Last updated: October 10, 2024

1. What is Treet?

Treet is an online platform, marketplace, and Service where Users can buy and sell Items from each other in exchange for cash, discounts, or credit to the Partner Site.

2. Application & Enforceability

By accessing, viewing, or using Treet or any tools and services, including purchasing or selling Items, provided in connection with Treet or the Partner Site, you understand and agree to be bound by all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use, including the mandatory arbitration provision in Section 16 and class action waiver in Section 17, or otherwise do not understand or agree to be bound by these Terms of Use, do not use the Service or create an account.

3. User Obligations

We grant you a limited, non-exclusive, non-transferable, and revocable license to use Our Services—subject to the Terms and the following restrictions in particular:

You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Treet immediately by contacting us at support@treet.co. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.

Terminating your account. You may submit a request to terminate your account by contacting us at support@treet.co. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account.

Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent. Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy. Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other Treet or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.

Fees. There are no fees for creating an account on the Site. Sellers may be charged a platform fee as a percentage of the Selling Price.

Should you violate any of the Terms of Use, We reserve the right to terminate, suspend, or take any other action related to your account at Our sole discretion. You may not access Our Site or Services if We have prohibited you from doing so.

4. Treet’s Role

While Treet may review and approve Posts before becoming available on the Site, Treet does not claim any ownership over the Items being exchanged between Users. We may remove Posts and issue refunds at Our discretion. Treet may remove User Content that violates the Terms at its sole discretion. Removing User Content, terminating an account, or canceling transactions are not actions We take lightly, and We may take awhile to investigate and determine if such actions are warranted. It is at Treet’s sole discretion whether to discuss the reasons for taking action against any User Content or account. Neither We nor Partner guarantees the quality of Items being exchanged. We do not become involved in legal disputes between Users. Treet bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between Buyers and Sellers.

5. Seller Obligations

As a Seller on Treet, when you create a Post on the Site, you understand that you are entering into separate legal agreements with both Treet and with Buyers, and the following rules apply (in addition to all other Terms).

You agree that you own and have rights to sell the Item being posted on Treet.You will make good faith efforts to fulfill the items associated with a Post in the timeframe that is communicated. You will immediately notify Treet if there are obstacles or delays.

You are responsible for complying with all laws and regulations that apply to Items being posted for sale on Treet and the Partner Site, including California’s Proposition 65 (“Prop 65”). If your state has additional requirements or regulations, it is your responsibility to take the actions required for compliance. The Prop 65 regulations generally provide that a warning should contain the following information:

• A statement that the product may expose you to a Prop 65 listed chemical

• The name of at least one chemical listed as known to cause cancer and/or one chemical listed as known to cause reproductive harm that prompted the warning

• The Internet address for OEHHA’s Proposition 65 warnings website, www.P65Warnings.ca.gov

• A triangular yellow warning symbol ⚠ (on most warnings) and the word “WARNING” in all caps

• For example, if your product contains lead, the warning would be:

  ⚠️ WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to P65Warnings.ca.gov.

You are responsible for reviewing the Prop 65 regulations and for complying with them. Neither Treet nor Partner has any responsibility, liability or obligation for your compliance or lack thereof and only you shall have liability to Buyers for your failure to comply.

Be responsive. Respond promptly and truthfully to all questions posed by Buyers and any questions or requests Treet makes.

Be truthful and transparent. Sellers should be ready, willing, and able to substantiate claims your Posts make, including but not limited to the quality, sizing, and all additional Post descriptions. If you are unable to substantiate claims, Treet may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.

Respect privacy. When you use the Services by creating a Post, you may receive information about other Users, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Items for the applicable Post and other Services, and may not be used or disclosed for other purposes.

6. Platform Fees

Sellers may be subjected to a platform fee based on the Selling Price and will be deducted prior to funds being sent. Fees may vary depending on the Partner’s Disbursement Policy posted on their respective Sites. Treet reserves the right to change the fees at any time and such changes will be reflected in our Partner’s Disbursement Policy.

7. Shipping

Sellers on Treet will be provided a prepaid shipping label and must ship their items to the Buyer within five days of the purchase date. If the Seller does not ship the item within five days, Treet reserves the right to cancel the transaction and provide a full refund to the Buyer. At Treet’s sole discretion, they may terminate a Seller account for continuously missing their Shipping window. Sellers must only use the provided prepaid shipping label to ship their purchased Item and is wholly responsible for abiding by the conditions of the shipping carrier.

8. Refunds & Returns

If there is an issue with an Item that arrives, such as the item arriving significantly different than described in the Post, Buyers must file a Misrepresentation Claim with Treet within 72 hours of receiving the item. If the Claim is accepted, Treet will provide the Buyer with a prepaid return shipping label for the Buyer to ship the item within 72 hours. Once the item is detected as being in transit, Treet will issue a refund based on the cost of purchasing the item.

9. Taxes

Applicable taxes may be collected upon purchasing Items on Treet based on the jurisdiction in which the purchase is made. In the event that taxes are collected at checkout, Treet will submit the taxes to the proper taxing authorities on the Buyers behalf.

