Terms of Use

ConstructionPartsNetwork.com (the “Platform”) is operated by NetCom Services LLC, a Nebraska limited liability company (“NetCom,” “we,” “us,” or “our”). These Terms of Use (the “Terms”) govern access to and use of the Platform and related services (collectively, the “Services”). By registering for, accessing, or using the Services, you (the “User”) agree to these Terms. If you are using the Services on behalf of a company or other entity, you represent that you are authorized to bind that entity, and “you” refers to that entity. ________________________________________________________ 1) Summary of Our Role (Marketplace Only) - NetCom operates a B2B marketplace connecting independent sellers of heavy construction equipment and parts (“Sellers”) with business buyers (“Buyers”). - NetCom is not a party to any sale between Buyers and Sellers. Sellers—not NetCom—list, describe, price, own, store, ship, warrant, and support listed items. - Payments are facilitated via Stripe Connect. Except for NetCom's application fee (≤2%) and any payment processor fees (e.g., Stripe), sale proceeds flow to the Seller. - All refunds, returns, exchanges, and product disputes are between Buyers and Sellers. See Section 9 (Refunds & Disputes). ________________________________________________________ 2) Eligibility; Business Verification - B2B Only; 18+. The Services are for commercial use only. User must be 18 years or older and represent a legitimate business with authority to bind that business. - Required Info. To register or continue use, User agree to provide and keep current: - Business name; physical business address; business phone; business website (if any); business email; business type/industry; tax ID (if applicable). - Verification. We may request documentation, use third-party verification tools, or suspend/terminate access if information is inaccurate, incomplete, or unverifiable. - Incorporated by reference: User Verification & Eligibility Policy. ________________________________________________________ 3) Accounts & Security - User is responsible for account access, users under your account, and keeping credentials secure. - User must promptly notify us of unauthorized access or suspected security incidents. - We may refuse, suspend, or terminate accounts for policy, legal, or risk reasons. ________________________________________________________ 4) Acceptable Use; Prohibited Conduct User must comply with our Acceptable Use Policy (incorporated herein by reference). Without limitation, User agrees not to: - Sell illegal, stolen, counterfeit, or unauthorized goods; misrepresent condition, ownership, or origin. - Engage in fraud, deception, or abuse (including spam, review manipulation, or chargeback abuse). - Harass, threaten, or abuse other Users. - Infringe third-party intellectual property rights or violate any law or regulation. - Interfere with the Platform or attempt to bypass security controls. We may review listings, remove content, and suspend or terminate accounts; and we may report illegal activity to authorities. ________________________________________________________ 5) Listings; Content; Ownership & License - User Content. Sellers may post listings, photos, specs, pricing, and other content (“User Content”). User represents and warrants user owns or has rights to post such content and that it does not infringe others' rights. - License to NetCom. User grants NetCom a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute User Content solely to operate and improve the Services. - IP/DMCA. Our Trademark, Intellectual Property & DMCA Policy applies and is incorporated herein by reference, including notice and takedown and repeat-infringer rules. ________________________________________________________ 6) Fees; Payments; Taxes (Stripe Connect) - Payment Processing via Stripe (Hosted Onboarding). Payment processing services for sellers on the Platform are provided by Stripe. When you complete Stripe's onboarding, User agrees to the Stripe Connected Account Agreement (https://stripe.com/legal/connect-account) and the Stripe Services Agreement (https://stripe.com/legal/ssa) (together, the “Stripe Terms”), as Stripe may update them from time to time. User authorizes NetCom Services LLC to share User's business and transaction information with Stripe and to receive information from Stripe as needed to provide the Services, including for compliance, risk, payouts, refunds, and chargebacks. - Application Fee. NetCom may charge a platform application fee per transaction. - Processor Fees. Payment processor fees are not refundable by the processor (e.g., Stripe generally keeps its fees if a transaction is refunded). - Payouts; Offsets. We may net or set off platform fees, chargebacks, refunds, adjustments, reserves, negative balances, or compliance withholds as permitted by law and Stripe's rules. - Taxes. Sellers are responsible for determining, collecting, reporting, and remitting any taxes, duties, or other governmental assessments arising from their sales unless we explicitly state otherwise in writing. Buyers are responsible for applicable taxes they owe by law. Acquirer Disclosure. To satisfy financial-partner requirements, the identities and contact details of Stripe's acquiring banks are available at https://stripe.com/legal/acquirer-disclosure. ________________________________________________________ 7) Shipping; Risk of Loss; Product Support - Sellers are solely responsible for packaging, shipping, delivery, risk of loss, returns logistics, and post-sale support. - Buyers must conduct due diligence prior to purchase and address product issues directly with Sellers. ________________________________________________________ 8) Reviews & Ratings - Reviews must be truthful and relevant to the transaction. - We may remove reviews that are abusive, deceptive, retaliatory, or violate policy. ________________________________________________________ 9) Refunds, Returns, Disputes & Chargebacks - Between Buyer & Seller. All refunds, returns, exchanges, cancellations, or disputes are handled directly by the Sellers. NetCom does not mediate or issue refunds on Sellers' behalf. - Application Fee Refund Policy. If a full refund is issued by the Seller and successfully processed through Stripe, NetCom will refund the associated