Terms and Conditions

1.   ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE 

The Lucky Duck Company LLC dba Bin and Pallet Company ("binandpalletco.com", the “Site”, "Bin and Pallet Company", "Bin and Pallet", "us", "our", or “we”)  provides the Site and various related services subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company).  In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials or other written agreement that may contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

These terms and conditions are between The Lucky Duck Company LLC dba Bin and Pallet Company ("binandpalletco.com", the “Site”, "Bin and Pallet Company", "Bin and Pallet", "us", "our", or “we”) and you only. Neither Handbid Inc., a Colorado, USA corporation (“Handbid”), Apple Inc., or Google Inc. are parties to these terms. The Service offered by Bin and Pallet Company is intended to be used with a mobile application offered by Handbid (“Mobile App”). Bin and Pallet Company and not Handbid, is solely responsible for the Service. If you have any issues or questions with regard to the Service, you must contact Bin and Pallet Company. Handbid offers access and use of the Mobile App under separate terms and conditions.  

All transactions consummated using the Site or Service are solely between Buyer and Seller. Handbid, Inc. has the right, but not the obligation, to monitor any activity and content associated with the Site and Service. Handbid™ may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). 

Handbid™ may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as Handbid™ deems appropriate, including  without limitation, contacting the individual using such card, cancelling bids or an offer to purchase placed by such user, and/or deactivating a  Buyer’s account. You acknowledge and agree that all data and information you provide into the Service will be delivered to Handbid, Inc. for processing in the United States, solely for the purpose of allowing Bin and Pallet Company to provide you the Service.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. 

 2.   YOUR OBLIGATIONS AND CONDUCT

 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of Your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to Bin and Pallet Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website; (e) notify Bin and Pallet Company immediately of any unauthorized use of Your username and password or any other breach of security regarding the Services; f) allow Bin and Pallet Company to send notifications to your registration email address notifying you about auctions that are similar to ones on which you have already bid.

Bin and Pallet Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.

When Bin and Pallet Company has notified users that their registration has been approved, such user shall become a "Registered User." Only Registered Users are eligible to participate in Bin and Pallet Company Services. Bin and Pallet Company reserves the right to disapprove, suspend or terminate Your registration for any reason, at its sole discretion, and to prohibit You from participating in the Services.
 

 3.   THIRD PARTY SITES AND INFORMATION

 This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.  These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  

The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. 

 4.   TREATMENT OF FEEDBACK AND RESPONSES PROVIDED TO BIN AND PALLET COMPANY

 Any comments or materials sent to Bin and Pallet Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. Bin and Pallet Company shall have no obligation of any kind with respect to such response, and Bin and Pallet Company shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. 

Bin and Pallet Company shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts or techniques. 

 5.   AUCTIONS

*SPRINGFIELD AUCTION PICK-UP LOCATION: 4535 WAYNE RD, SPRINGFIELD MI 49037

*ATHENS AUCTION PICK-UP LOCATION: 106 S CAPITAL AVE, ATHENS MI 49012

*PORTAGE AUCTION PICK-UP LOCATION: 271 W CENTRE AVE, PORTAGE MI 49024

Auction Period: The Auction period shall be determined by Bin and Pallet Company and will end at a time to be determined by Bin and Pallet Company, at its sole discretion.

Bidder Conduct: You acknowledge and agree that once a bid has been submitted on Your behalf, You may not retract the bid. In addition, sale price manipulation of any kind, directly or indirectly, by users is prohibited, including shill bidding.

Binding Offer to Purchase: If You are the highest bidder ("Buyer") at the end of an Auction and have met the reserve bid, if there is a reserve bid, then You are obligated to complete the transaction unless the transaction is prohibited by law or by this Agreement. Bidders agree that bidding on the Website is the legal equivalent of a firm purchase order.

Void Bids:  Bin and Pallet Company reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the Auction process, or are prohibited by applicable law.

Winning Bids: Bin and Pallet Company is the one and only judge for the determination of winning bids, but Bin and Pallet Company shall not be liable for any errors or omissions relating to such determination, whether by Bin and Pallet Company or some other person.

Postponement and Cancellation: Bin and Pallet Company reserves the right to postpone or cancel any Auction, or any sale resulting therefrom, at its own discretion, without notice. Bin and Pallet Company will have no liability to prospective bidders or Sellers as a result of any withdrawal, cancellation or postponement of Auctions or sales.

Withdrawal of Auction/Auction Items: User acknowledges and agrees that Auction Items may be withdrawn or sold prior to or after the end of the designated auction period, that the Auction may be discontinued, either temporarily or permanently, and that the Auction may, at Bin and Pallet Company's sole discretion, be extended beyond the designated auction period, all without notice to User. Generally, Auction Items shall be sold to the highest bidder; provided, however, that some Items may be auctioned with minimum reserve prices, and/or subject to Seller's right of confirmation.
 

