Terms of Sale Agreement

Last updated 09/02/2026

Section 1. Welcome to Sweetwater's Gear Exchange!

We are glad you have chosen to visit our site. This Gear Exchange Terms of Sale Agreement (“Terms”) is entered into by and between you (whether acting as an individual buying or selling on our peer-to-peer platform, visiting or otherwise using our Site, or in your capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and Sweetwater Gear Exchange, LLC (“Gear Exchange”, “we,” “us,” or “our”) governing your use of our site at https://www.sweetwater.com/used (the “Site”). The term "Gear Exchange" or "us" or "we" or "our" refers to Sweetwater Sound, LLC, the owner of the website. The term “GX Staff” refers to employees of Sweetwater Gear Exchange, LLC and/or employees of Sweetwater Sound, LLC.

Section 2. Use of Our Website

By using our Site or by clicking to accept or agree, you confirm that you have read, understood, and accepted these Terms and any and all other user agreements, terms, rules, or policies referenced in these Terms, including:

Sweetwater Terms of Use;
Tax Information; and
All other applicable policies for buyers and sellers at Help Center, (collectively, the “Agreement”).

If you do not want to agree to this Agreement, you must not access or use the Site. You acknowledge that this Agreement contains legally binding terms and conditions that affect your legal rights and remedies.

Section 3. Your Promises to Us

You agree to comply with this Agreement including all policies, applicable laws, rules, and regulations. Violations of this Agreement will be subject to review and may result in a warning or a permanent account ban. You agree not to:

(a) fail to pay for purchased items including items for which your submitted offer has been accepted by a seller, unless the seller has meaningfully changed the item's description after your offer was made, where “meaningfully” is defined to mean a material change that would affect a reasonable User's choice to purchase the item;
(b) use our services to solicit personal information from other Gear Exchange Users, or use any buyer information obtained through a transaction for any purpose other than completing that specific transaction;
(c) send an excessive (as defined by GX staff) number of messages to other Gear Exchange users or GX Staff;
(d) fail to deliver items sold by you, unless you provide a reasonable (as defined by GX staff) explanation;
(e) manipulate the price of items or attempt to mislead Gear Exchange buyers or mislead other Gear Exchange Users;
(f) list or publish a Prohibited Item (as defined in the next section);
(g) mislead other Gear Exchange users.
(h) use, store, retain, sell, license, transfer, disclose, or otherwise exploit any buyer personal information (including name, address, email, phone number) for any purpose other than fulfilling the specific transaction for which it was provided;
(i) contact buyers for marketing, solicitation, or any commercial purpose unrelated to the specific Gear Exchange transaction;

The following violations will result in immediate and permanent account ban: You agree not to:

use our services if you are (1) below 18 years of age, (2) not able to form legally binding contracts, or (3) a person or entity with whom transactions are prohibited under economic trade sanctions;
attempt to or solicit other users to move a sale off-site;
use our services as a “drop shipping” tool, where “drop shipping” is defined as the systematic purchase and shipping of items to buyers other than yourself;
impersonate another person or entity in a deceptive manner;
promote or threaten violence;
make repeated unwanted contact with another user;
engage in harassment or bullying of another user;
use offensive or derogatory terms or slurs that refer to race or ethnicity, religion, gender, disability, or sexual identity.
misuse, sell, transfer, or exploit buyer personal information for any purpose other than completing the transaction for which it was provided;
fail to comply with applicable data privacy laws (including, where applicable, the California Consumer Privacy Act, or other similar laws) when handling buyer personal information, or fail to provide the same level of privacy protection for buyer personal information as is required of Gear Exchange under those laws.

Section 4. Prohibited and Restricted Items (“Prohibited Items”)

Gear Exchange is an online marketplace for individuals to buy and sell musical instruments and audio gear. To ensure a safe and productive selling environment, we prohibit non-musical and/or performance gear, including but not limited to:

bags; apparel; stickers;
anything illegal, obscene, threatening or defamatory;
illegal copies, copycats or counterfeit items;
software;
general electronics like cell phones, computers, and cameras;
CDs or vinyl;
books;
lessons or services;
marketing or advertisements;
items that display hateful images or symbols;
anything showing nudity or adult content;
alcohol;
tobacco;
drugs;
firearms;
products that contain ivory
any other item that, in the determination of GX Staff, should not be sold on the website, for any reason.

Gear Exchange may remove or modify a listing for any reason. We may remove or modify a post or picture without explanation or notice to the seller or buyer.

