Alloy Market, Inc.
Terms & Conditions (“Terms”)
Welcome to Alloy! Please read these Terms carefully. By using the Service (defined below),
signing up for an Account, and/or accessing the Site via our website or via the Apple App Store
or Google Play Store, you are agreeing to these Terms, which will result in a legal Agreement
between you and Alloy Market, Inc. (collectively, “Alloy,” “we,” “company,” Our,” or “us”).
These terms can change at any time without notice and at our sole discretion. The latest version
of these Terms will be posted on the Site and you should review these Terms prior to transacting
with Alloy or using any Services that are available through the Site. You should also carefully
review our Privacy Policy prior to transacting with Alloy or using any Services that are available
through the Site.
1. Definitions
2. Account
3. Transactions & Sales
4. Reliance on Information Posted
5. Payout Methods
6. Non-Precious Metal Goods Policy
7. Attestation & ID Verification
8. Price Match Guarantee
9. Site Security
10. Trademarks & Intellectual Property
11. Prohibited Uses
12. Law Enforcement Cooperation
13. Changes to Site
14. Disclaimer of Warranties
15. Indemnification
16. Governing Law, Jurisdiction, & Statutes of Limitation
17. Severability
18. Force Majeure
19. Communication & Contact
20. Limited Liability
1. Definitions
The following definitions apply to both the singular and plural use of the term.
● Terms mean the Terms & Conditions set forth herein.
● Account means a unique Account created by and for you or an Account to which you
have access that you use to access our Site, Application, Service, or parts of our
Service.
● Affiliate means parent companies or organizations, subsidiaries, affiliated companies,
agents, members, managers, employees, or officers of Alloy regardless of the amount of
company ownership.
● Agreement means your acceptance of these Terms when you sign up for an Account
and/or when you acknowledge your acceptance of these Terms when you transact on or
with Alloy.
● Assay means the process used to assess the purity of your metals and includes the use
of an X-ray Fluorescence (XRF) analyzer and/or an acid Assay to accurately test the
purity and/or Karat of your metal.
● Bonus Offers mean any increase to your Initial Estimate and/or Final Offer for Payout,
whether activated via promotional code by you or automatically added by us on your
behalf as an incentive for completing your transaction and selling your Goods to us; also
refers to any third party incentives offered in conjunction with your Initial Estimate and/or
Final Offer included as part of the Payout for your sale of your Goods to us.
● Company (referred to as either “the Company”, “We”, “Us”, “Our”, “Alloy”) refers to Alloy
Market, Inc.
● Device means an electronic device including but not limited to a cellular phone, tablet, or
computer that you use to access our Site and all or part of our Services.
● You (referred to as either “You”, “Yours”, “User”, “Customer”, “User”, or “Consumer”)
means a natural person who is a US resident aged 18 or greater at the time of accessing
and using all or part of our Services.
● Final Offer means the binding and non-negotiable offer you receive via your Account or
email after your Goods have been received and appraised by us that you must accept or
reject in order to receive your Payout or have your Goods returned to you; the value of
your Initial Estimate has no bearing on the value of your Final Offer.
● Good(s) means any object, whether the object actually contains Precious Metal or not or
has value or not as determined by Alloy, that you send to us for the purposes of
appraisal and Payout.
● Initial Estimate means the non-binding estimate you receive upon inputting the specific
details of your Good(s) into the Site but prior to the shipment and subsequent receipt of
your Goods; the value of your Initial Estimate has no bearing on the value of your Final
Offer.
● Parcel means the package in which you ship your Goods to us.
● Payout means the payment you receive, regardless of payment method, as
compensation for selling your Goods to us through our Site.
● Personal Data means any and all information you knowingly or unknowingly provide to
us via our Services or through the use of our Services that may be used to identify you
and your Account and may or may not include what is generally considered to be
personally identifiable information (“PII”).
● Precious Metal means gold, silver, platinum, and palladium.
● Service refers to any engagement with or otherwise utilization of any or all of the
features of our Site including but not limited to Account creation, initiation and/or
completed transactions, product purchases, and communicating with customer support
or another Alloy team through any channel.