 6.   COMPLETION OF TRANSACTIONS

Sales Tax:  All bidders will be subject to the Michigan 6% sales tax unless you provide our office with the documentation we require for exemption or unless stated differently in the auction terms.  

Buyer's Premium: Bin and Pallet Company may, at its discretion, charge a Buyer's Premium and/or Processing Fee on Auction Items sold. The Buyer's Premium and/or Processing Fee is an additional service charge, for which the Buyer is responsible. It is a fixed percentage of the final selling price. If an Auction includes a Buyer's Premium and/or Processing Fee, it will be indicated in the auction listing on the item detail page. All fees, including Buyer's Premiums, must be paid prior to releasing any Auction Items for pick-up and transport. 

 Payment and Payment Period: The Payment Period for all Auctions shall be determined by Bin and Pallet Company and will be posted in the auction listing on the item detail page. Full payment from the winning bidder in the amount of the auction closing price, applicable Buyer's Premiums and sales tax must be posted to a secure payment account designated by Bin and Pallet Company within the posted Payment Period. Buyers may pay for their Items online with a valid credit card or cash payment at the time of pick up. Without limiting the foregoing, full payment is due prior to the removal or transportation of purchased Items. 

 Buyer Default: If, after the Payment Period has ended, the Buyer does not make full payment in accordance with the terms set forth above, the Buyer is considered in default and their Auction Item(s) will be re-listed in an Online Auction and will be charged a re-listing fee equal to 100% of the invoiced amount due (which You agree is a reasonable estimate of the minimum damages incurred by Bin and Pallet Company as a result of Your failure). The re-listing fee is based upon the original selling price of the Auction Item plus all applicable taxes and fees. By registering a valid credit card with Bin and Pallet Company, the Buyer authorizes Bin and Pallet Company to charge applicable re-listing fees to the credit card. 

7.  DISCLAIMER, INDEMNITY, LIMITATION OF LIABILITY

 Indemnification: You agree to defend, indemnify and hold harmless Bin and Pallet Company, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by You of these Terms, any use by You of the Website or any disputes or damages arising out of Your use of or contracts formed with You through this Website.

Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTY LISTED FOR SALE, CONTENT,FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS","AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIN AND PALLET COMPANY DOES NOT WARRANT THE COMPLIANCE OF PROPERTY WITH ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR THE PRESENCE OF HAZARDOUS MATERIALS OR LACK THEREOF.

BIN AND PALLET COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. 

BIN AND PALLET COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. 

BIN AND PALLET COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BIN AND PALLET COMPANY OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. BIN AND PALLET COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.

Without limiting the foregoing, Bin and Pallet Company shall not be liable for any act done or omitted under this Agreement while acting in good faith and in the exercise of reasonable judgment. Bin and Pallet Company is authorized to comply with and obey orders, awards, judgments or decrees of any court of law or arbitration tribunal, notwithstanding any notices, warnings or other communications from any party or any other person to the contrary. 

In case Bin and Pallet Company obeys or complies with any such order, judgment or decree of any court or arbitration tribunal, Bin and Pallet Company shall not be liable to any of the parties hereto or to any other person by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside, vacated or found to have been entered without jurisdiction. Bin and Pallet Company shall not incur any such liability for any action taken or omitted in reliance upon any instrument, including any electronic transmission (such as an email) written statement or affidavit that Bin and Pallet Company shall in good faith believe to be genuine, nor will Bin and Pallet Company be liable or responsible if acting in good faith for forgeries, fraud, impersonations, or determining the scope of any representative authority

Limitation of Liability: IN NO EVENT SHALL BIN AND PALLET COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN ADDITION, IN NO EVENT SHALL BIN AND PALLET COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF BIN AND PALLET COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF BIN AND PALLET COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND THE SERVICE EXCEED, IN THE AGGREGATE, $100.00. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
 

Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above. 

8.  ELECTRONIC COMMUNICATIONS

 When You visit auctions.binandpalletco.com or binandpalletco.com and send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. 

9.  INTELLECTUAL PROPERTY RIGHTS

 By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Bin and Pallet Company and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

 The following are registered trademarks, trademarks or service marks of Bin and Pallet Company or its Affiliates:  All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Bin and Pallet Company or its Affiliates.  All other trademarks or service marks are property of their respective owners.  Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Bin and Pallet Company or its Affiliates. 

10.  INTERNATIONAL USE

 Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service, and/or information made in connection with this site is void where prohibited. 

