Terms of Service
Effective date: January 1, 2025
Welcome to ListMyFleet.com. These Terms of Service ("Terms") govern your use of the ListMyFleet.com website and services (the "Service") operated by TourScale Enterprises LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service. We may update these Terms from time to time — your continued use constitutes acceptance of any changes.
2. Description of Service
ListMyFleet is an online marketplace that connects sellers and buyers of used tour, rental, and recreation equipment. We provide the platform for listing and discovering equipment — we are not a party to any transaction between sellers and buyers.
3. Accounts
You must create an account to list equipment or send inquiries. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must provide accurate, current information and update it as needed.
We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our discretion, with or without notice.
4. Listing Rules
All listings must comply with the following rules:
- Listings must be for used tour, rental, recreation, or related commercial equipment.
- All information (description, price, condition, photos) must be accurate and not misleading.
- You must have the legal right to sell the listed item.
- Listings may not contain illegal, prohibited, or hazardous items.
- Duplicate listings for the same item are not permitted.
- We reserve the right to remove any listing that violates these rules or for any reason at our discretion.
5. Seller Obligations
As a seller, you agree to:
- Provide accurate descriptions and photos of your items.
- Respond to buyer inquiries in a timely and professional manner.
- Complete sales honestly and in good faith.
- Comply with all applicable laws related to the sale of your items, including title transfer, safety regulations, and tax obligations.
- Mark listings as sold when the item is no longer available.
6. Buyer Obligations
As a buyer, you agree to:
- Conduct your own due diligence before purchasing, including inspecting items in person when possible.
- Communicate honestly with sellers and act in good faith.
- Not use the Service to send spam, fraudulent offers, or harassing messages.
7. Fees & Payments
Sellers pay a subscription fee of $19.99/month per active listing. This fee is billed monthly through Stripe and recurs until cancelled. There are no setup fees, commissions, or hidden charges. Buyers use the Service for free.
All fees are non-refundable except as required by applicable law. We reserve the right to change our pricing with 30 days' notice to existing subscribers.
8. Intellectual Property
The Service, including its design, code, logos, and content (excluding user-submitted listings), is owned by TourScale Enterprises LLC. You may not copy, modify, distribute, or create derivative works without our written permission.
By submitting a listing, you grant us a non-exclusive, worldwide, royalty-free license to display your listing content (text, images) on the Service and in marketing materials related to the Service. You retain ownership of your content.
9. Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose or in violation of any applicable law.
- Post false, misleading, or fraudulent listings or information.
- Harass, threaten, or abuse other users of the Service.
- Scrape, crawl, or use automated means to access the Service without our written permission.
- Attempt to gain unauthorized access to accounts, systems, or networks connected to the Service.
- Interfere with or disrupt the Service or its infrastructure.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
We do not verify, endorse, or guarantee any listing, seller, or buyer on the platform. We are not responsible for the quality, safety, legality, or availability of items listed. All transactions are between the buyer and seller.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURSCALE ENTERPRISES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless TourScale Enterprises LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
13. Termination
You may close your account at any time through your dashboard or by contacting us. We may suspend or terminate your account at any time for violations of these Terms or for any other reason at our discretion.
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will survive.
14. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Florida.
15. Contact
If you have questions about these Terms, please contact us:
TourScale Enterprises LLC
Email: legal@listmyfleet.com