This Marketplace Disclaimer & Facilitator Agreement (this "Agreement") supplements and is incorporated into the Terms of Service. It governs your use of the peer-to-peer marketplace features of G.G. Gambit (the "Marketplace"). Capitalized terms not defined here have the meanings given in the Terms of Service.
1. Nature of the Marketplace
The Marketplace is a venue for direct transactions between Users. When a sale or trade occurs through the Marketplace, the contract is formed between the buyer and the seller. Nouvos Solutions LLC ("Nouvos") is not a party to that contract. Nouvos does not:
- own, take title to, or hold inventory of Cards listed on the Marketplace;
- authenticate, grade, appraise, inspect, or warrant the condition, quality, legality, or authenticity of any Card;
- handle, store, package, or ship any Card on behalf of any User; or
- guarantee that any listing will result in a completed transaction, that any buyer will pay, or that any seller will deliver.
2. Role of Nouvos
Nouvos operates the Marketplace as a marketplace facilitator. Our role is limited to:
- Hosting listings and providing the technology that lets buyers and sellers find each other.
- Providing pricing context, scan-based identification tools, and metadata to inform (but not direct) transaction decisions.
- Through Stripe and other payment processors, where enabled, facilitating payment flow, escrow, and payout to the seller.
- Operating dispute, ratings, and reporting features that may help resolve issues between Users.
Where required by law, Nouvos may register as a marketplace facilitator for sales and use tax purposes and may collect and remit applicable sales tax on behalf of sellers.
3. Seller Obligations
If you list a Card on the Marketplace, you represent and warrant that:
- you have legal title to the Card and the right to sell or trade it free of any third-party claim;
- the Card is authentic and described accurately (including condition, language, edition, and any treatment such as foil, reverse holo, or stamping);
- you have the legal capacity to enter into the transaction and to receive payment;
- you will deliver the Card to the buyer within the time period stated in your listing or otherwise communicated to the buyer;
- you will package the Card securely and use a tracked shipping method appropriate to the transaction value;
- you will comply with all applicable laws, including tax-reporting obligations on income from the sale;
- you will not list, sell, or trade any Card that violates the Acceptable Use Policy; and
- you will respond to buyer messages and dispute communications in good faith and within a reasonable time.
4. Buyer Obligations
If you offer to buy a Card on the Marketplace, you represent and warrant that:
- you will pay the agreed price (plus any applicable taxes, shipping, and fees) promptly through the payment method offered;
- you have the legal capacity to enter into the transaction;
- you will not knowingly purchase a Card that has been described in a way you believe to be false;
- you will inspect the Card promptly upon delivery and raise any issue through the dispute process within the timeframe stated in the Marketplace; and
- you will not initiate chargebacks or other reversals as a substitute for good-faith use of the dispute process.
5. Fees
Nouvos charges a platform fee of 5.5% of the sale price on completed Marketplace transactions. The current fee is also displayed in the Service before you list or transact. Payment-processing fees from Stripe or other processors are separate and may also apply. We may change the platform fee with reasonable advance notice posted in the Service.
6. Payments, Escrow, and Payouts
When payment processing is enabled, buyer funds are held by our payment processor (Stripe, Inc.) and released to the seller after the transaction is confirmed complete or after the dispute window closes without an unresolved claim. Funds may be held longer for fraud review, KYC verification, or dispute resolution. Disbursement timing, payout schedules, and reserves are governed by the agreement between you and Stripe.
7. Disputes Between Users
We encourage buyers and sellers to attempt to resolve disagreements between themselves. Where that fails, the dispute features within the Service provide a structured process to exchange evidence and request remedies (such as refunds or partial refunds). Nouvos may, in its discretion and where appropriate, mediate disputes — including by reviewing transaction records, messages, ratings, photographs, and shipping evidence — and may release, withhold, or refund funds held in escrow accordingly. Our determinations are not legally binding and do not constitute legal advice. Either party retains all rights to pursue claims through the dispute-resolution process described in Section 18 of the Terms of Service — namely, informal negotiation, mandatory mediation in Cook County, Illinois administered by JAMS, and, if necessary, binding individual arbitration administered by JAMS.
8. Returns, Refunds, and Cancellations
Sellers may set return and cancellation policies within the limits established by the Service. Unless required by applicable law, all returns, refunds, and cancellations are between buyer and seller. Nouvos may, in appropriate cases and in its discretion, override a stated policy to issue a refund from escrowed funds — for example, where a buyer establishes that the Card was materially misrepresented, never delivered, or counterfeit.
9. Counterfeit, Stolen, or Prohibited Items
Listing or selling Cards that are counterfeit, stolen, prohibited, or otherwise unlawful to transfer is a material breach of these Terms and may result in immediate account termination, reversal of pending payouts, retention of funds for return to affected buyers, and reporting to law-enforcement authorities. Buyers who suspect they have received such items should notify us immediately at support@nouvos.one.
10. Off-Platform Transactions
Sellers who are matched with buyers through the Marketplace must complete those transactions through the Marketplace. Soliciting a counterparty to transact off-platform — including by sharing private payment links, contact information for side channels, or instructions to cancel a listing in favor of a private deal — is prohibited and circumvents the escrow, dispute, and tax-reporting protections that the Marketplace provides.
11. Taxes
Sellers are responsible for determining and reporting income tax on Marketplace sales. Where Nouvos is required by law to collect sales or similar transaction taxes, we will do so and remit those taxes to the applicable authority. Users should consult their own tax advisors for personal guidance.
12. International Transactions
Cross-border sales may be subject to customs duties, import taxes, and prohibitions that vary by country. Sellers and buyers are responsible for understanding and complying with the laws of any jurisdiction implicated in their transaction, including export controls and sanctions. Nouvos may restrict listings to certain shipping regions where required by law or platform policy.
13. No Investment Advice
Pricing data, market signals, deal scoring, and analytical tools in the Marketplace are informational and not investment, financial, or tax advice. Trading-card values are volatile and can decrease as well as increase. You bear the risk of loss on Cards you acquire.
14. Limitation of Liability (Marketplace-Specific)
Without limiting the disclaimers and liability caps in the Terms of Service: Nouvos is not liable for the acts, omissions, or breaches of any User on the Marketplace, including misrepresentations about Cards, failures to deliver, chargebacks, fraud, harassment, or violations of intellectual-property rights. Buyers and sellers transact at their own risk and look first to each other for remedies.
15. Termination of Marketplace Privileges
Nouvos may suspend or terminate your access to the Marketplace at any time, with or without notice, for any breach of this Agreement, the Terms of Service, or the Acceptable Use Policy; for excessive disputes or chargebacks; for regulatory or risk-management reasons; or where required to protect the integrity of the Marketplace or the interests of other Users.
16. Contact
Questions about this Marketplace Disclaimer can be sent to support@nouvos.one. Legal correspondence may be sent to legal@nouvos.one.