10. Prohibited Items

Any listing or sale of an item that is illegal to sell online under any applicable statute, ordinance, law, or regulation, is strictly prohibited by Treet. Items must also abide by the shipping carrier’s Domestic Shipping Prohibitions & Restrictions. While Items sold on Treet may be used, no item can be significantly damaged; all Items must be clean and in good condition. Treet also prohibits posting any fake, counterfeit, or otherwise fraudulent Items. Partner reserves the right, but has no obligation, to determine which items can and cannot be posted on the Partner Sites, so long as the Items are not prohibited by this Section. Partner has no obligation to verify that any Item is compliant with any applicable statute, ordinance, law, or regulation. Sellers are solely responsible for ensuring compliance.

11. Brand Credit, Discount Codes, & Gift Cards

Treet may offer Sellers the ability to redeem funds as brand credit with Partner in the form of discount codes or gift cards. The policy of using the respective discount codes or gift cards is wholly determined by Partner and Treet is not responsible for any items purchased using the discount codes or gift cards.

12. Your Intellectual Property

Your User Content remains your property. When you submit User Content to the Site or via the Services, you agree to the following terms:

You allow us to use your User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content. We can make changes to or delete your User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or delete your User Content. You have all legal rights to your User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Treet with respect to your User Content; (2) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) Treet does not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content, or have any liability to a User or any other party as a result of Our use or exploitation of your User Content.

13. Treet’s Rights Concerning User Accounts; Termination

We reserve the right to monitor, terminate, suspend, or delete any User Account at any time in Our sole discretion. We have no obligation to comment on any reasons for account monitoring, termination, suspension, or deletion. Neither We nor Partner have any liability to you or third parties for any use of the Services associated with your account. Upon suspension or termination of your account, you must cease all use of the Services and User Content. Your representations and warranties shall survive termination. Treet reserves the right to suspend or terminate a Post if it does not comply with this agreement or in its sole discretion. In the event of termination, Treet may refund any and all funds received by a Seller and may seek reimbursement from you for any funds you have already received from Treet. Treet may also avail itself of any of the remedies provided for in this Agreement and any remedies available to enforce its rights under this Agreement or applicable law.

14. Payment Services

Credit card payment processing services for Sellers on Treet are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a Seller, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition to Treet enabling credit card payment processing services through Stripe, you agree to provide Treet accurate and complete information about yourself and you authorize Treet to share any such information with Stripe, as well as transaction information related to your use of the Stripe payment processing services. We are not responsible for the performance of any third-party credit card processing or third-party payment services.

15. Disclaimer of Liability

Use the Services at your own risk. Neither We nor Partner makes any representations about the quality, safety, morality or legality of any Post or Item or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the quality of any Items. Neither We nor Partner guarantees in any manner the reliability, validity, accuracy or truthfulness of such User Content. Neither Treet nor Partner is liable for any damages or losses related to your use of the Services. You release us and Partner from all claims. When you use the Services, you release Treet and Partner from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.

16. Arbitration

Any controversy, claim, suit, unjury, harm, loss, or damage arising from or in any way related to the use or provision of the Service or these Terms, shall only be resolved by binding arbitration and conducted in accordance with these Terms of Use and the Commercial Arbitration Rusles and Arbitration Procedurse of the American Arbitration Association (“AAA”) then in effect, which can nbe obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800-778-7879. If these is any inconsistency between the AAA Rukes and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construes and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.

17. Class Action Waiver

No Class or Representative Actions. In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be any California State Court or Federal Court sitting in San Francisco County, California and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding.

18. Definitions

“Treet”, “We”, “Our”, or “Us” refers to Treet, Inc., a Delaware corporation, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors; “Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site; “User”, “You”, or “ Your” refers to Buyers, Sellers or any other visitor to the Site or Users of the Services, either individually or collectively; “Items” are the individual articles the Seller is listing on the Site for sale; “Partners” refers to Heath Ceramics Ltd., and its owners, shareholders, parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors, a separate entity and brand that is using Treet’s Services; “Partner Site” refers to www.passtheplate.heathceramics.com, which Partner has contracted Treet’s Services for managing the exchange of specific Items between Users. “Site” refers to any website or Partner Site using Treet’s Services; “Terms” or “Terms of Use” refers to the Terms of Use, Additional Policies, Treet’s Privacy Policy, all applicable laws, and all conditions or policies referenced here; “User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Post. “Posts” are Sellers’ Item listings through the Services; “Buyers” refers to those Users purchasing Items from Sellers; “Sellers” are those Users who sell their items through the Site and Services; “Selling Price” refers to the price an Item is purchased for; “Partner’s Disbursement Policy” refers to the policy that Partner determines for how their Sellers receive funds. “PII” refers to personally-identifiable information, as that term is defined under all applicable laws.

19. Full Agreement Between You and Us

These Terms are the entire agreement between You and Treet with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Treet with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Treet’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

You understand and agree the Treet may revise, modify, and/or supplement these terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms of Use will be effective immediately after being posted here with a date of when the revision has occurred.

20. Third-Party Beneficiaries

Partner is a third-party beneficiary to these Terms and shall have the right to enforce the provisions of this Agreement and receive benefits as specified herein. Any amendments to the Terms that affect the rights or obligations of Partner shall require Partner’s written consent.

21. Miscellaneous

We may modify or discontinue the Services at any time, in our sole discretion. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Treet’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.