PalletTrader | Terms of Use

Website Terms of Use

Last Modified: August 02, 2022

1. Introduction and Acceptance of the Terms of Use

These terms of use are entered into by and between you and Delancey Street Pallet Traders LLC d/b/a PalletTrader (“PalletTrader,” “we,” or “us”). The following terms and conditions, together with any policies and documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.pallettrader.com, including any content, functionality, and services offered on or through www.pallettrader.com (the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using or accessing the Website or using our services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at Privacy Policy. page, and all other policies and documents incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy and the other policies and documents incorporated herein by reference, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with PalletTrader and meet all of the foregoing eligibility requirements. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such entity and bind the entity to these Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.

Please be advised that these Terms of Use contain provisions that govern how claims you and we have against each other are resolved.

2. About Delancey Street Pallet Traders. Delancey Street Pallet Traders is a neutral marketplace allowing you and other users to offer, sell and buy pallets and other products in a variety of pricing formats and locations throughout the United States (each, individually, a “Transaction” and, collectively, “Transactions”). Please be advised that each Transaction is directly between you and the other user. PALLETTRADER IS NOT A PARTY TO THE TRANSACTION AND IS NOT A SELLER OR A TRADITIONAL AUCTIONEER.

Any information or guidance that we provide as part of our services to you (such as pricing, listing, specifications and sourcing) is solely informational and it is solely up to you if you choose to follow such information. While PalletTrader may help facilitate Transactions and the resolution of disputes, PalletTrader has no control over and does not guarantee the existence, quality, safety or legality of the pallets or other products advertised; the truth or accuracy of yours or any other users’ content or listings; the ability of the seller or buyer to consummate a Transaction; or the legal aspects of any Transaction. It is your sole responsibility, as a user of the Website and our services, to check the credentials of your counterparty and the existence, quality and safety of the pallets or other products involved in each Transaction.

3. Changes to the Terms of Use; Amendments

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

4. Accessing the Website; Hardware and Software Requirements; and Account Security

We reserve the right to withdraw this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website and
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them and shall be responsible for any breach of these Terms of Use by such person as if such person was a party hereto.

In addition, you are responsible for purchasing, operating, and maintaining all equipment necessary to use the Website including, without limitation, all wireless and internet services necessary to access the Website and for charges arising out of or related to those services. In addition, we may impose additional hardware and software requirements and mandatory equipment maintenance procedures from time to time by notifying you, and, you agree to abide by such requirements and procedures at your expense. We reserve the right to add to, change or delete the hardware, software and other service requirements from time to time by providing notice to you in accordance with these Terms of Use.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You will not allow non-registered people or entities access to our services and will never provide your password to any non-registered people or entities nor will you share any information from the Website with any non-authorized users. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PalletTrader, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide Social Media Features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website including, without limitation, competing with PalletTrader with respect to the services offered on or through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us at: support@pallettrader.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PalletTrader. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Trademarks

The PalletTrader name, the PalletTrader trademarks, the PalletTrader logo, and all related names, logos, product and service names, graphics, designs, and slogans are trademarks of PalletTrader or its affiliates or licensors (collectively, the “Marks”). You must not use, copy, reproduce, republish, or modify such Marks without the prior written consent of PalletTrader. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Software

The following terms apply to any and all software (including updates and upgrades to such software and any related documentation) we make available to you in connection with the Website (the “PalletTrader Software”): You may use the PalletTrader Software solely for purposes of enabling you to use the Website as provided by PalletTrader and as permitted by these Terms of Use and by the Terms and Conditions for Buyers and Sellers (the “Terms and Conditions”). You may not incorporate any portion of the PalletTrader Software into other programs or compile any portion of the PalletTrader Software in combination with other programs or otherwise copy, modify, create derivative works of, or distribute the PalletTrader Software in whole or part. The PalletTrader Software is the property of PalletTrader or PalletTrader’s software supplier and is protected by United States and international copyright laws. You may not reverse engineer, decompile, disassemble, tamper with, or bypass any security associated with the PalletTrader Software, in whole or in part.

8. Prohibited Uses

As previously stated, you may use the Website only for lawful purposes and in accordance with these Terms of Use. In addition to the other restrictions contained in these Terms of Use, you agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries, any laws concerning import and export of goods, the Foreign Corrupt Practices Act and other laws prohibiting bribery, discrimination, forced or involuntary labor and equal opportunity in employment).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the section titled “Content Standards” set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate PalletTrader, a PalletTrader employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm PalletTrader or users of the Website, or expose them to liability.
In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
To manipulate the price of any pallet or interfere with any other user’s listings.
To take any action that may undermine the feedback or ratings systems.
To engage in any action with another user on the Website designed to complete or facilitate a Transaction outside of the Website including, without limitation, referring to or promoting external websites that facilitate sales outside of the Website.
To engage in the trading of rental pallets.
To harvest or otherwise collect information about other users without their consent.
In addition, you agree that you will not:
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

9. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in any User Contribution against us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns in connection with our provision, expansion and promotion of the Website.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PalletTrader, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable in any way to any third party for, and we do not guarantee to any third party, the content, accuracy, integrity or quality of, any User Contributions posted by you or any other user of the Website. We cannot assure that harmful, inaccurate, misleading, deceptive, offensive, threatening, unlawful or otherwise objectionable User Contributions will not appear on the Website.

