These Terms of Service ("Terms") form a binding agreement between you and EstateProxy ("we", "us", "our") and govern your access to and use of the EstateProxy marketplace, website, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms.
1. Eligibility and accounts
You must be at least 18 years old and legally able to enter into a binding contract to use EstateProxy. You agree to provide accurate information when creating an account and to keep it updated.
You are responsible for all activity that occurs under your account. Keep your password secure and notify us immediately of any unauthorized access.
One person may not maintain more than one account without our written permission. Accounts are personal and cannot be transferred.
2. Our role as a marketplace
EstateProxy is a venue that connects buyers with independent local "Scouts" who attend estate sales on their behalf, and with estate sale companies that publish public sales.
We are not a party to transactions between buyers and Scouts, are not the seller of items, and do not appraise, authenticate, inspect, or take custody of items prior to a Scout purchasing them.
Scouts are independent contractors. They are not our employees, agents, or representatives.
3. Buyer obligations
When you create a proxy request, you authorize a Scout to purchase items up to your stated budget on your behalf. You agree to:
- Fund the escrow in full before the Scout attends the sale.
- Respond to item approval requests in a timely manner during the sale window.
- Pay the Scout's service fee and the actual price paid for any items purchased, plus shipping where applicable.
- Pick up items at agreed meetups on time, or accept reasonable rescheduling.
- Inspect items within 48 hours of delivery and open any dispute within that window.
4. Scout obligations
As a Scout, you agree to:
- Represent items honestly, with clear, well-lit photos and accurate condition notes.
- Only purchase items the buyer has authorized.
- Respect the rules of the estate sale company and the household hosting the sale.
- Pack and ship items securely within agreed timelines, with tracking.
- Carry items to meetups on time and treat buyers with courtesy.
- Maintain a valid payout account and comply with applicable tax reporting (e.g., 1099-K thresholds).
5. Fees, escrow, and payouts
Buyers pay (a) the actual purchase price of items, (b) the Scout's posted service fee or tier price, (c) any shipping and handling, and (d) applicable taxes. EstateProxy takes a marketplace fee disclosed at checkout.
Funds are held in escrow until the dispute window closes. Scout payouts are released to the Scout's connected payout account on a rolling basis after the 48-hour inspection window.
All payments are processed by our payment partner. See our Refund Policy for refund and reversal terms.
6. Prohibited items and conduct
You may not buy, sell, list, or transport through EstateProxy anything that is illegal, unsafe, or restricted, including firearms, ammunition, controlled substances, ivory, hazardous materials, live animals, stolen goods, counterfeits, or items that infringe intellectual property rights. See our Acceptable Use Policy for the full list.
You may not harass, threaten, defraud, dox, or discriminate against other users; circumvent EstateProxy fees by taking transactions off-platform; or use the Service to launder funds.
7. Content and license
You retain ownership of the content you submit (photos, descriptions, messages). You grant EstateProxy a worldwide, non-exclusive, royalty-free license to host, display, and use that content to operate, market, and improve the Service.
Do not upload content you do not own or have permission to use, and do not include other people's personal information without consent.
8. Disputes and chargebacks
If an item arrives damaged, materially not as described, or wrong, open a dispute within 48 hours of delivery. We review evidence from both sides and may issue a full or partial refund, deny the dispute, or escalate to our payment partner.
Initiating a chargeback with your bank instead of using EstateProxy's dispute process may result in account suspension.
9. Suspension and termination
We may suspend or terminate access to the Service at any time, with or without notice, for any reason — including violations of these Terms, our Acceptable Use Policy, or applicable law.
You may close your account at any time from your settings. Open transactions, payouts, and dispute windows must be resolved before closure.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. ESTATEPROXY DOES NOT WARRANT THE CONDITION, AUTHENTICITY, OR PROVENANCE OF ANY ITEM, OR THE CONDUCT OF ANY USER. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES.
11. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, ESTATEPROXY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS IS LIMITED TO THE GREATER OF (A) THE FEES PAID TO ESTATEPROXY BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
12. Indemnification
You agree to indemnify and hold EstateProxy harmless from any claim, loss, or expense arising out of your use of the Service, your violation of these Terms, or your infringement of any third-party right.
13. Governing law and arbitration
These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-laws principles. Disputes will be resolved through binding individual arbitration in Philadelphia, PA under the rules of the American Arbitration Association. You waive any right to a jury trial or class proceeding.
14. Changes to these Terms
We may update these Terms. We will notify you of material changes via email or in-product notice. Your continued use of the Service after the effective date constitutes acceptance.
15. Contact
Questions about these Terms? Email legal@estateproxy.com.