application fee for that transaction to the Buyers' original payment method. - Processor Fees. Stripe's payment processing fees are non-refundable (subject to Stripe's current policies). - Timing. NetCom will process the platform-fee refund after Stripe confirms the Seller's refund. NetCom may deny an application-fee refund for suspected abuse, fraud, or if Stripe does not confirm the refund. - Chargebacks. Chargebacks are managed by Stripe and card networks. Sellers may be responsible for chargeback amounts and fees; NetCom may pass through related costs or offsets as permitted. Incorporated by reference: Refund & Dispute Disclaimer. ________________________________________________________ 10) Third-Party Services The Services may contain links to or integrate third-party services (including Stripe). We are not responsible for those services. User's use is governed by the third party's terms and privacy policies. ________________________________________________________ 11) Privacy; Data Protection User's use of the Services is subject to our Privacy Policy and Cookie Policy, which describe how we collect, use, share, and retain information and how Users can exercise rights where applicable (e.g., GDPR, CCPA/CPRA). ________________________________________________________ 12) Sanctions; Export; Anti-Corruption User represents that User and User's business are not located in or ordinarily resident of any embargoed jurisdiction and are not a restricted party under applicable sanctions laws. User will comply with export controls and anti-corruption laws (e.g., FCPA/UK Bribery Act) in connection with User's use of the Services. ________________________________________________________ 13) Ownership of the Platform NetCom and its licensors own all rights, title, and interest in and to the Services, including software, design, logos, and trademarks. Except for the limited right to use the Services in accordance with these Terms, no rights are granted. ________________________________________________________ 14) Suspension; Termination We may suspend or terminate User's access at any time for policy violations, legal requirements, fraud risk, non-payment, or to protect Users and the Platform. User may stop using the Services at any time. Sections that by their nature should survive will survive termination. ________________________________________________________ 15) Changes to the Services or Terms We may modify the Services or these Terms from time to time. If changes are material, we will provide notice by posting to the Platform (and, where required, by email). User's continued use after changes become effective constitutes acceptance. ________________________________________________________ 16) Disclaimers - The Services and all listings are provided “AS IS” and “AS AVAILABLE.” - NetCom does not control or guarantee the quality, condition, safety, legality, availability, accuracy, or delivery of any items or listings. - To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. ________________________________________________________ 17) Limitation of Liability To the maximum extent permitted by law: - NetCom is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, goodwill, data, or business interruption. - NetCom's maximum total liability arising out of or relating to the Services will not exceed the greater of: (a) the application fees actually paid to NetCom by User in the 12 months preceding the event giving rise to the claim, or (b) $1,000. Some jurisdictions do not allow certain limitations; in those cases, limitations apply to the fullest extent permitted. ________________________________________________________ 18) Indemnification User aggrees to indemnify, defend, and hold harmless NetCom and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) User's use of the Services; (b) User's listings, sales, or User Content; (c) User's violation of these Terms or law; or (d) User's infringement of any third-party rights. ________________________________________________________ 19) Governing Law; Venue These Terms are governed by the laws of the State of Nebraska, without regard to conflicts of laws rules. User agrees to the exclusive jurisdiction and venue of the state or federal courts located in Lancaster County, Nebraska for any dispute not subject to arbitration (if any). ________________________________________________________ 20) Notices - To User: via the Platform, email, or your account contact info. - To NetCom: NetCom Services LLC – Legal Notices PO Box 23133, Lincoln, NE 68542 Email: support@constructionpartsnetwork.com For copyright and trademark claims, see our Trademark, Intellectual Property & DMCA Policy (DMCA Agent contact included). ________________________________________________________ 21) Miscellaneous - Entire Agreement. These Terms plus policies incorporated by reference are the entire agreement. - Order of Precedence. If there is a conflict, these Terms control over posted FAQs/marketing pages. - Assignment. User may not assign these Terms without our consent; we may assign to an affiliate or successor without consent of User - Severability. If any provision is unenforceable, the remainder remains in effect. - Force Majeure. We are not liable for delays/failures due to events beyond our reasonable control. - No Waiver. Failure to enforce is not a waiver. ________________________________________________________ 22) Policies Incorporated by Reference The following documents are incorporated as part of these Terms (each, as updated from time to time): - Acceptable Use Policy (AUP) - Refund & Dispute Disclaimer - Trademark, Intellectual Property & DMCA Policy - User Verification & Eligibility Policy - Privacy Policy - Cookie Policy & Consent Notice - Seller Terms - Buyer Terms ________________________________________________________ Exhibit A (Optional): Stripe-Specific Disclosures User acknowledges and agrees that payment processing services are provided by Stripe and are subject to the Stripe Services Agreement and Stripe Connect terms. NetCom may share information with Stripe and receive information from Stripe as needed to provide the Services, including for compliance, risk, payouts, and refunds. ________________________________________________________ Contact Questions? support@constructionpartsnetwork.com