Garage Sale Market Terms of Service
Effective Date: June 21, 2026 | Version: v2.0 (free, US + EEA)
Garage Sale Market is currently offered free of charge. We do not take payments, charge fees, or process any payment-card or financial information, and paid features (such as subscriptions or paid advertising) are not offered at this time. Sections of these Terms that describe payments, subscriptions, or paid advertising do not currently apply and are retained for reference in case such features are introduced in the future.
Welcome to Garage Sale Market (“GSM,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, platform, and services (collectively, the “Service”). By using the Service, you agree to these Terms. This document is provided in English and Spanish; for users resident in Spain, the Spanish version prevails.
1. Eligibility
You must be at least 18 years old to open an account. The Service is available to individuals located in the United States and Spain (and is being introduced in additional countries over time). Age rules specific to Spain appear in Section 17.
Minors ages 13–17 (United States): Individuals aged 13 to 17 may only use the Service with the full knowledge, permission, and active supervision of a parent or legal guardian. The parent or guardian must be the account holder and is fully responsible for all activity and content submitted through the account. (For Spain, see Section 17 — age 14.)
If we discover a minor using the Service without proper authorization, we may suspend or delete the account.
2. User Accounts
You agree to provide accurate, up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all actions taken under your account. We may suspend or terminate accounts for violations of these Terms, suspected fraud, abuse, or illegal activity.
3. User Content, Address Warranty, and License
(a) Content Ownership
You retain ownership of images, descriptions, and other materials you upload (“Content”), and you warrant that you have all rights necessary to upload and use such Content.
(b) Address Accuracy & Legal Right to Use
By providing a physical address for your sale, you represent and warrant that you own, lease, or otherwise have legal permission to use and publicly display that address for your sale listing and that you are not violating any lease agreement, HOA rule, apartment complex policy, municipal ordinance, or private-property rule. You accept full responsibility for compliance with all local rules and requirements related to your listed address.
(c) Limited License to GSM
By uploading Content, you grant GSM a non-exclusive, royalty-free, worldwide license to host, display, and reproduce your Content solely to operate and promote your own sale, including through on-site galleries. GSM will not use your Content for unrelated general marketing of GSM itself. The license ends when your Content or account is removed, except for copies retained briefly in backups or as required by law.
(d) Retention & Removal
Content is not returned. Listings and associated images may expire automatically. We may remove or report Content that is illegal, inappropriate, or in violation of these Terms.
4. Prohibited Conduct
You agree not to:
- Upload unlawful, obscene, harmful, or infringing material;
- Engage in fraud, deception, or misrepresentation in your listings;
- Post flyers, banners, signs, or advertisements in any location where you do not have legal permission, including HOAs, apartment complexes, gated communities, private businesses, or municipal property;
- Interfere with or disrupt the platform, servers, or networks;
- Collect, harvest, or misuse other users’ data;
- Deploy bots, scrapers, crawlers, or other automated tools to access, harvest, or index data from the Service for any purpose;
- Post malware, spam, or harmful content, or attempt to reverse-engineer, probe, or circumvent any security features of the Service.
GSM may remove content or accounts that violate these rules or that undermine the purpose or integrity of the platform, including outdated, abandoned, duplicate, or irrelevant listings.
5. Free Service
Garage Sale Market is currently provided free of charge. There are no subscriptions, listing fees, advertising fees, or other charges, and we do not process payments. If paid features are introduced in the future, the applicable payment terms will apply and you will be notified before any charge.
6. Tax Responsibility
You are solely responsible for determining and satisfying any tax obligations related to your sales, including income tax, sales tax, or other reporting requirements. GSM does not calculate, collect, remit, or provide advice on taxes.
7. Privacy
Your email — and, if you choose, your phone number and/or your address — may be publicly displayed to help buyers find and contact you. All personal information is handled according to our Privacy Policy, which is incorporated into these Terms by reference.
8. User Responsibility for Interactions
GSM does not screen users, conduct background checks, or guarantee the identity or reliability of buyers or sellers. You are solely responsible for your interactions with others, whether online or in person, and for taking appropriate safety precautions during any meetings or transactions.
Garage Sale Market is a listing service only. All transactions occur directly between buyer and seller; GSM is not a party to any sale and does not collect, hold, or process any payment for items sold.
