ListandMeet.com — "List it. Meet the buyer."
Operated by ListandMeet, LLC, an Arizona limited liability company (17122 E Grande Blvd, Fountain Hills, AZ 85268)
Effective date: October 24, 2026 (last updated October 24, 2026)
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS A RELEASE OF CLAIMS, AN ASSUMPTION OF RISK, A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AN INDEMNITY, AND A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER. THESE PROVISIONS LIMIT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO A JURY TRIAL.
1. Who We Are and What This Covers
This Meetup Liability Release and Disclaimer (this "Release") is an agreement between you and ListandMeet, LLC ("ListandMeet," "we," "us," or "our"). It applies to your use of the ListandMeet.com website, apps, auctions, listings, messaging, and related services (together, the "Platform"), and to every in-person meeting, exchange, inspection, pickup, drop-off, or other interaction with another user that you arrange through the Platform (each, a "Meetup"). This Release is part of, and supplements, our Terms of Use. If they conflict on a meetup-related matter, this Release controls.
In this Release, the "Released Parties" means ListandMeet, LLC and its past, present, and future members (including Peter Janisch and Catherine Fox), managers, officers, employees, contractors, agents, representatives, affiliates, successors, and assigns.
2. ListandMeet Is Only a Venue
ListandMeet is an online venue that lets users post items for sale at a fixed price or by auction and connect with each other. You understand and agree that:
- We are not a party to any transaction. Every sale is solely between the buyer and the seller. We are not a buyer, seller, broker, auctioneer of record, agent, or escrow holder for any user, even though we may charge a buyer's premium (currently 7.5%) and a seller fee (currently 5%) and may in the future process payments through a third-party payment processor such as Stripe.
- We never own, possess, inspect, store, test, authenticate, appraise, insure, ship, or deliver any item. We do not verify that an item exists, is genuine, is safe, is legal to sell, is as described, or that the seller has the right to sell it.
- We do not screen users. Other than verifying an email address, we do not verify identity, run background or criminal checks, check references, or confirm that any user is who they say they are. A completed email verification, profile, rating, or badge is not an endorsement or a guarantee of anyone's honesty or safety.
- We do not arrange, supervise, attend, or control Meetups. You, and only you, decide whether to meet, with whom, where, when, and how. Any meetup location, "safe exchange zone," or safety tip we suggest is offered for your convenience only and is not a guarantee of safety.
- We do not control what users say or do, on or off the Platform, and we are not responsible for any user's conduct, listings, messages, or representations.
3. Assumption of Risk
You understand that meeting a stranger in person to buy, sell, or exchange property carries inherent risks, including but not limited to: physical injury, illness, or death; assault, robbery, theft, or other criminal acts; fraud, counterfeit money, fake or reversed payments, and scams; damage to or loss of vehicles, homes, or other property; injury while lifting, loading, transporting, or using an item; items that are defective, dangerous, stolen, recalled, counterfeit, or not as described; traffic accidents traveling to or from a Meetup; and disputes with other users. These risks exist even when you follow every safety recommendation.
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ARISING FROM OR RELATED TO ANY MEETUP, EXCHANGE, OR TRANSACTION WITH ANOTHER USER, AND YOU ACCEPT SOLE RESPONSIBILITY FOR YOUR DECISIONS AND YOUR SAFETY AND THE SAFETY OF ANYONE YOU BRING WITH YOU. You agree to read and follow our Safe Meetup Best Practices, while understanding that following them does not eliminate risk.
4. Release of Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- (a) any Meetup, in-person exchange, pickup, delivery, inspection, or travel to or from one;
- (b) bodily injury, illness, emotional distress, or death;
- (c) damage to, loss of, or theft of any property, money, or vehicle;
- (d) fraud, misrepresentation, counterfeit or fake payment, non-payment, chargebacks, or scams by any person;
- (e) the existence, condition, quality, safety, legality, title, authenticity, or description of any item;
- (f) the acts, omissions, statements, or conduct of any other user or third party, whether online or offline; and
- (g) any dispute between you and any other user.
This release applies whether a claim is based in contract, tort (including negligence), strict liability, statute, or any other legal theory, to the fullest extent the law allows. It does not release claims that cannot be released under applicable law, such as claims arising from a Released Party's own gross negligence or intentional misconduct.
5. Waiver of Unknown Claims (California Civil Code § 1542 and Similar Laws)
You intend this release to cover claims you do not know about or suspect today. If you are a California resident, you expressly waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you live anywhere else, you likewise waive the benefit of any statute, rule, or legal principle of any jurisdiction that would otherwise limit this release to claims you knew or suspected at the time you agreed to it.
