Terms of Service

CONSTRUCTIONYARDSALE.COM TERMS OF SERVICE

Last Updated: August 1, 2026

Please read these Terms of Service carefully before using our Service.

1. Interpretation and Definitions

1.1 Interpretation

Words whose initial letter is capitalized have meanings defined under the following conditions. These definitions apply equally in singular and plural forms.

1.2 Definitions

Account means a unique account created for You to access our Service or parts of our Service.

Basic User means a registered Seller on the free tier who lists Goods on the platform and pays a 10% transaction fee per successful sale (minimum $2, maximum $250). Basic Users may optionally complete Stripe identity verification for a one-time $2 fee.

Billing Period means the recurring interval for which a subscription is charged: one (1) month for monthly plans and twelve (12) months for annual plans.

Business User means a Seller with an active Business subscription ($149/month or $1,490/year) who has completed required Stripe identity verification, and pays a 5% transaction fee per successful sale.

Buyer means a registered user who places Orders for Goods on the Service. Buyers use the platform free of transaction fees.

Company / Operator (referred to as "the Company," "We," "Us," or "Our") refers to ConstructionYardSale Inc., a Delaware corporation doing business as ConstructionYardSale.com, with its principal place of business in Hartford County, Connecticut.

Content means text, images, or other information posted, uploaded, or otherwise made available by You through the Service.

Device means any device that can access the Service, such as a computer, mobile phone, or tablet.

Good(s) means used, surplus, leftover, excess, reclaimed, or open-pallet construction materials, tools, or equipment that remain after completion of a specific construction, renovation, or demolition project (or that have been previously installed, used, or removed from service). Goods do NOT include brand-new, factory-sealed, manufacturer-new, or primary commercial retail or warehouse inventory purchased or held for the purpose of resale as new merchandise.

Order means a request by a Buyer to purchase Goods from a Seller through the Service.

Payment Authorization means the hold placed on a Buyer's payment method at the time of purchase, under which funds are reserved by the Buyer's issuing bank but not transferred.

Payment Capture means the transfer of previously authorized funds, initiated when a valid Release Code is entered into the platform.

Pro User means a Seller with an active Pro subscription ($49/month or $490/year) who has completed required Stripe identity verification, and pays an 8% transaction fee per successful sale.

Release Code means the unique, platform-generated six-digit code provided to the Buyer at the time of purchase, which the Buyer presents to the Seller at pickup to confirm receipt and authorize Payment Capture.

Renewal Date means the first day of each new Billing Period, on which a subscription automatically renews and the subscriber's payment method is charged.

Seller means a registered user who lists Goods on the Service for sale.

Service refers to the ConstructionYardSale.com website, mobile applications, and any related services provided by the Company.

Stripe / Stripe Connect means the third-party payment processing platform used by the Company to authorize and capture payments, execute payouts to Sellers, calculate and collect applicable sales tax, and perform identity verification.

You means the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual is accessing or using the Service.

2. Contact Us

If you have any questions about these Terms of Service, you can contact us:

3. Acknowledgment

These Terms of Service govern the use of this Service and constitute the entire agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are at least 18 years of age. The Company does not permit use of the Service by those under 18.

Your use of the Service is also conditioned on Your acceptance of our Privacy Policy, which describes how we collect, use, and protect your personal information.

Electronic Communications. By creating an Account, You consent to receive communications from us electronically, including notices required by law, and You agree that electronic records and signatures satisfy any legal requirement that such communications be in writing.

4. Marketplace Platform and Allowed Items

ConstructionYardSale.com operates as a verified, peer-to-peer marketplace facilitating connections between buyers and sellers of construction materials. We do not own, control, inspect, store, or take physical possession of any Goods listed on the platform. Except as expressly stated in these Terms with respect to payment processing and sales tax collection, we are not a party to the underlying agreement for the sale of Goods between a Buyer and a Seller, nor are we an agent or insurer of any user.

This platform is strictly designed for the sale of used, surplus, leftover, excess, reclaimed, or open-pallet construction materials. Acceptable listing conditions include:

  • Leftover / Surplus (materials remaining after completion of a specific job or project)
  • Excellent
  • Good
  • Fair
  • Non-working / Out of Service

Prohibited New Inventory This platform is not a marketplace for merchandisers, retailers, wholesalers, distributors, or any person or entity selling brand-new, factory-sealed, manufacturer-new, or primary commercial retail/warehouse inventory. Listings that represent, or appear to represent, new commercial retail stock, current warehouse inventory, or items purchased for the purpose of resale as new merchandise are strictly prohibited and will be removed at our sole discretion. Sellers may not list items that are part of an ongoing retail or wholesale operation.