Section 5: Right to Suspend or Terminate

Gear Exchange reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your account and your access to and use of the Site, in whole or in part, at any time, for any reason or for no reason, with or without prior notice or explanation. This right includes the right to ban you, and any person or entity affiliated with you, from accessing or using the Site or transacting on the platform, whether or not you maintain an account, and to decline to provide services to you in the future. This right applies regardless of whether you have complied with these Terms, and Gear Exchange is under no obligation to provide any justification, warning, or opportunity to cure prior to taking such action.

Upon suspension or termination of your account: (a) your right to access and use the Site will immediately cease; (b) any pending listings may be removed or canceled without liability to you; (c) any pending payouts may be withheld, delayed, or forfeited, in Gear Exchange's sole discretion, to satisfy any outstanding fees, chargebacks, refunds, or other amounts owed to Gear Exchange or to buyers; (d) Gear Exchange may retain or delete your account information, listings, and other data associated with your account at its discretion; and (e) provisions of these Terms that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability) will continue to apply.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEAR EXCHANGE, SWEETWATER SOUND, LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUSPENSION, RESTRICTION, OR TERMINATION OF YOUR ACCOUNT OR ACCESS TO THE SITE, OR FOR ANY DELETION OF YOUR ACCOUNT INFORMATION, CONTENT, OR DATA. WITHOUT LIMITING THE FOREGOING, GEAR EXCHANGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, SALES, OR GOODWILL, ARISING OUT OF OR RELATED TO ANY SUCH SUSPENSION, RESTRICTION, OR TERMINATION, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF GEAR EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If your account is suspended or terminated, you have no right to reinstatement or to create a new account without the express written consent of Gear Exchange. Any attempt to circumvent a suspension or termination by creating a new account, using a different identity, or through any other means is strictly prohibited and may result in additional enforcement action.

Section 6. For Sellers - Card on File

As a seller on Gear Exchange, you agree that Gear Exchange may charge your credit card, or any other method of payment, on file (“Card on File”) for any and all outstanding or delinquent fees or balances and waive any and all claims against Gear Exchange for exercising that right (including, for example, using your contact information to aid in collecting payment).

Before publishing a listing, we require sellers to submit their Card on File and to create and maintain a Hyperwallet account, which is a Paypal service. More information is available at: https://www.sweetwater.com/used/help/selling/how-do-I-set-up-a-hyperwallet-account. We maintain this information while you use our service. We require all sellers to maintain an active Card on File with sufficient balance to cover buyer returns for your sold items at the point you sell the item until the return period has lapsed as the seller card on file. An active Card on File and a validated Hyperwallet account are required to collect your payout.

Gear Exchange will retain your information for as long as your account is active or as needed to provide the Gear Exchange services. If you no longer want Gear Exchange to use your information, you may close your account. After closing your account, Gear Exchange will retain and use your information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Section 7. Fees

Gear Exchange charges sellers for use of our services. All fees are calculated when an item sells and are automatically withheld from a seller's payout. The 5% seller fee will be applied to the final item sale price as well as any shipping charges that a seller charges to the buyer. The 2.5% transaction fee will be applied to the entire order amount, including any sales tax.

Gear Exchange will waive the 5% seller fee and the 2.5% transaction fee for sellers who choose to redeem earnings in the form of a Sweetwater gift card.

Gear Exchange reserves the right to change fees at any time with or without notice, in our sole discretion. The seller will have an opportunity to review the fees before proceeding to ship or arrange for pickup.

Any attempt to avoid fees, tax liability, or any other obligation under these Terms by moving sales initiated on Gear Exchange off-site, including by carrying out sales via private message, is strictly prohibited and may result in account suspension or termination. Any sale that begins on Gear Exchange but is completed off-site will not be subject to any of Sweetwater's policies or protections.

Section 8. Seller Information

Seller Access to Buyer Information: Gear Exchange may share certain buyer information with sellers solely to facilitate transaction fulfillment. By accessing buyer information, sellers acknowledge and agree that such information is confidential, proprietary to Gear Exchange, and provided exclusively for the purpose of completing the applicable transaction. Sellers have no ownership interest in buyer information and acquire no rights to use such information beyond the scope expressly authorized by these Terms.

Sellers may use buyer information provided by Gear Exchange solely for the following purposes: (a) shipping or delivering the purchased item to the buyer; (b) processing returns or exchanges in accordance with Gear Exchange policies; and (c) complying with applicable tax reporting or legal requirements. Buyer telephone numbers are provided solely to the extent reasonably necessary to arrange or complete delivery of the purchased item, including where a shipping carrier or delivery provider requires them, and may not be used to call, text, or otherwise contact the buyer for any other purpose; all other buyer communications must occur through Gear Exchange’s messaging tools. Any use of buyer information beyond these expressly permitted purposes is strictly prohibited.