6. Items Are Sold "AS IS"; Disclaimer of Warranties
ALL ITEMS ARE OFFERED AND SOLD BY USERS, NOT BY LISTANDMEET, ON AN "AS IS," "WHERE IS," AND "WITH ALL FAULTS" BASIS. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND SAFETY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We make no promise that any listing is accurate, that any user will perform, or that the Platform will be safe, secure, uninterrupted, or error-free. You are solely responsible for inspecting any item before you pay for or accept it. Any warranty on an item comes only from the seller or manufacturer, if at all.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE PLATFORM, ANY MEETUP, OR ANY TRANSACTION, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (b) THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE TOTAL FEES YOU PAID TO LISTANDMEET IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits are an essential basis of the bargain between you and us, and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limits, so some of them may not apply to you.
8. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, demands, losses, liabilities, damages, fines, costs, and expenses (including reasonable attorneys' fees) brought by any third party (including another user or anyone who attends a Meetup with you) that arise out of or relate to: (a) your listings, items, or transactions; (b) any Meetup you arrange or attend; (c) your acts or omissions, negligence, or misconduct; (d) your violation of this Release, our Terms of Use, or any law; or (e) your violation of the rights of any other person. We may assume the exclusive defense of any matter subject to indemnification at our own expense, and you agree to cooperate.
9. Your Responsibilities
You agree that you will: be at least 18 years old (or the age of majority where you live); comply with all laws, including those on stolen goods, firearms, recalled products, vehicle title transfer, and sales tax; describe your items honestly; not use the Platform to lure, threaten, harass, defraud, or harm anyone; and report any crime to law enforcement first by calling 911 in an emergency. You are solely responsible for any payment you send or accept outside of any payment tools we may offer.
10. Disputes Between Users
If you have a dispute with another user, it is between you and that user. We have no obligation to mediate, investigate, or resolve user disputes, to refund any fee, or to help recover any money or property, although we may, in our sole discretion, remove listings, suspend accounts, or cooperate with law enforcement.
11. Binding Arbitration and Class Action Waiver
(a) Agreement to arbitrate. You and ListandMeet agree that any dispute, claim, or controversy arising out of or relating to this Release, the Platform, any Meetup, or your relationship with ListandMeet, including any personal-injury or property claim and any question about the scope or enforceability of this agreement to arbitrate (each, a "Dispute"), will be resolved exclusively by final and binding individual arbitration, not in court. Either party may instead bring an individual claim in small claims court if it qualifies.
(b) Procedure. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator, and will take place in Maricopa County, Arizona, or by video or telephone, or another location both parties agree to. The Federal Arbitration Act governs this Section. Before starting arbitration, the party with a Dispute must send a written notice describing it to the other party and the parties must try in good faith to resolve it informally for at least 30 days.
(c) Class action and jury waiver. YOU AND LISTANDMEET MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. YOU AND LISTANDMEET EACH WAIVE THE RIGHT TO A JURY TRIAL.
(d) Opt-out. You may opt out of this arbitration agreement by emailing legal@listandmeet.com within 30 days after you first accept this Release, stating your name, account email, and that you opt out of arbitration.
(e) Survival. This Section survives termination of your account. If the class action waiver is found unenforceable as to any claim, that claim will proceed in court, not in arbitration, and the remainder of this Section will still apply to all other claims.
12. Governing Law and Venue
This Release is governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. For any claim not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona.
13. Severability and Miscellaneous
If any provision of this Release is held invalid or unenforceable, it will be limited or modified to the minimum extent necessary so that it is enforceable, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. This Release binds you and your heirs and assigns, survives termination of your account and the completion of any transaction, and may be updated by us from time to time; continued use of the Platform after an update means you accept it. Headings are for convenience only.
14. Acknowledgment
BY CHECKING THE ACCEPTANCE BOX AT SIGN-UP (OR IN THE ACCEPTANCE PROMPT) AND CONTINUING, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS RELEASE, THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR INJURY, LOSS, OR DAMAGE ARISING FROM MEETUPS AND THE RIGHT TO A JURY TRIAL OR CLASS ACTION), AND THAT YOU AGREE TO IT FREELY AND VOLUNTARILY.
Acceptance statement: I have read and agree to the ListandMeet Meetup Liability Release and Disclaimer. I understand ListandMeet is only a venue, I assume all risks of meeting other users in person, and I release ListandMeet, LLC and its members, employees, and agents from liability as described above.
You accept this Release electronically on ListandMeet.com by checking the acceptance box and continuing. We record your account, the document version (2026-10-24), and the time of acceptance.