Genuine leftover or surplus materials from a completed job (including unused sheets, pieces, or packages that were ordered for a specific project and not installed) are permitted when accurately described as “Leftover / Surplus.” Bulk quantities of new or unused material that were not generated as job leftovers are NOT permitted.

We reserve the right to require additional information, photographs, or documentation from any Seller to confirm that listed Goods qualify as allowed surplus/leftover materials. Failure to provide such information, or any listing that we determine (in our sole discretion) constitutes prohibited new inventory, may result in immediate removal of the listing and suspension or termination of the Seller’s Account.

5. User Accounts

5.1 Account Creation

When You create an account, You must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms and may result in immediate termination of Your account.

5.2 Identity Verification

The Company uses Stripe to verify user identity as follows:

  • Basic Users: Stripe identity verification is optional and available for a one-time $2 fee. Unverified Basic Users may transact subject to platform limits.
  • Pro Users: Stripe identity verification is required before transacting at the Pro tier.
  • Business Users: Stripe identity verification is required before transacting at the Business tier.

Sellers who operate as a registered business entity (including corporations, limited liability companies, and partnerships) must additionally provide a valid Employer Identification Number (EIN) as part of verification. Sellers operating as sole proprietors may verify using their individual identity information.

Government-issued identification is required for all identity verification. The Company reserves the right to suspend or terminate accounts that fail to complete required verification steps.

5.3 Account Password

You are responsible for maintaining the confidentiality of your password and for all activities occurring under your account. You agree to notify us immediately of any unauthorized access or breach of security.

5.4 Account Termination

We may terminate or suspend Your account immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, Your right to use the Service ceases immediately. If You wish to terminate your account, contact us at help@constructionyardsale.com. Termination of Your Account does not cancel an active subscription; see Section 8.2(d) for cancellation instructions.

6. User Responsibilities and Communications

6.1 Seller Responsibilities

Sellers are responsible for accurately describing all listed Goods, including any defects, damage, dimensions, quantity, condition, and pickup location. ConstructionYardSale.com does not certify or guarantee the condition, quality, or safety of any materials or equipment listed on the platform.

By listing any Goods, the Seller represents and warrants that: (a) the Goods are used, surplus, leftover, excess, reclaimed, or open-pallet materials remaining after a specific completed project (or previously used/removed from service); (b) the Goods are not brand-new, factory-sealed, manufacturer-new, or primary commercial retail/warehouse inventory; and (c) the Seller is not listing the Goods as part of a retail, wholesale, or merchandising operation. False or misleading representations about the nature or origin of Goods constitute a material breach of these Terms and may result in immediate suspension or termination of the Seller’s Account, removal of listings, and forfeiture of any pending payouts related to non-compliant listings.

6.2 Buyer Responsibilities

Buyers are solely responsible for inspecting materials before finalizing any purchase and before presenting their Release Code. By presenting the Release Code to the Seller, the Buyer acknowledges satisfactory receipt of Goods. All items are sold "AS IS" and "WITH ALL FAULTS." ConstructionYardSale.com expressly disclaims all warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

6.3 Platform Communications

All communications between buyers and sellers must occur strictly through the platform's internal messaging system. Sharing personal contact information — including phone numbers, email addresses, or physical addresses — prior to a completed transaction is strictly prohibited. Attempting to move communications or transactions off the platform violates these Terms and may result in immediate and permanent suspension of Your account. The platform employs automated detection for off-platform communication attempts.

7. Orders, Payments, and the Release Code System

7.1 Role of the Service

Our role is that of a facilitator between Buyers and Sellers. We are a third party in all Orders, which limits our liability in any disputes between buyers and sellers. Except as expressly stated in these Terms with respect to payment processing and sales tax collection, we are not a party to the underlying agreement for the sale of Goods between a Buyer and a Seller.

7.2 Payment Processing

All payments must be processed through our secure payment system powered by Stripe Connect to be eligible for buyer and seller protections. Circumventing the payment system is a violation of these Terms and may result in permanent suspension.

7.3 Payment Authorization and the Release Code System

The Company uses a delayed-capture payment system to protect both parties in every transaction:

  • Upon purchase, the Buyer's payment method is authorized for the full transaction amount. Funds are reserved by the Buyer's issuing bank and are not transferred at this time.
  • At the time of purchase, the platform generates a unique six-digit Release Code and provides it to the Buyer.
  • At pickup, the Buyer presents the Release Code to the Seller. The Seller enters the code into the platform to confirm handoff. Entry of a valid Release Code triggers Payment Capture and initiates the Seller's payout.
  • Payment is never captured, and no payout is initiated, without confirmation via the Release Code exchange.