● Site means the Alloy Market, Inc. website or application downloaded on any of your
devices from the Apple App Store or the Google Play Store for the purposes of utilizing
the Services and/or transacting on and with Alloy
2. Account
A. Eligibility
In order to use our Services, you must:
● be at least eighteen (18) years old;
● complete the Account registration process and identity verification requirements;
● agree to these Terms and any other terms and conditions or policies linked in these
Terms that form any part of the Agreement;
● provide true, complete, and up-to-date contact, billing, Payout, and payment information;
● reside in the United States or any of its territories or possessions;
● and not be listed on any U.S. government list of prohibited or restricted persons.
By using our Services, accepting any offer from us to purchase your Goods, or clicking to accept
or agree to the Terms when this option is made available to you, you represent and warrant that
you meet all the requirements listed above, you will not use our Services in a way that violates
any law or regulation, and you accept and agree to be bound and abide by these Terms and
Agreement. If you do not wish to agree to these Terms, you must not access our Site or use our
Services. Note that by representing and warranting that you meet the requirements listed above,
you are making a legally enforceable promise.
We reserve full and complete authority and the right to suspend, revoke, and/or close your
Account at any time for any reason, including your use of this Site for any prohibited use,
without notice to you.
B. Term
When you sign up for an Account and agree to these Terms, the Agreement between you and
Alloy is formed, and the term of the Agreement (the “Agreement Term”) will begin. The
Agreement Term will continue for as long as you have an Account or until you or we terminate
your Account and the Agreement in accordance with these Terms, whichever happens first. If
you sign up for an Account on behalf of another individual, you represent and warrant that you
have the authority to accept these Terms and enter into the Agreement on her/his behalf.
C. Closing Your Account
You or Alloy may terminate the Agreement at any time and for any reason. You may do so by
terminating your Account or we may do so by giving notice to you that we are terminating the
Agreement and/or closing your Account. We may suspend access to our Services to you at any
time, with or without cause or notice. We will not refund or reimburse you in any situation if your
Account is closed. If your Account is inactive for 24 or more months, we may terminate your
Account. Once your Account is terminated, you acknowledge and agree that we may
permanently delete your Account and all the data associated with it, except where prohibited by
law. Usernames and/or certain aspects of login information are unique and can only be used
once. If your Account has been terminated, the username and/or login information will no longer
be available for use on any future Accounts and cannot be reclaimed.
D. Changes
We may change any of the provisions or the content of these Terms by posting revised Terms
on our Site. Unless you terminate your Account, the new Terms will be effective immediately
upon posting on the effective date indicated in the new Terms, as applicable, and apply to any
continued or new use of our Services. We may change the Service, add-ons, or any features of
our Services at any time, and we may discontinue the Service, add-ons, or any features of our
Services at any time without notice to you.
E. Account and Password
You are responsible for keeping your Account name and password confidential. You are also
responsible for any Account that you have access to and any activity occurring in such Account
(other than activity that we are directly responsible for that is not performed in accordance with
your instructions), whether or not you authorized that activity. You will immediately notify us of
any unauthorized access or use of your Accounts. We are not responsible for any losses due to
stolen or hacked passwords. We do not have access to your current password, and for security
reasons, we may only provide you with instructions on how to reset your password. We have the
right to update any of your contact information in your Account for billing purposes. In addition,
you represent and warrant that all information you provide to us when you establish an Account,
and when you access and use our Services, is and will remain complete and accurate. We may
contact you, or any seat, authorized user, or login added to your Account, based on the
information provided in your Account.
F. Account Disputes
You agree not to request access to or information about any Account that is not yours, and you
further agree to resolve any Account-related disputes directly with the other party. In the event of
a dispute, we have the sole authority to decide who owns an Account based on a number of
factors, including the content in that Account, and the contact and profile information listed for
that Account. In cases where differing contact and profile information is present or we are
unable to reasonably determine ownership, we will require you to resolve the matter through
proper channels outside of Alloy and we will not be held liable in any way for any costs
associated with reconciling or solving the dispute.
