Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the AssetTradingDesk website, applications, and services (collectively, the “Services”), operated by AssetTradingDesk (“AssetTradingDesk,” “we,” “us,” or “our”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

The Services are a business-to-business marketplace for industrial equipment and related assets. You may use the Services only if you are at least 18 years old and are using them for business purposes. The Services are not offered to consumers for personal, family, or household use.

To use most features you must register an account and associate it with an organization. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.

Organization administrators may invite, manage, and remove members of their organization. Actions taken by a member of your organization within the Services are attributed to that organization. Notify us immediately at [email protected] if you suspect unauthorized use of your account.

The Services allow sellers to list equipment and other assets (“Listings”), allow buyers to post equipment requests (“Requests”), and connect buyers and sellers around potential transactions (“Opportunities”), including through on-platform messaging and document signing.

AssetTradingDesk is a venue. We are not a party to any transaction between buyers and sellers. We do not own, inspect, appraise, or take custody of any listed asset; we do not process payments between buyers and sellers; and we do not guarantee the existence, condition, quality, safety, legality, or title of any asset, the truth or accuracy of any Listing or Request, or the ability of any buyer or seller to complete a transaction. Any transaction you enter into — including payment, transport, inspection, and transfer of title — is solely between you and the counterparty, at your own risk. You are responsible for performing your own due diligence before transacting.

You retain ownership of the content you submit to the Services, including Listings, Requests, photos, documents, organization profiles, and messages (“Your Content”). You grant AssetTradingDesk a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute Your Content as needed to operate, promote, and improve the Services, including displaying Listings to prospective buyers.

You represent that Your Content is accurate, that you have the right to submit it, and that any asset you list is one you have the right to sell. We may remove or decline to display any content, or suspend any Listing, at our discretion.

You agree not to:

• post false, misleading, or fraudulent Listings, Requests, or other content;
• use the Services for any unlawful purpose, or list assets that are stolen, counterfeit, or illegal to sell;
• harass, threaten, or defraud other users, or send spam or unsolicited commercial messages through the Services;
• scrape, crawl, or harvest data from the Services, or access them by automated means other than interfaces we provide;
• interfere with the operation or security of the Services, circumvent access controls, or probe for vulnerabilities;
• impersonate any person or organization, or misrepresent your affiliation with one.

The Services include electronic document delivery and signing. By signing a document through the Services, you consent to transact electronically and agree that your electronic signature has the same legal effect as a handwritten signature. Documents you sign with a counterparty are agreements between you and that counterparty; AssetTradingDesk is not a party to them and is not responsible for their content or enforcement.

We do not currently charge fees for use of the Services through the website. We may introduce fees or paid features in the future; if we do, we will provide notice and the applicable pricing before any charge applies to you.

The Services, including their software, design, text, and logos (excluding Your Content), are owned by AssetTradingDesk or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services.

The Services rely on third-party providers, such as authentication, hosting, and electronic-signature services, and may link to third-party websites. We are not responsible for third-party services or content, and your use of them may be subject to their own terms.

You may stop using the Services or close your account at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, pose a risk to other users, or for any other reason at our discretion. Sections of these Terms that by their nature should survive termination (including Sections 4, 5, and 12 through 16) will survive.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY LISTING, REQUEST, OR USER IS ACCURATE, RELIABLE, OR TRUSTWORTHY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASSETTRADINGDESK AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY TRANSACTION BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.

You will indemnify and hold harmless AssetTradingDesk and its officers, employees, and agents from any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of Your Content, your use of the Services, your violation of these Terms, or any transaction between you and another user.

Please read this section carefully — it affects your legal rights.

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. Either party may instead bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive relief in court for infringement or misuse of intellectual property.

YOU AND ASSETTRADINGDESK EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Disputes may only be brought on an individual basis.

You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name, organization, and intent to opt out.

These Terms are governed by the laws of the State of [Governing State], without regard to its conflict-of-law rules. Any arbitration or permitted court proceeding will take place in [Venue County, State], unless the parties agree otherwise.

We may update these Terms from time to time. If we make material changes, we will provide notice, such as by posting the updated Terms on this page and updating the “Last updated” date, or by emailing account holders. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

These Terms, together with the Privacy Policy, are the entire agreement between you and AssetTradingDesk regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Contact us at [email protected].