Terms Of Use

Site Use Overview

Thank you for exploring the MyThriftXchange.com website. These Terms of Use govern your use and access to this site. We may change, update, delete or add to these terms over time. By accessing and using this site, you agree to these Terms of Use, all policies within this site, and all changes or modifications to the foregoing. If you do not agree to these Terms of Use, such policies, or any modifications thereto, please do not use this site.

Privacy Policy Statement

We respect the privacy of our customers and encourage you to read our privacy policy so that you may make an informed decision about using our site.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, images, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED Copyright Market Squared, LLC dba MyThriftXchange and/or its licensors. You are granted a limited, non-sublicensable right to access this site and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 

  • publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  • market, sell or make commercial use of this site or any Materials;
  • systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  • make derivative uses of this site or the Materials; or
  • use, frame or utilize framing techniques to enclose any portion of this site (including the images found at this site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of MyThriftXchange or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Trademarks

MyThriftXchange © , MyThriftXchange.com, MyThriftX.com, the MyThriftXchange logo, and any proprietary product or service names contained in this site are either trademarks or registered trademarks of MyThriftXchange.com or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyThriftXchange. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MyThriftXchange, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyThriftXchange. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Customer Communications

We welcome your comments and feedback. All communications and comments submitted to MyThriftXchange.com are non-confidential. MyThriftXchange reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain MyThriftXchange Property.

Accuracy

Though we strive for accuracy, occasionally, the information at MyThriftXchange.com may contain typographical errors, inaccuracies, or omissions. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

Links to Other Sites

Periodically, links may be established from this site to one or more external sites or resources operated by third parties (“Third Party Sites”). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. In addition, some Third Party Sites also may provide links to the MyThriftXchange site. None of such links should be deemed to imply that MyThriftXchange endorses the Third Party Sites or any content therein. MyThriftXchange does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving this site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

SITE DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MYTHRIFTXCHANGE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM MYTHRIFTXCHANGE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYTHRIFTXCHANGE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MYTHRIFTXCHANGE FOR ACCESS TO OR USE OF THIS SITE.

Changes and Modifications

We reserve the right to change or modify any of the Terms of Use contained in these Terms of Use or any policy of the site, at any time and in our sole discretion. If we decide to change our Terms of Use or a policy, we will post a new version on our site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use (including its date) and applicable policies from time-to-time to understand the Terms of Use that apply to your use of the site.

Choice of Law

​MyThriftXchange controls this site from its offices within the State of Colorado. MyThriftXchange does not imply that the materials published on this site are appropriate for use outside of the United States. If you access this site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. These Terms of Use shall be governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions.

Choice of Law

Our first objective is to satisfy our customers, and so we hope to never have a dispute with you. But if we can’t avoid a dispute, you and we agree to try for 60 days to resolve it by agreement. You and we further agree that if we can’t resolve our dispute by agreement within 60 days, we will submit adjudication of our dispute to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”). You and we agree that a neutral arbitrator will adjudicate our dispute and the arbitrator’s decision will be final except for a limited right of appeal under the FAA.

You and we agree to give up our rights to sue in court and have our dispute decided by a judge or jury.
However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.
You also agree to waive—that is, to give up—your right to claim through a class action lawsuit, class-wide arbitration, private attorney-general action, or any other proceeding where someone acts in a representative capacity or individual claims are combined.

The arbitration procedure is as follows:

  1. Notice of Dispute/Arbitration. If our customer service representatives have been unable to resolve your dispute, you must notify us of the dispute in writing. You must send your notice by first class United States mail to Market Squared LLC, ATTN: General Counsel “INFORMAL DISPUTE RESOLUTION”, Bell, Gould, Linder & Scott, PC, 318 East Oak Street, Fort Collins, CO 80524. We must know your name, contact information, a description of the dispute, and what you want us to do. If we are unable to resolve the dispute after the 60 day period from the date we receive your written dispute notice, you may initiate an arbitration demand with a notice in writing to the same address above.
  2. The Arbitration Hearing. If the dispute involves $10,000 or less, the arbitration hearing will be conducted by telephone unless the arbitrator decides it should be in-person. However, you may choose to have in in-person arbitration hearing in your county of residence or principal place of business, or our principal place of business—Weld County, Colorado. The arbitrator may award damages.
  3. Filing and Attorneys’ Fees. We will promptly reimburse filing fees that you incur to initiate any arbitration proceeding (this does not include the AAA fees or arbitrator’s fees). If you initiate the arbitration, we may recover the AAA fees or arbitrator’s fees, or filing fees we reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we initiate the arbitration, we will bear the AAA’s and arbitrator’s fees under any circumstance. We will not seek our attorneys’ fees or expenses from you in any arbitration.

If a court finds any part of this Binding Arbitration Agreement and Class Action Waiver illegal or unenforceable, the part that the court has found to be illegal or unenforceable will be severed, and the rest of this Binding Arbitration Agreement and Class Action Waiver will remain in full force and effect. If a court finds that you have the right to bring an action in court and have our dispute decided by a judge or jury, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in state or federal court located in Weld County, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

You accept this Binding Arbitration Agreement and Class Action Waiver by your registration on our website and or use of the products, or services that we sell you. You agree to abide by these terms without modification. We reserve the right to change terms from time to time.

To the extent this Agreement conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes this Agreement will control.

Your Account

​If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

MyThriftXchange is an intermediary that provides the Services through which wholesale buyers may purchase inventory products in volume from sellers. MyThriftXchange is a B2B wholesale platform that does not sell products or Inventory, and is not a party to any purchase and sale transaction, but merely provides the Platform through which purchase and sale may be transacted between a buyer and seller. MyThriftXchange does not inspect and makes no representations or warranties regarding, any Inventory. Further, MyThriftXchange does not endorse any seller or buyer and makes no representations or warranties regarding any seller or buyer. You should exercise caution, read all details about the Inventory provided by sellers, and use your independent judgment before bidding upon or purchasing Inventory.

MyThriftXchange.com will not be liable for any damages that may result from misrepresentation by a user of our site. MyThriftXchange reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Mobile Terms and Conditions

  1. These terms and conditions apply to SMS text messages sent by MyThriftXchange. These messages can be recurring or one-time. Recurring message frequency will vary.
  2. You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  3. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also send us an email from our online help center at https://mythriftxchange.com/contact-us/, or email us at [email protected] .
  4. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to MyThriftXchange as part of this service. MyThriftXchange may use this information to contact you and provide services you request from MyThriftXchange. MyThriftXchange may also use this information as described in the subscription list you’ve enrolled in. MyThriftXchange may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy.
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you will receive will vary based on the subscription list you’ve enrolled in. Recurring message frequency varies. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services MyThriftXchange provides, contact us at https://mythriftxchange.com/contact-us/, us at [email protected] or text “HELP” to the text message you received.
  6. MyThriftXchange will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
  7. We are able to deliver messages to most United States based mobile phone carriers but may not be able to reach all carriers. ***Carriers are not liable for delayed or undelivered messages***
  8. If you have questions regarding how MyThriftXchange collects, uses, shares, and protects guest information, please read our MyThriftXchange privacy policy.
  9. Our customer opt-in only text messaging for online marketing alerts is the MyThriftXchange program. Up to date information about the MyThriftXchange program can be found on the registration website https://mythriftxchange.com.​

General Provisions

We reserve the right, without notice and in our sole discretion, to terminate your ability to use this site, and to block or prevent future access to and use of the site. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any applicable policy contained in this site, constitute the entire agreement between you and MyThriftXchange © relating to the subject matter addressed herein.

​Last Updated: March 4, 2024