When a dispute is identified, we may suspend any Alloy Account associated with the dispute,
including disabling login, to protect the security and privacy of the data held within the Alloy
account until the dispute is properly resolved.
3. Transactions & Sales
A. Initial Estimate
In order to receive an Initial Estimate for your Goods through our Site and use of our Services,
you must submit required data and information related to your Goods. We will return a
non-binding estimate based solely on the information you provide us. The estimate is in no way
a binding agreement or an offer between us and you. The Initial Estimate is for informational
purposes only. Your Final Offer will be determined upon receipt and appraisal of your Good(s).
We always recommend shipping your Goods as quickly as possible upon receipt of your Initial
Estimate as we do not control the spot price of Precious Metals and will not be held responsible
for any variation in spot price between the time you receive your Initial Estimate and when we
receive your Goods for inspection in order to issue you a Final Offer. We are in no way bound to
adhere to the spot price of Precious Metals on the day on which you received your Initial
Estimate and instead will use the Spot Price on the day on which we receive your item to issue
your Final Offer.
B. Shipping & Insurance
All shipments of your Goods to us will be processed using the United States Postal Service
(USPS) at no cost to you and includes one free complimentary small flat rate USPS shipping
box.
With your approval granted by clicking through the transaction flow via the Site, a USPS
shipping label will be distributed to you via your Account or email free of charge. We will only be
responsible for shipping costs if you use the specific USPS label you receive from Alloy after
you receive your Initial Estimate.
It is your responsibility to obtain and package your Goods appropriately for shipment. It is your
responsibility to securely package your Goods, obtain a printed receipt with a tracking number
to prove your Parcel was received and scanned by USPS as applicable, and take pictures of the
Good(s) prior to shipping. Alloy will not be held liable for any loss, theft, or damage of your
Goods due to improper packaging by you.
Your shipment of Goods through USPS using the label we provide automatically includes (up to)
$5,000 USD of USPS shipping insurance. If you would like to purchase additional insurance for
your Goods in an amount greater than $5,000 USD, please contact us through our customer
support team and our team can assist you in adding additional insurance.
Prior to accepting your Final Offer, you may request the return of your Goods at any time and for
any reason via the Site. Alloy will provide complimentary return shipping of your Goods
including insurance costs, subject to change at any time with or without notice to you. All return
shipments will be processed through USPS and include insurance not to exceed the melt value
of the Goods contained within. You will be provided a tracking number for the return of your
Goods once the Parcel is in the custody of USPS.
You may only process insurance claims against any Good lost, stolen, or damaged during the
return process after Goods have been shipped and released from our custody and are in the
custody of USPS.
Once the Parcel is in the custody of USPS, you and USPS bear the risk of loss of your Goods
during shipment. We shall have no responsibility or liability for Goods that are damaged, lost, or
stolen during shipment whether the shipment originates from you to us or from us to you. We
are not responsible if USPS ultimately does not pay insurance on your Parcel claim whether
shipped from you to us or from us to you.
If a Parcel shipped to us using a USPS label we provided is damaged, lost, or stolen in transit,
and you would like to file an insurance claim, you must work directly with USPS to file the claim.
C. Receipt & Inspection of Goods
Upon receipt of the Parcel containing your Goods, we will acknowledge receipt of the Parcel
which will be reflected in your Account.
We will weigh your Goods on an inspected and licensed scale and record the weight in troy
ounces to determine the overall weight of your Goods. The weight of your Goods will be
recorded as part of your transaction.
Any non-Precious Metal material included with your Goods (e.g. precious stones or gems,
straps, accessories, etc.) will be removed by us and are not included in the weight of your
Goods. You acknowledge that Alloy is not liable for any damage (including scraping, breaking,
or altering in any way) that occurs while removing stones or other non-metallic items from your
Good(s).
Assay
All Goods will be tested using either or both an X-ray Fluorescence (XRF) analyzer or an acid
Assay test. An XRF analyzer is a widely used, proven, and accepted method of chemistry
analysis and determination of purity and fineness of Precious Metals. XRF analysis is a
multi-elemental testing option that quickly provides analysis of the grade and purity of the
metals.
