Terms of Service

CONSTRUCTIONYARDSALE.COM TERMS OF SERVICE

Last Updated: January 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 a 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 $2.

Enterprise User means a Seller with an active Enterprise subscription ($149/month or $1,490/year) who has completed mandatory Stripe identity and EIN 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.com, LLC, 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.

Escrow means the holding of Buyer funds by the platform's payment processor (Stripe Connect) pending successful completion of a transaction.

Good(s) means used, surplus, leftover, excess, reclaimed, or open-pallet construction materials, tools, or equipment offered for sale on the Service.

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

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

Release Code means the unique, platform-generated 6-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 the release of escrowed funds.

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 ConstructionYardSale.com to process payments, hold escrow, execute payouts, and manage 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.

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, offer, or manage any listings or materials on the platform. We are not a party to any agreement entered into between buyers and sellers, 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
  • Excellent
  • Good
  • Fair
  • Non-working / Out of Service

This platform is not intended for merchandisers, retailers, wholesalers, or companies selling brand-new items directly from primary warehouse inventory. Listings that appear to represent new commercial retail stock may be removed at our sole discretion.

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

ConstructionYardSale.com encourages identity verification through Stripe Connect as follows:

  • Basic Users: Optional Stripe identity verification available for a $2 fee. Unverified Basic Users may transact subject to platform limits.
  • Pro Users: Mandatory Stripe identity verification and business EIN verification required before transacting at the Pro tier.
  • Enterprise Users: Mandatory Stripe identity verification and business EIN verification required before transacting at the Enterprise tier.

Government-issued ID is required for all 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.

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.

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 Escrow

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. We are not a party to any agreement You have with a Seller or Buyer.

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 Escrow and the Release Code System

ConstructionYardSale.com operates an escrow payment system to protect both parties in every transaction:

  • Upon purchase, Buyer funds are held in escrow by Stripe Connect and are not released to the Seller until the transaction is confirmed.
  • At the time of purchase, the platform generates a unique 6-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, which triggers the release of escrowed funds.
  • Funds will never be released to the Seller 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.

7.4 Disputed Pickup Claims

If a Release Code is not used and a Buyer claims non-pickup, funds will be held 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 sufficient proof is provided within the 48-hour window, the transaction will be reversed and the Buyer refunded. If neither party responds within the window, funds may auto-release to the Seller only if the Seller has provided minimum required proof. All determinations are made at the sole discretion of ConstructionYardSale.com.

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 will be charged to the Buyer and remitted to the Seller to compensate for their time and inconvenience.

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, amounts paid (including platform fees) are not automatically refunded. Contact billing@constructionyardsale.com if you believe a refund is warranted.

If a Seller cancels a confirmed Order, the Buyer will be refunded 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.
  • Enterprise ($149/month or $1,490/year): 5% per successful sale.

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

Pro and Enterprise subscription tiers are available to Sellers who have completed mandatory identity verification. Subscriptions are billed monthly or annually. If a subscription lapses, the Seller reverts to Basic tier rates and features. Subscription fees are non-refundable.

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 boosts per month. Enterprise subscribers receive 10 free boosts per month. Additional boosts may be purchased at standard rates by all tiers.

8.4 Taxes

Sellers are solely responsible for all applicable taxes arising from their sales. Where required by applicable marketplace facilitator laws, ConstructionYardSale.com collects and remits sales tax on transactions automatically through Stripe Tax. Sellers who meet IRS reporting thresholds will receive a 1099-K directly from Stripe. Sellers are encouraged to consult a 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 Retail Inventory: New items being sold directly from a primary commercial warehouse or as part of a retail merchandising operation.

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 license to use, modify, display, reproduce, and distribute that Content on and through 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: Used goods transactions do not count toward INFORM Act 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.

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 through the Service, or $100 USD if You have not purchased anything 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.

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.com, LLC 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.com, LLC · Hartford County, Connecticut · info@constructionyardsale.com

This document does not constitute legal advice. You are encouraged to consult independent legal counsel before publishing.