Important: By presenting your Release Code to the Seller, you are confirming satisfactory receipt of the Goods. Do not share your Release Code until you have inspected and accepted the materials.

No Custody of Funds. The Company does not hold, take custody of, commingle, or act as a fiduciary, trustee, or agent with respect to Buyer or Seller funds at any time. All authorization, capture, fund movement, and payout functions are performed by Stripe under its own agreements with You.

7.4 Disputed Pickup Claims

If a Release Code is not entered and a Buyer claims non-pickup, the Payment Authorization will not be captured pending review. The Seller may submit evidence of handoff within 48 hours, including:

  • Time-stamped photographs of loaded materials
  • Platform chat logs
  • Optional geotag check-in data

If the Seller provides sufficient evidence of handoff within the 48-hour window, the Company may capture the payment and release the Seller's payout. If the Seller does not respond within the window, or the evidence provided is insufficient, the Payment Authorization will be voided and no amount will be charged to the Buyer. All determinations are made at the sole discretion of the Company.

7.5 No-Show Fee

If a Buyer's address has been revealed to the Seller and the Buyer fails to appear for the scheduled pickup without canceling in advance, a no-show fee equal to 4% of the transaction value may be charged to the Buyer and remitted to the Seller to compensate for their time and inconvenience. Assessment of the no-show fee is at the sole discretion of the Company.

7.6 All Sales Final

To keep the platform simple and efficient, ConstructionYardSale.com does not process refunds once a transaction is completed and the Release Code has been shared. When you buy or sell on this platform, the transaction is strictly between you and the other party. All sales are final "AS IS" unless both parties mutually agree otherwise.

Every transaction generates a unique Order ID for tracking. For serious disputes, contact us at help@constructionyardsale.com with your Order ID.

7.7 Local Pickup Only

The primary and default transaction mode on ConstructionYardSale.com is local pickup. Buyers are responsible for arranging all pickup logistics, including transportation, equipment, and personnel. Sellers are not responsible for loading or transport. Users must comply with all local laws and safety regulations regarding the transport of construction materials.

When visiting pickup locations, observe job-site safety protocols: visit during daylight hours, wear appropriate PPE when entering active construction zones, and never enter a restricted area without authorization.

7.8 Order Cancellation

We reserve the right to cancel any Order for reasons including, but not limited to, Goods availability errors, pricing errors, fraud, or unauthorized transactions.

If a Buyer cancels an Order before the Release Code has been used, the Payment Authorization will be voided and no amount will be captured, except that a no-show fee under Section 7.5 may apply where the Buyer failed to appear for a scheduled pickup without canceling in advance. If You believe an amount has been charged in error, contact billing@constructionyardsale.com.

If a Seller cancels a confirmed Order, the Payment Authorization will be voided in full and no payment will be transferred to the Seller.

7.9 Order Disputes

Disputes between Buyers and Sellers must be reported to ConstructionYardSale.com promptly. We encourage direct resolution between parties first. If a resolution cannot be reached, contact help@constructionyardsale.com with your Order ID. All dispute resolution determinations are made at our sole discretion. ConstructionYardSale.com is not obligated to mediate disputes between users.

8. Fees, Subscriptions, and Taxes

8.1 Transaction Fees

All transaction fees are charged to Sellers only. Buyers use the platform free of transaction fees. Current fee structure:

  • Basic (Free to list): 10% per successful sale. Minimum fee: $2. Maximum fee: $250.
  • Pro ($49/month or $490/year): 8% per successful sale. Maximum fee: $250.
  • Business ($149/month or $1,490/year): 5% per successful sale. Maximum fee: $250.

Sellers pay transaction fees only when they earn. No fees are charged for listings that do not result in a sale. The Company reserves the right to change fee rates with reasonable advance notice.

8.2 Subscription Memberships

(a) Tiers and Pricing. Pro and Business memberships are optional paid subscriptions available to Sellers who have completed required identity verification. Basic membership is free and requires no subscription.

  • Pro: $49.00 per month, or $490.00 per year
  • Business: $149.00 per month, or $1,490.00 per year

(b) Automatic Renewal — Please Read Carefully. Subscriptions renew automatically. By purchasing a Pro or Business subscription, You authorize the Company and its payment processor, Stripe, to charge Your saved payment method the then-current subscription rate on each Renewal Date, on a recurring basis, without further action or notice from You, until You cancel.