An acid Assay test may also be used independently or in conjunction with other purity tests as
appropriate to determine the karat or purity of the metal. During the acid Assay, it is often
necessary to scratch or scrape Goods in order to remove the top layer of material so the testing
apparatus can accurately determine the true purity or karat of the Good being assayed. In the
event your Goods are scratched, scraped, broken, altered, or damaged in any way during the
Assay process, we are not responsible or liable. You acknowledge understanding of the Assay
process prior to receiving your shipping label and shipping your Goods to us.
By accepting these Terms, you hereby agree to accept and assume all risks that your Goods
may be damaged by us or our affiliates, employees, or agents during the inspection and offer
process. To the fullest extent provided by the law, and in no event aside from our willful neglect
or gross misconduct, shall we be liable to you for damages of any kind, under any legal theory,
to your Goods arising out of or in connection with the inspection, Assay, and/or Final Offer
process.
Any Parcels you send us that we receive which contain no-value Goods, Goods not as
described, poorly packaged or tampered packaging, empty Parcels, or Parcels and/or Goods
that we suspect for any reason whatsoever and at our sole discretion are of a fraudulent or
suspicious nature intended to defraud or harm the Company or its Affiliates in any way, will not
be processed and as such the transaction and your use of our Services will be discontinued.
You will be notified in your Account and will have the option to submit payment for return of your
Goods but you will no longer be permitted to transact through the Application and your Account
will be closed indefinitely without recourse or refund for any Products or Services previously
purchased except as required by law.
D. Final Offer
Final Offers are based solely on the value of the metal(s) contained within the Good as
determined by the Precious Metal spot price on the day on which we inspect and appraise your
Good. We do not consider brand names, categories, or any other subjective assessment when
inspecting any Good or making an offer for your Goods.
The Initial Estimate you receive prior to you shipping us your Goods and us receiving and
inspecting them is an estimate based purely on the information provided by you and therefore
can vary significantly to the Final Offer offered by us to you based on our inspection and
appraisal with no limitations in variance.
The Final Offer for your Goods will be determined using a comprehensive and accurate Assay
and inspection process. As outlined above, we will provide you with a Final Offer after Goods
are received and appraised. The Final Offer for your Goods will be determined by converting
troy ounces into grams and multiplying that figure by (1) the purity of the Goods in Karats or
another measure of purity and (2) the spot price of the metal at the time the Good is being
inspected minus transaction fees subject to change at any time. For example:
Good weight is 0.5 troy ounces = 15.6 grams
Good is 14 karat gold = ~58% gold
Daily spot price of gold is $1,500 USD per troy ounce = $48.23 USD per one gram
The calculation is: (15.6 grams x $48.23 per gram) * .58 = $436.38 – variable transaction costs
Goods will be inspected and a Final Offer submitted to you via email, your Account, push
notification, and/or text message. Final Offers are non-negotiable and our customer support
agents are unable to modify Final Offers in any way.
You have 48 hours from the time you receive your Final Offer to reject or accept the Final Offer
through your Account. Verbal rejection or acceptance via customer service will not be accepted.
If you do not accept or reject your Final Offer within 48 hours, that is considered acceptance of
your Final Offer and Payout will be distributed via your desired Payout method as indicated in
your Account.
You have until the time you accept your Final Offer and initiate Payout to request the return of
your Goods as outlined above. If we do not receive a request for a return either prior to or as
part of responding to your Final Offer, the sale of your Goods is considered final once the
Payout is initiated. Your Goods are no longer returnable for any reason. No refund request can
be honored after you accept your Final Offer or after 48 hours of receiving your Final Offer with
no response.
E. Bonus Offers
Bonus Offers are offered by us to you in order to incentivize you to transact or complete a
transaction on or with Alloy and most often refer to a variable percentage figure that increases
your Initial Estimate and/or your Final Offer.
When offered and accepted as part of a transaction or sale of your Goods to us, Bonus Offers
(e.g., +5% on your Payout) whether activated through the addition of a promotional code by you
or automatically by us on your behalf cannot exceed the total melt value of the metal as
determined by the weight and spot price of that metal on the day the Goods are received and
inspected by us. Bonus offers are not applicable to bullion or coins and are not combinable with
any other offer. Bonus offers are given at our sole discretion and can be revoked at any time for
any reason and without notice to you.