Sellers are strictly prohibited from: (a) selling, renting, leasing, licensing, or otherwise transferring buyer information to any third party; (b) using buyer information to create mailing lists, marketing databases, or customer profiles; (c) contacting buyers for marketing, advertising, promotional, or solicitation purposes; (d) sharing buyer information with any third party except as strictly necessary to fulfill the transaction (e.g., shipping carriers), and only to the extent required; (e) retaining buyer information beyond sixty (60) days after the transaction is completed and any applicable return period has expired, unless retention is required by law; (f) combining buyer information with other data sources to create enhanced profiles or databases; (g) using buyer information to compete with Gear Exchange or Sweetwater Sound, LLC; or (h) using buyer information for any commercial purpose other than fulfilling the specific Gear Exchange transaction.

Sellers must implement reasonable administrative, technical, and physical safeguards to protect buyer information from unauthorized access, use, disclosure, alteration, or destruction. Sellers must: (a) limit access to buyer information to those individuals who need it to fulfill the transaction; (b) promptly notify Gear Exchange of any actual or suspected unauthorized access to, or breach involving, buyer information; and (c) cooperate with Gear Exchange in investigating and remediating any such incident.

Each seller certifies that it will collect, use, retain, and disclose buyer information only for the limited and specified purposes set forth in these Terms, and will provide the same level of privacy protection for buyer information as is required of Gear Exchange under applicable data privacy laws. A seller must notify Gear Exchange promptly if the seller determines that it can no longer meet these obligations. Gear Exchange reserves the right, upon notice to the seller, to take reasonable and appropriate steps to stop and remediate any unauthorized use or disclosure of buyer information.

Violation of any provision of this Section 8 constitutes a material breach of these Terms and may result in: (a) immediate suspension or permanent termination of the seller's Gear Exchange account; (b) forfeiture of any pending payouts; (c) assessment of liquidated damages in the amount of $1,000 per incident of unauthorized use or disclosure of buyer information, which the parties agree represents a reasonable estimate of the harm caused by such violations; (d) legal action by Gear Exchange to recover actual damages, including costs and attorneys' fees; and (e) referral to appropriate regulatory authorities or law enforcement. These remedies are cumulative and in addition to any other remedies available to Gear Exchange at law or in equity.

Sellers agree to indemnify, defend, and hold harmless Gear Exchange, Sweetwater Sound, LLC, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the seller’s unauthorized use, disclosure, or mishandling of buyer information; (b) the seller’s violation of any applicable data protection or privacy law; or (c) any data breach or security incident resulting from the seller’s failure to implement reasonable safeguards. This indemnification obligation shall survive termination of the seller’s account and these Terms.

Gear Exchange reserves the right, upon reasonable notice, to audit or request certification of a seller’s compliance with the data protection obligations set forth in this Section. Failure to cooperate with such audit or certification request, or evidence of non-compliance, may result in immediate account suspension or termination.

Section 9. Tax Information

According to the IRS, online marketplaces (such as Gear Exchange) will be required to file a Form 1099-K on your behalf if gross payments to you for goods sold on Gear Exchange reach the annual earnings threshold set by the IRS.

As described in Section 6, sellers must create and maintain a Hyperwallet account to receive payouts. In order to process payouts, we may require that sellers complete W-9 taxpayer forms in Hyperwallet's secured Pay Portal. If tax information is not submitted, we may temporarily suspend payouts until the necessary taxpayer information has been received and validated in your Hyperwallet account.

Section 10. Unlawful Activity & Proper Conduct

As a member of a friendly community, you are expected to behave in an honest and lawful manner. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Section 11. Reviews

Feedback from Buyers

After buying an item on Gear Exchange you have the opportunity to leave a review for 60 days following the delivery date of the item. In the review, you may rate the seller with a one to five star rating, with one being the lowest rating (negative experience) and five being the highest rating (positive ). During that 60-day window, you may edit your rating as many times as you would like. Be aware that your review and your profile information may be displayed on the seller's page in both the listing and review sections.

By leaving a review, you agree to:

Follow the Promises to Us in Section 3 of this Terms of Sale;
Not penalize the seller for things outside of their control, like shipping, the functionality of the website itself, or other third-party services;
Not falsely inflate a seller's review score;
Avoid harassment or bullying of any kind;
Maintain the integrity of the review system, and not attempt to undermine it in any way.

Feedback for Sellers

We know your reputation as a seller is important to you. Should you receive an unfavorable review, you can reach out to the buyer or leave a response.

In reaching out to the buyer or in leaving a response, you commit to the Promises to Us in Section 3 of this Terms of Sale, and you agree to maintain a respectful conversation. Failure to do so will constitute a violation of this Agreement.