Monthly subscriptions renew every month on the calendar day corresponding to Your original subscription date. Annual subscriptions renew every twelve months on that same calendar day. Applicable sales tax is charged on each renewal in addition to the subscription rate. Your next Renewal Date and renewal amount are displayed at all times in Account Settings, under Membership.

(c) Promotional and Free-Month Offers. We may offer promotional codes providing a free or discounted first Billing Period. If You redeem such an offer:

  • Your subscription begins immediately at checkout.
  • You must provide a valid payment method at checkout, even though no amount is due at that time.
  • Your payment method will be charged the full subscription rate automatically at the end of the promotional period, and on each Renewal Date thereafter, unless You cancel before the promotional period ends.
  • You may cancel at any time before that date at no charge.
  • Promotional offers are limited to one per Seller unless expressly stated otherwise, and may be modified or withdrawn at any time.

(d) How to Cancel. You may cancel at any time, with no cancellation fee, in Account Settings, under Membership, using the Manage subscription button. Cancellation takes effect immediately upon confirmation and requires no contact with our support team. You may alternatively cancel by emailing billing@constructionyardsale.com.

(e) Effect of Cancellation. Cancellation stops all future charges. Your subscription remains active and You retain Your tier benefits through the end of the Billing Period You have already paid for. At the end of that period, Your account reverts to Basic membership, including the 10% transaction fee and Basic listing limits.

(f) Price Changes. We may change subscription pricing. We will provide at least thirty (30) days' notice by email before any price increase takes effect, and the new price will apply at Your next Renewal Date following that notice. If You do not agree to the new price, You may cancel before it takes effect.

(g) Failed Payments. If a renewal charge fails, we may reattempt collection. If payment cannot be collected, Your subscription will be canceled and Your account will revert to Basic membership.

(h) Refunds. Subscription fees are non-refundable, including for partial Billing Periods. Nothing in this section limits any rights You may have under applicable law.

8.3 Listing Boosts

Listing Boosts are available to all tiers and allow Sellers to feature listings at the top of search results and category pages:

  • 24-hour boost: $5
  • 3-day boost: $12
  • 7-day boost: $25

Pro subscribers receive 5 free 24-hour boosts per month. Business subscribers receive 10 free 24-hour boosts per month. Free boosts do not roll over between Billing Periods and have no cash value. Additional boosts may be purchased at standard rates by all tiers. Boost purchases are one-time charges and do not automatically renew.

8.4 Sales Tax and Tax Reporting

(a) Marketplace Facilitator Status. The Company is a marketplace facilitator under Connecticut law, including Conn. Gen. Stat. § 12-408e. For all sales facilitated through the Service, the Company is treated as the retailer and is responsible for collecting and remitting Connecticut sales and use tax on those sales. Sellers are not required to collect or remit Connecticut sales tax on transactions completed through the Service, and are not required to provide the Company with separate tax documentation for those transactions.

(b) Other Jurisdictions. Where the Company is required to collect and remit sales tax in other jurisdictions under applicable marketplace facilitator laws, it will do so. Sales tax is calculated and applied automatically at checkout.

(c) Taxes Outside the Service. Sellers remain responsible for all other taxes arising from their business, including income tax and any tax obligations relating to sales made outside the Service.

(d) 1099-K Reporting. Sellers who meet applicable IRS reporting thresholds will receive a Form 1099-K directly from Stripe.

(e) No Tax Advice. Nothing in these Terms constitutes tax advice. Sellers are encouraged to consult a qualified tax professional regarding their individual tax obligations.

9. Prohibited Items

The safety of our community is paramount. The following items are strictly prohibited from being listed, bought, or sold on the platform. Violation of this policy will result in immediate account termination and potential reporting to law enforcement:

  • Hazardous Materials: Materials containing asbestos, lead-based paints, or other known toxic or regulated substances.
  • Pressurized Containers: Unvented or unpurged pressurized tanks, cylinders, or vessels.
  • Recalled Products: Any electrical components, appliances, tools, or building materials recalled by the manufacturer or the Consumer Product Safety Commission (CPSC).
  • Chemicals and Waste: Solvents, hazardous waste, industrial chemicals, expired adhesives, undocumented liquid substances, or fuel-bearing equipment.
  • Stolen Goods: Any materials, tools, or equipment that have been stolen or illegally obtained. We cooperate fully with law enforcement in the event of stolen property listings.
  • Weapons or Firearms: Including tools modified to operate as projectile weapons, or explosives used in demolition.
  • Brand-New or Primary Retail/Warehouse Inventory: Any brand-new, factory-sealed, manufacturer-new, or primary commercial retail or warehouse inventory; any items purchased or held for the purpose of resale as new merchandise; and any bulk quantities of new or unused material that were not generated as genuine leftover or surplus from a completed construction, renovation, or demolition project. This prohibition applies regardless of condition labels used by the Seller.