Bonus Offers may sometimes be offered in conjunction with our Initial Estimate and Final Offer
via a third party in order to incentivize you to transact or complete a transaction on or with Alloy.
Third party bonus offers are subject to change at any time without notice to you and most often
refer to a gift card or discount code redeemable with the third party offering the Bonus Offer in
the future upon completion of your transaction (defined as acceptance of your Final Offer) .
When offered and accepted as part of a transaction, Bonus offers are not combinable with any
other offer including other Bonus Offers. Accelerators are at our sole discretion and can be
revoked at any time without notice to you.
Third party Bonus offers are issued by third parties and therefore Alloy will not be held
responsible for any claims or warranties made by the third party relative to the Bonus Offer or
related to us or our members, managers, officers, Affiliates, employees, or otherwise. For
specific terms and conditions related to the Bonus Offer, please refer to the third party’s website.
Bonus Offers are ineligible for retroactive redemption and must be applied prior to moving from
your Initial Estimate to requesting your shipping label and shipping your Good(s) to us without
exception.
4. Reliance on Information Posted
We are not responsible for the contents or warranties of any third-party information or offer
included, posted, or linked on our site whether or not related to your specific transaction or for
marketing purposes.
We rely on third-party information for the spot pricing used on our Site and as part of your Final
Offer calculation. We do not influence the spot price of Precious Metals in any way and
therefore cannot be held liable in any way for errors due to third-party reporting or variations in
spot price between your Initial Estimate and Final Offer and Payout.
The spot price of gold, silver, platinum and palladium is the cost of a single (troy) ounce of gold
at any given moment in time. Buyers and sellers all over the world use the spot price to
determine the price of various metals. Alloy does not influence the spot price in any way and
relies on reputable third party sources for this information.
5. Payout Methods
You will be given a choice of Payout methods at either or both the time you create your Account
and may again be prompted to verify your desired Payout choice as you receive your Initial
Estimate and request a shipping label.
You may elect or add a Payout method from a set of Payout options which are subject to
change at any time.
You must provide accurate and complete details for your chosen Payout method in order to
receive your Payout in a timely manner. We cannot be held responsible for Payout errors made
as a result of incorrect information you provide. If incorrect information is provided and a Payout
is made to a different party that is not you due to an error on your behalf in submitting Payout
information, we will not be able to reverse the Payout and therefore will not be able to
compensate you for your Goods.
The timing of receipt of your Payout receipt may vary significantly between Payout methods. We
will not be held responsible for delays in Payout for any reason, whether the delay is due to our
error or a third party error.
If your chosen Payout method becomes unavailable between the time you accept your Final
Offer and our attempt to process your Payout, we will contact you so you can select an
alternative available Payout method.
6. Non-Precious Metal Goods Policy
If your Good(s) have non-metallic features or elements including but not limited to the following:
precious stones, gemstones, straps, accessories, no-value metal or any other materials, those
features WILL NOT be included as part of the weight of your item but WILL be included in your
Final Offer. Alloy issues offers for the full value of the piece.
You acknowledge and confirm you understand that WE WILL REMOVE THE NON-METALLIC
FEATURES OF YOUR GOOD(S) in order to weigh your Good(s) accurately. Any non-Precious
Metal material included with your Good(s) is not included in the weight of your Goods for Payout
purposes. You acknowledge Alloy is not liable for any damage (including scraping, breaking, or
altering in any way) that occurs while removing stones or other non-metallic items from your
Good(s).
PRECIOUS STONES WILL BE RETURNED TO YOU UPON REQUEST BUT THE REQUEST
MUST BE MADE PRIOR TO ACCEPTING THE FINAL OFFER OR YOU WILL NOT BE
ELIGIBLE OR ABLE TO HAVE YOUR GOOD(S) RETURNED TO YOU. NO OTHER
ACCESSORIES OR NO-VALUE METAL (AS DETERMINED BY ALLOY) WILL BE RETURNED
TO YOU. BY USING ANY OF OUR SERVICES VIA OUR SITE, YOU ACKNOWLEDGE AND
ACCEPT ALLOY’S NON-PRECIOUS METAL GOODS POLICY.