In your response or review of the buyer, you agree to:

Follow the Promises to Us in Section 3 of this Terms of Sale;
Not falsely inflate a buyer's review score;
Avoid harassment or bullying of any kind;
Maintain the integrity of the review system, and not attempt to undermine it in any way.

We reserve the right to remove reviews that violate our Review Policy or overall Terms of Use.

Section 12. Problem Reports & Cases

Buyers may report a problem for items that never arrive, or arrive late, or arrive damaged, or do not match the listing description. If a buyer has a problem with an order or a dispute they're unable to resolve on their own with a Seller, they can file a Problem Report.

Once a buyer submits a Problem Report, a case is opened. When a case has been opened, you (the Seller) are expected to attempt to resolve the issue in a timely fashion. If needed, Gear Exchange will assist in the resolution of the case between you and the buyer. This may include, but is not limited to:

automatically closing the case and issuing a refund to the buyer (to the original form of payment);
reviewing the case further to help the buyer and seller resolve it as quickly as possible.

Gear Exchange reserves the right to intervene and resolve an issue on your (the Seller's) behalf for any reason, including, but not limited to:

failure to respond timely hours to a buyer's inquiry;
harassment;
refusal of service;
manipulation;
undermining the integrity of the case system.

Gear Exchange may request your assistance in resolving cases opened against your shop. By using the Gear Exchange case system, you understand that GX may use your personal information for the purpose of resolving disputes with other members. Please review Sweetwater's Privacy Notice for more information.

Section 13. Use of Artificial Intelligence

Use of AI Features - Additional Disclaimers

Certain portions of the Site include artificial intelligence features (“AI Features”) that perform actions or generate content (collectively, “AI Output”), in order to provide additional features for your benefit. For example, certain AI Features may be made available to you on the Site to refine and improve your product listings. Gear Exchange may change, add, or remove specific AI Features, or portions thereof, at any time without any liability to you. Further, you agree and acknowledge that given the current state of technology, AI Features may make mistakes, contain errors, and have other bugs. You are solely responsible for reviewing and double-checking AI Outputs to confirm that such AI Outputs are accurate, lawful and otherwise appropriate before relying on them. You are solely responsible for, and should always verify before posting, any of your listings that are generated or updated using AI Features (including, without limitation, the description and price of items).

Ownership of AI Output

AI Output may not be protectable under copyright, intellectual property, or other laws, even to the extent such output is based on, or a derivative of, input provided by you. You agree and Gear Exchange makes no warranties or representations, express or implied, that AI Output is protectable under any law, is accurate, or is error-free.

Use of Your Input for Training/Optimization

Any information, text, or other materials that you input on the website including for use with any AI Feature, may be used by us to train, optimize, ground or otherwise enhance the AI Features, without any attribution or payment to you.

Fraud Detection and Prevention

Gear Exchange uses automated tools, including artificial intelligence systems (“Fraud Detection Tools”), to analyze offer content, transaction data, account characteristics, and behavioral signals to detect fraudulent or unauthorized activity on the Site. Information processed by Fraud Detection Tools may be transmitted to third-party AI service providers subject to contractual data processing obligations.

All automated fraud assessments are reviewed by GX Staff before any enforcement action, including account suspension, listing removal, or offer suppression, is taken. Gear Exchange may temporarily hold offers or communications pending completion of human review.

Gear Exchange is not obligated to disclose the criteria, algorithms, or scoring methods used by Fraud Detection Tools. Fraud detection data may be retained beyond account closure as reasonably necessary for fraud prevention, legal compliance, and dispute resolution.

If your account or activity is restricted following a fraud determination, you may contact Gear Exchange at https://www.sweetwater.com/used/contact to request information regarding the determination. Nothing in this section limits Gear Exchange's rights under Section 5 of these Terms.

Section 14. Your Submissions to Us

You grant Gear Exchange a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, reproduce, display, and distribute all information and materials you provide in connection with the Site, including remarks, suggestions, ideas, graphics, listing photos, product descriptions, and any other content you upload or submit in connection with a listing (collectively, a “Submission”). This includes, without limitation, the right to use your Submission on our social media accounts, in marketing materials, in advertisements, and in other promotional contexts, whether or not in connection with the specific listing for which you originally provided the Submission. You represent and warrant that you own or control all necessary rights to your Submission; that your Submission is accurate, appropriate, legal, and original; and that its use by Gear Exchange, our users, or others does not and will not infringe any third-party Intellectual Property Rights. You acknowledge and agree that your Submission will not be treated as confidential, and you are solely responsible for it. By posting your Submission on our Site, it is possible for an outside website or a third party to re-post or index that Submission. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in your Submission against Gear Exchange and its assignees and sublicensees.