9. Service Availability
The Service may be unavailable or interrupted from time to time due to maintenance, outages, technical issues, or factors outside our control. GSM does not guarantee continuous availability or uptime and is not liable for any interruptions, delays, or data loss.
10. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, to the fullest extent permitted by applicable law. GSM expressly disclaims any warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee any particular number of views, responses, or sales. Nothing in these Terms excludes or limits any rights you have as a consumer under mandatory Spanish or EU law (see Section 17).
11. No Professional Advice
Nothing on the Service constitutes legal, financial, tax, or real-estate advice. You are solely responsible for deciding how to price items, structure your sale, and comply with applicable laws and regulations.
12. Limitation of Liability
To the fullest extent permitted by law, GSM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.
In all cases, GSM’s total liability for any claim arising out of or related to the Service shall not exceed one hundred U.S. dollars (US $100). This monetary cap does not apply to consumers resident in the EEA / Spain (see Section 17).
13. Indemnification
You agree to indemnify, defend, and hold harmless GSM and its owners, officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your Content, listings, or address; (ii) your sale activities or interactions with buyers; (iii) your failure to comply with tax obligations; or (iv) your breach of these Terms or applicable law. For consumers resident in the EEA / Spain, this obligation applies only to the extent and within the limits permitted by mandatory consumer law.
14. Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles, subject to Section 17 for consumers in the EEA / Spain. For U.S. users, venue lies in the state or federal courts located in Harris County, Texas, unless GSM, at its sole discretion, elects to require that a dispute be resolved through binding arbitration under applicable rules. You consent to the personal jurisdiction of such courts or arbitral bodies.
15. Assignment / Sale of the Company
GSM may assign its rights and obligations under these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, or sale of assets. Your continued use of the Service following any such transaction constitutes acceptance of the Terms as transferred or assigned.
16. Modifications
We may update or revise these Terms at any time by posting the revised version on our website. For material changes, we will revise the Effective Date and Version above and ask you to re-accept before continued use.
17. Additional Terms for Users in the European Economic Area (EEA), including Spain
If you are located in the EEA (initially Spain), the following provisions apply and prevail over any conflicting clause in the sections above.
(a) Provider Identity (LSSI) & EU Representative
The Service is provided by ProgTrack, LLC, a Texas (USA) limited liability company, operating under the business name “Garage Sale Market.”
- General contact: support@garagesalemarket.com.
- Legal & data-protection contact, and to request our full registered company details (provided to anyone with a legitimate legal basis, e.g. a supervisory authority or court): legal@garagesalemarket.com.
- EU Representative (GDPR Art. 27): we have designated, in writing, a representative in the European Union as a point of contact for data subjects and supervisory authorities, reachable via legal@garagesalemarket.com; we provide the representative's identity and contact details on request to any data subject or supervisory authority. The designation of a representative does not constitute an establishment of ProgTrack in the EU (Recital 80 GDPR).
(b) Eligibility age in Spain
In Spain, a user aged 14 or older may use the Service with their own consent; a user under 14 may use it only with the verifiable consent of a parent or legal guardian, who is the account holder and responsible for the account.
(c) Illegal content — notice and action (Digital Services Act)
If you consider that content on the Service is illegal, you may notify us at legal@garagesalemarket.com with the location (URL), an explanation of why it is illegal, and your contact details. We will act on valid notices in a timely, diligent, and non-arbitrary manner and inform you of our decision and the reasons for it. Our single point of contact for users and authorities under the Digital Services Act is legal@garagesalemarket.com.
(d) Your consumer rights are preserved
If you are a consumer resident in Spain (or another EEA State):
- The choice of Texas law does not deprive you of the protection of the mandatory consumer-protection rules of your country of residence (Article 6, Regulation (EC) No 593/2008, “Rome I”), and you may bring proceedings in the courts of your place of residence.
- We do not require you to arbitrate, and the US $100 (or any) monetary liability cap that would deprive you of mandatory rights does not apply to you. We are liable for damage caused by intent or gross negligence and for any liability that cannot be excluded under mandatory law.
- Your statutory guarantees and other mandatory consumer rights apply in full.
- You may use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr and contact the Spanish consumer authorities.
In case of conflict between this Section 17 and any earlier section, this section prevails for EEA / Spain users.
18. Contact
If you have questions about these Terms, please contact:
Garage Sale Market (ProgTrack, LLC)
General: support@garagesalemarket.com
Legal & data protection: legal@garagesalemarket.com