7. Attestation & ID Verification
Upon receiving your Initial Estimate and prior to shipping your Goods to us, you attest that you
are the true and sole owner of the Goods and have full discretion and authority to sell the Goods
to us, as indicated by your acknowledgement that you have read and understood the Terms and
attest to the ownership of the Goods prior to shipping your Goods to us. We rely on this
attestation and cannot be held responsible in the event there are competing claims on Goods.
You agree to indemnify us against such competing claims as outlined in this Agreement. We will
not be held responsible for any and all claims against Goods deemed “stolen” after Goods are
received and your Final Offer is accepted or rejected.
Prior to issuing your Payout, we are required by Federal and State law to verify your identity
using a valid and non-expired government issued photo identification, including a drivers
license, passport, or state ID. You must complete the ID verification process as prompted via the
Site in order to proceed with the sale of your Goods. Alloy does not retain nor can we access
the information collected during the identity verification process. For more information, please
see the privacy policy of our third-party identity verification partner.
8. Price Match Guarantee
Upon receipt of your Final Offer from us, if you have received a prior written Final Offer (i.e., not
a quote or estimate but a final and explicit offer) for your Goods within the previous 48 hours
from any of our competitors, we will, at your option, either (i) match their offer (not to exceed
95% of the current day’s spot price for Precious Metals), or (ii) send your Goods back to you as
outlined in the return policy.
In order to qualify for the Price Match Guarantee, you must provide us with a verified copy of
such written offer via our customer service before you accept your Final Offer. Price Match
Guarantee does not apply to coins, bars or bullion, or to Precious Metals with a purity of 90%+.
9. Site Security
We have implemented measures designed to secure your Personal Data from accidental loss
and from unauthorized access, use, alteration, and disclosure. All information you provide to us
is stored on our secure servers behind firewalls. A third-party payments processor, Stripe, stores
all payments information.
The safety and security of your information also depends on you. You are responsible for
keeping your Account information and password confidential. You are also responsible for any
Account that you have access to and any activity occurring in such Account, whether or not you
authorized that activity. You agree to notify us immediately of any unauthorized access or use of
your Account(s). We are not responsible for any losses due to stolen or hacked passwords. We
do not have access to your current password, and for security reasons, we may only provide
you with instructions on how to reset your password. We have the right to update any of your
contact information in your Account for billing and Payout purposes.
In addition, you represent and warrant that all information you provide to us when you establish
an Account, and when you access and use our Services, is and will remain complete and
accurate. We may contact you, or any seat, authorized user, or login added to your Account,
based on the information provided in your Account.
You acknowledge that the transmission of information via the internet is not completely secure.
We do not guarantee the security of your Personal Data transmitted to us through the use of our
Services. Any transmission of Personal Data is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures contained within our Site.
For more information, please visit our privacy policy.
10. Trademarks & Intellectual Property
We reserve all intellectual property rights with respect to our Site its 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) and with respect to our Services
we provide. These Terms permit you to use the Site for your own personal and 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 Site.
We own all trademarks used on the and in connection with the Services we provide (except for
third party assets), including our company name, the names of our Services, any and all graphic
designs, and slogans. You may not copy, use, or distribute any of our trademarks or intellectual
property without our express prior written consent.
11. Prohibited Uses
You may not use the Site or any or all of our Services for any of the following “prohibited uses”:
● In any way that violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding money laundering or funding
terrorism or other illegal activities).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for Personal Data or personally
identifiable information, or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material, including
any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To impersonate or attempt to impersonate us, any of our employees, another user, or
any other person or entity (including, without limitation, by using email addresses
associated with any of the foregoing).
● To receive Initial Estimates or Final Offers from us simply to assess the estimates or
offers with no intent of selling your Goods to us (as determined by Alloy).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the
site, or which, as determined by us, may harm us or users of the site, or expose us or
them to liability.
