These Terms (including the Privacy Policy and Refund Policy, which are incorporated by reference) are the entire agreement between you and Disc.Market regarding the Services and supersede any prior agreements.
- Severability. If any provision of these Terms is unenforceable, the remaining provisions remain in full effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control — natural disasters, acts of government, labor disputes, internet or utility failures, carrier disruptions, war, or similar events.
- Survival. Provisions that by their nature should survive termination do survive — including the content license, arbitration agreement, disclaimers, limitation of liability, indemnification, and governing law.
- Export and sanctions compliance. You may not use the Services in violation of U.S. export-control or sanctions laws. Orders currently ship to U.S. addresses only.
- Headings. Section titles and summaries are for convenience only and have no legal effect.
- Notices. We may notify you through the Services or via the email address on your account. You may send us notices via the Contact page.
- Relationship. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
Contact Us
If you have questions about these Terms, please use the Contact page and pick the topic that fits — support, legal, DMCA, privacy, arbitration opt-out, or other. The form routes directly to the right person on our team. You can also email support@disc.market.
For DMCA notices specifically, the U.S. Copyright Office's DMCA Designated Agent Directory (copyright.gov/dmca-directory) is the authoritative source for the agent's contact information.
Disc.Market LLC, a Missouri limited liability company.