Terms & Conditions

1. Platform Overview

First Pick is a technology platform that enables users to discover and participate in yard sales, estate sales, and similar events ("Events").

First Pick is not the organizer, host, operator, or owner of any Event. All Events are created and managed by independent third-party users ("Sellers").

2. Eligibility

By using the Platform, you represent and warrant that you are at least 18 years old or the legal age in your jurisdiction.

First Pick does not verify user age and is not responsible for any misrepresentation.

3. Platform Role

First Pick is not a party to transactions and does not act as an agent, broker, or representative.

Sellers are independent third parties.

No fiduciary, agency, or partnership relationship is created.

4. Use at Your Own Risk

Use of the Platform, reliance on content, and attendance at Events is entirely at your own risk.

5. Events & Listings

Listings are user-generated. First Pick does not verify or guarantee accuracy, safety, legality, or outcomes.

Listings do not constitute endorsement.

6. Early Access Tickets

Tickets provide access only and do not guarantee availability, exclusivity, or outcomes.

Each individual (including children) must have a valid ticket.

Sellers are responsible for enforcing entry rules, capacity, and timing.

First Pick is not liable for Seller behavior, including overcapacity or mismanagement.

Tickets are non-refundable except where required by law. Refunds may be considered only in cases of material Seller failure.

Tickets may be transferred but remain non-refundable.

If a refund is issued, it covers the ticket price. The card processing fee charged at checkout is non-refundable.

A Seller's share of a ticket is paid the morning after the Early Access date, and only for tickets scanned at entry through First Pick on that Early Access day. A ticket not scanned on its Early Access day is forfeited, and the Seller's share is retained by First Pick. If a ticket is refunded or the buyer files a chargeback, the Seller's share of that ticket may be reversed or offset, including after it has been paid.

7. Payments

Payments are processed by third parties.

First Pick provides the platform and acts as the marketplace facilitator for payment collection. The underlying estate sale and admission are provided by the Host.

8. Subscriptions (First Pick Advantage)

Subscriptions auto-renew and are non-refundable except where required by law.

Features may be in development, limited, or not fully functional.

No guarantee of results or performance.

9. Featured Listings

Paid listings provide visibility only.

No guarantee of clicks, traffic, engagement, or sales.

10. User Content

Users are solely responsible for content and must have permission to use listed addresses.

By posting content (including photos, listing text, and profile information), you grant First Pick a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute that content on the Platform and in Platform marketing for as long as it remains on the Platform, and you represent that you own or have the rights to it. You keep ownership of your content.

First Pick does not verify content and is not liable for misuse.

First Pick is not liable for failure to remove content, even after notice.

10A. Copyright & DMCA Notices

First Pick respects the intellectual property of others. If you believe content on the Platform infringes your copyright, send a notice to help@getfirstpick.com, Attention: Copyright Agent, First Pick Holdings LLC, including: (1) identification of the copyrighted work, (2) the URL or location of the content on the Platform, (3) your contact information, (4) a statement that you have a good-faith belief the use is not authorized, (5) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner, and (6) your physical or electronic signature.

We will remove or disable access to content identified in a valid notice, notify the user who posted it, and terminate the accounts of repeat infringers. A user who believes content was removed by mistake may send a counter-notice to the same address with the information required by 17 U.S.C. § 512(g).

11. Prohibited Use

No illegal, harmful, abusive, or deceptive use.

12. Firearms, Weapons & Regulated Items

First Pick is a listing and discovery platform for estate sales and does not engage in, facilitate, broker, or participate in the sale, purchase, or transfer of firearms, ammunition, or regulated weapons.

Any reference to such items on the Platform is for informational and discovery purposes only. First Pick does not verify listings, process transactions, or screen buyers or sellers for eligibility related to regulated items.

Users are solely responsible for complying with all applicable federal, state, and local laws governing the sale, purchase, transfer, and possession of firearms and regulated items — including but not limited to background check requirements, dealer licensing, age restrictions, and prohibited-person restrictions.

First Pick is not a party to any firearm or regulated item transaction and provides no tools intended to facilitate such sales. All in-person transactions must be conducted in full accordance with applicable law.

Users are prohibited from using the Platform to coordinate or conduct unlawful transactions involving firearms, weapons, or any other regulated items. First Pick reserves the right to remove any listing at its sole discretion, without notice or liability.

To the fullest extent permitted by law, users agree to indemnify, defend, and hold harmless First Pick Holdings LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or related to any firearm-related listing, transaction, buyer interaction, or legal violation.

13. Limitation of Liability

To the fullest extent permitted by law, First Pick is not liable for:

Nothing excludes liability that cannot be excluded by law.

Liability is capped at the greater of $100 USD or fees paid.

• Injury, death, or illness
• Property damage or loss
• Event conditions
• Seller actions
• Platform issues

14. No Duty of Care

First Pick does not assume any duty of care.

15. Third-Party Services

First Pick is not responsible for third-party services (payments, maps, ads).

16. Account Security

Users are responsible for safeguarding credentials.

17. Termination

First Pick may suspend or terminate access at any time.

18. Dispute Resolution

Arbitration applies where permitted. Class actions waived where allowed.

19. Governing Law

Idaho law applies.

20. Time Limitation

Claims must be brought within one year where permitted.

21. International Users

Nothing limits consumer rights under applicable law.

22. Privacy

Use of the Platform is subject to the Privacy Policy.

23. Contact

help@getfirstpick.com