10. Monitoring and Enforcement; Termination

Notwithstanding anything to the contrary in these Terms of Use, we have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion including, without limitation, if we believe that such User Contribution violates the Terms of Use (including, without limitation, the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for PalletTrader.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights including, without limitation, their intellectual property rights or their right to privacy.
Take appropriate legal action for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason including, without limitation, any violation of these Terms of Use or if you are abusing PalletTrader and/or our services in any way. We may also terminate unconfirmed accounts or accounts that have been inactive for a substantial period of time.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PALLETTRADER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You acknowledge that we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. PalletTrader expressly disclaims any and all responsibility for the content, information, links and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on any site, forum or medium not owned by PalletTrader. PalletTrader does not control, endorse, promote or have any affiliation with any other website, individual, or entity unless expressly stated herein.

11. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy, .
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

12. Copyright Policy

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. Accordingly, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website including, without limitation, User Contributions, infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent (“Copyright Agent”) to receive DMCA Notices is: Charles Skop, Esq., Meyer Suozzi English & Klein, P.C., 990 Stewart Avenue, Suite 300, Garden City, New York 11530, Phone number: (516) 592-5921, email: cskop@msek.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including, without limitation, costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent listed above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement, under penalty of perjury, by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

13. Reliance on Information Posted

We try to offer reliable product data but cannot and do not promise that the information provided on or through the Website will always be available, accurate, complete and up-to-date. Instead, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents. You agree that PalletTrader is not responsible for examining or warranting the listings or content provided by third parties on or through the Website and that you will not attempt to hold us liable for any inaccuracies.

The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PalletTrader, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PalletTrader. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

14. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

15. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Privacy Policy

We respect your privacy and security and our goal is to provide you with a Website that delivers the information, resources and services that are relevant and helpful to you. In order to do so, we may collect information about you or that you may provide when you visit the Website. Our full Privacy Policy and our Payment Entity’s (as defined below) and our and their practices for collecting, using, maintaining, protecting and disclosing such information is set forth at Privacy Policy, and https://stripe.com/privacy

17. Managed Payments

A designated entity (the “Payment Entity ”) manages payments for all Transactions. The Payment Entity is currently Stripe, Inc. PalletTrader may change the Payment Entity from time to time. Regardless of whether or not PalletTrader or the Payment Entity manages a Transaction, each Transaction is directly concluded between the seller and the buyer, and PalletTrader is not a party to any Transaction.

In order to use such managed payments services, and to continue to engage in Transactions on the Website, you must, or you must authorize us to:

Provide the Payment Entity with information about you and/or your business to meet its compliance requirements including, those involving identity verification, anti-money laundering controls and sanctions screening as required by applicable law and its policies.
Satisfy the Payment Entity’s verification, screening and other compliance requirements as determined by the Payment Entity.
Provide bank account information for a United States-based checking account so that the Payment Entity can link such checking account to your account.

18. Holds and Restricted Funds

To protect us from risk of liability for your actions as a seller, we or the Payment Entity may restrict access to your funds as described in the Terms and Conditions for Buyers and Sellers found upon the login to the website under Operational T & C’s

19. Returns and Cancellations

All returns and cancellations of any order on the Website must be made in accordance with our Terms and Conditions for Buyers and Sellers found upon the login to the website under Operational T & C’s

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

20. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

20. Geographic Restrictions

The owner of the Website is based in the State of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

22. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PALLETTRADER NOR ANY PERSON ASSOCIATED WITH PALLETTRADER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PALLETTRADER NOR ANYONE ASSOCIATED WITH PALLETTRADER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, PALLETTRADER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PALLETTRADER, ITS SUBSIDIARIES AND AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL PALLETTRADER’S CUMULATIVE LIABILITY UNDER THESE TERMS OF USE EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO PALLETTRADER DURING THE PRECEDING SIX (6) MONTHS; OR, (B) ONE THOUSAND DOLLARS ($1,000.00).

24. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, contractors, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

25. Indemnification

You agree to defend, indemnify, and hold harmless PalletTrader, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website including, without limitation, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

26. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to principles of conflicts or choice of law that would defer to the substantive laws of any other jurisdiction.

Any suit, claim, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in Newark, New Jersey or the courts of the State of New Jersey, located in Middlesex County, New Jersey, although we retain the right to bring any suit, claim, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You and we each waive any right to a jury trial.

27. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND PALLETTRADER AGREE THAT YOU WILL NOT BRING CLAIMS AGAINST PALLETTRADER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

28. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

29. Waiver and Severability

No waiver by PalletTrader of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PalletTrader to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

In the event that any portion of these Terms of Use is held invalid or unenforceable for any reason, said invalidity or unenforceability shall not affect the other portions of these Terms of Use, and these Terms of Use shall be carried out as if such invalid or unenforceable provision, or part thereof, had been reformed, and any court of competent jurisdiction is authorized to so reform such invalid or unenforceable provision, or part thereof, so that it would be valid, legal and enforceable to the fullest extent permitted by applicable law.

30. Entire Agreement

The Terms of Use, our Privacy Policy, and the Terms and Conditions for Buyers and Sellers constitute the sole and entire agreement between you and PalletTrader regarding the Website and the services provided by PalletTrader and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the services provided by PalletTrader.

31. Your Comments and Concerns

The Website is operated by Delancey Street Pallet Traders LLC, 110 Sylvania Place, South Plainfield, NJ 07080.

All notices of copyright infringement claims should be sent to the Copyright Agent designated in these Terms of Use in the manner set forth herein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@pallettrader.com.