10. Content

10.1 Your Right to Post Content

Our Service allows You to post Content, including listing photos, descriptions, and messages. You are responsible for the Content you post, including its legality, accuracy, and appropriateness. By posting Content, You grant us a worldwide, non-exclusive, royalty-free license to use, modify, display, reproduce, and distribute that Content on and through the Service and in connection with promotion of the Service. You retain ownership of any Content You submit.

10.2 Content Restrictions

You may not post Content that is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, including but not limited to: content promoting illegal activity; spam or unauthorized advertising; content containing malware or viruses; content infringing on intellectual property rights; impersonation of any person or entity; or false information.

10.3 Content Moderation

The Company reserves the right, but not the obligation, to determine whether Content complies with these Terms, and to refuse, remove, or modify any Content at our sole discretion. We may also limit or revoke your use of the Service if you post objectionable Content.

11. INFORM Consumers Act Compliance

ConstructionYardSale.com complies with the INFORM Consumers Act (15 U.S.C. §45f). For high-volume third-party Sellers who have conducted 200 or more transactions of new or unused goods and generated $5,000 or more in gross revenue within any continuous 12-month period on our platform, we are required to:

  • Collect and verify bank account information, tax identification number, and contact information within 10 days of a Seller qualifying.
  • Verify all collected information to reliably confirm its validity.
  • Require annual recertification of Seller information and re-verification of any changes within 10 days.
  • Disclose the Seller's full name, physical address, and direct contact method to Buyers once the Seller reaches $20,000 or more in annual gross revenue on the platform.
  • Provide a clear and conspicuous mechanism on each qualifying Seller's product pages for consumers to report suspicious activity, both electronically and by phone.

Sellers who fail to provide or recertify required information after notice will be suspended from selling until they comply. Information collected under the INFORM Act is protected with reasonable security procedures and may not be used for any other purpose unless required by law.

Note: Only transactions involving new or unused products count toward INFORM Act thresholds. Genuine used, surplus, leftover, excess, reclaimed, or open-pallet Goods that comply with Section 4 of these Terms do not count toward those thresholds.

12. Governing Law

The laws of the State of Connecticut, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Any legal claims must be filed in Hartford County, Connecticut.

12.1 United States Legal Compliance

You represent and warrant that (i) You are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

12.2 Severability

If any provision of these Terms is held unenforceable or invalid, such provision will be interpreted to accomplish its objectives to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

12.3 Waiver

The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter. A waiver of any breach shall not constitute a waiver of any subsequent breach.

12.4 Assignment

You may not assign or transfer these Terms, or Your Account, without our prior written consent. We may assign these Terms, in whole or in part, without restriction and without notice to You, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of our assets. These Terms bind and benefit the parties and their permitted successors and assigns.

13. Disclaimer of Warranties and Limitation of Liability

13.1 Limitation of Liability

ConstructionYardSale.com is not liable for any damages, injuries, or losses resulting from the use of materials purchased through the platform. Users assume all risks associated with the pickup, transport, and use of construction materials.

The entire liability of the Company under any provision of these Terms shall be limited to the amount actually paid by You to the Company through the Service in the twelve (12) months preceding the claim, or $100 USD if You have not paid any amount to the Company through the Service.

Under no circumstances shall ConstructionYardSale.com be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

13.2 "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service.

13.3 Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise You to read the terms and privacy policies of any third-party websites You visit.

13.4 Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) Your access to or use of the Service; (b) Your Content; (c) Goods You list, sell, purchase, transport, or use; (d) Your violation of these Terms; (e) Your violation of any applicable law or the rights of any third party; or (f) any dispute between You and another user. This obligation survives termination of Your Account.

14. Dispute Resolution

If You have any concerns or disputes about the Service, You agree to first attempt to resolve the dispute informally by contacting us at legal@constructionyardsale.com. Any unresolved legal claims shall be filed in Hartford County, Connecticut.

15. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of ConstructionYardSale Inc. and its licensors. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

16. Ratings and Reviews

After every completed transaction, both Buyers and Sellers may rate each other. Ratings are tied exclusively to verified identities and completed transactions and cannot be transferred or manipulated. Recent reviews are weighted more heavily. High ratings represent on-platform reputation that reflects your reliability and trustworthiness within the ConstructionYardSale.com community.

17. Changes to These Terms of Service

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, please discontinue using the Service.

ConstructionYardSale Inc. · Hartford County, Connecticut · info@constructionyardsale.com