● To engage in any conduct or activity that violates our Anti-Money Laundering Policy
We are not responsible for any use of our Site or our Services for any prohibited use. If you
engage in a prohibited use, we will immediately terminate your Account, and depending on the
nature of the prohibited use, refer your Account to law enforcement.
12. Law Enforcement Cooperation
We are legally obligated to and will comply with all local, state, and federal investigations into
prohibited uses of our Services, including providing information (including Personally Identifiable
Information or Personal Data) to authorities upon their valid request.
13. Changes to Site
Our Site will be continually updated and can be updated at any time without notice to you. We
encourage you to review our Site, these Terms, and the Privacy Policy before you create an
Account, submit any data or information, or ship any Goods to us.
14. Disclaimer of Warranties
ALL SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES AVAILABLE ON THIS SITE
WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF OUR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE
QUALITY OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT
LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
SERVICES THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL WE OR OUR
PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, MANAGERS,
EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY
OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF
PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION,
EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF,
ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR
PERFORMANCE OF THE PRODUCTS/SERVICES AVAILABLE THROUGH THIS SITE AND
APPLICATION. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED
TO MODIFY THIS LIMITATION.
15. Indemnification
You agree to indemnify us and our members, managers, employees, agents, and officers
(collectively, “Indemnified Parties”) and defend and hold the Indemnified Parties harmless from
and against any and all claims, liabilities, damages, judgments, awards, losses, costs,
expenses, and fees (including reasonable attorneys’ fees and costs) arising out of or relating to
your violation of these Terms or your use of this Site, including, without limitation, your
attestation of ownership of the Goods submitted by you to us and your use of the Site or our
Services for any prohibited use.
16. Governing Law, Jurisdiction, & Statutes of
Limitation
This site is controlled by us from our offices within the Commonwealth of Pennsylvania, United
States of America. It can be accessed from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ from those of Pennsylvania, by
accessing this site and/or Application both you and we agree that the statutes and laws of the
Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof, will
apply to all matters relating to the use of this site and/or Application and the available Services.
Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the
Court of Common Pleas of Bucks County, Pennsylvania and the United States District Court for
the Eastern District of Pennsylvania with respect to such matters. Any cause of action brought
by you against us or our Affiliates must be instituted within one year after the cause of action
arises or it shall be deemed forever waived and barred.
17. Severability
If any provision included in these Terms is illegal or deemed unenforceable, the invalidity of that
provision will not affect any of the remaining provisions and these Terms will be construed as if
the illegal or unenforceable provision is not contained within these Terms.
18. Force Majeure
Notwithstanding any provision in these Terms to the contrary, we are not liable for any act,
omission, result, or consequence (including any delay in performance or change in value of any
Good) to the extent it is caused by or results from a Force Majeure. A “Force Majeure” means a
cause or event that is not reasonably foreseeable by us or otherwise caused by us or under our
control, including, without limitation, an act of God, pandemic, epidemic or health emergency or
government orders in response to any of the foregoing (including, without limitation, shut-downs,
shelter in place, and quarantine orders), flood, explosion, fire, smoke, water, riot, war, hurricane
or other extreme weather, environmental contamination, condemnation, sabotage, terrorism,
vandalism, accident, restraint of government, governmental act, injunction, labor strike or labor
unrest (regardless of whether a party is capable of settling such labor problem), supply chain
shortages, and/or other like event that is beyond the reasonable anticipation and control of the
party affected thereby, whether similar or dissimilar to those listed above, and despite such
party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such act, event, or
occurrence.
19. Communication & Contact
You may not opt out of receiving emails, push notifications, or texts regarding transactions or
sales (“Transactional Messages”) processed through or in connection with the Site. You may opt
out of receiving marketing communications, including push notifications, text messages, and
emails.
20. Limited Liability
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE
PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER,
SHALL BE LIMITED TO THE LESSER OF (i) $5,000 USD PER TRANSACTION; OR (ii)
ONE-THIRD (1/3) OF THE APPLICABLE FINAL OFFER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT
APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR
USE OF OUR SERVICES OR TRANSACTING ON OUR SITE.