11. GOVERNING LAW

This site (excluding any linked sites) is controlled by us from our offices within the State of Michigan, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of Michigan, by accessing this site both of us agree that the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of Kalamazoo County and the United States Western District Court of Michigan the with respect to such matters. 

 12.   HANDBID PROVISIONS

The provisions in this section are required by Handbid Inc. You and Bin and Pallet Company acknowledge that Handbid has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Customer is solely responsible for providing end user support for the Service. Handbid, in its sole discretion, shall update and maintain the Service. In the event of any failure of the Service to conform to any applicable warranty, you must notify Bin and Pallet Company directly. 

To the maximum extent permitted by applicable law, Handbid will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, as between Handbid and Bin and Pallet Company, will be Bin and Pallet Company’s sole responsibilty, subject to all the provisions of this Agreement. As between Bin and Pallet Company and Handbid, Bin and Pallet Company, not Handbid, is responsible for addressing any claim asserted by you or a third party relating to the Service or to your possession and/or use of the Service, including, but not limited to: (i) any product liability claim; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. 

This Agreement will not be construed or applied so as to limit Bin and Pallet Company’s liability to you beyond what is permitted by applicable law. In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, as between Bin and Pallet Company and Handbid, Bin and Pallet Company, not Handbid, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

You and Bin and Pallet Company acknowledge and agree that Handbid, and Handbid’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the provisions of this Agreement, Handbid will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party.

 13.   GENERAL PROVISIONS

 Environmental Hazards: Bin and Pallet Company shall assume no risk nor any liability of hazardous materials which may arise from the failure of any Items sold or to be sold at Auction to comply with Federal, State or Local law, statute or regulatory agency regulations and requirements, including but not limited to, requirements relating to environmental pollutants or hazardous waste. Bin and Pallet Company shall pay no direct or indirect cost that may be incurred due to the existence of environmental pollutants either on or in the Items sold or on the premises of the auction. Such cost may also include any liens or penalties which may be levied due to violation of the afore mentioned laws or regulations. User hereby waives any rights of subrogation against Bin and Pallet Company with respect to any of the above-mentioned risks. 

 User Acknowledges: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (2) Bin and Pallet Company has made no representation concerning the applicability of any such Law to any transaction or to User, except as otherwise indicated herein; (3) Bin and Pallet Company has made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Item; and (4) User is advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Item. 

 Downloading Information/Material: User hereby releases Bin and Pallet Company, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or Materials from the Website. 

 Dispute Resolution:

YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER OR BIN AND PALLET COMPANY ARISING OUT OF OR RELATING TO THESE TERMS, AGREEMENTS, ANY SALE OF EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY THESE TERMS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE. DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES. BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION, WHICH IS A PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT EMPOWERED TO IMPOSE A SETTLEMENT. MEDIATION SHALL BE CONDUCTED IN KALAMAZOO, MICHIGAN, BY A MEDIATOR AFFILIATED WITH THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNLESS THE PARTIES MUTUALLY AGREE TO A DIFFERENT MEDIATOR. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A DEMAND FOR BINDING ARBITRATION TO BE CONDUCTED IN ACCORDANCE WITH THE RULES OF COMMERCIAL ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION. A SINGLE ARBITRATOR WITH KNOWLEDGE OF THE AUCTION INDUSTRY SHALL CONDUCT THE ARBITRATION IN KALAMAZOO, MICHIGAN. THE PARTIES SHALL MUTUALLY AGREE UPON SUCH ARBITRATOR. IN THE EVENT THAT THE PARTIES HAVE NOT AGREED TO A MUTUALLY ACCEPTABLE ARBITRATOR WITHIN THIRTY (30) DAYS OF THE DATE OF THE NOTICE OF INTENTION TO ARBITRATE, THE AAA SHALL SELECT THE ARBITRATOR FROM ITS REGULARLY MAINTAINED LIST OF COMMERCIAL ARBITRATORS. THE ARBITRATOR SHALL BE BOUND TO APPLY THE LAW, INCLUDING THE FEDERAL RULES OF EVIDENCE AND THE FEDERAL RULES OF CIVIL PROCEDURE, AND SHALL BE EMPOWERED TO HEAR AND DETERMINE DISPOSITIVE MOTIONS INCLUDING MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT. THE PARTIES SHALL HAVE THE RIGHT TO CONDUCT TWO DEPOSITIONS OF EACH OPPOSING PARTY. THE AGGREGATE DEPOSITION DISCOVERY CONDUCTED IN CONNECTION WITH ANY SUCH ARBITRATION HEARING SHALL NOT EXCEED TEN HOURS FOR EACH PARTY. THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE INJUNCTIONS AND ATTACHMENTS AND OTHER EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES. THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CONSEQUENTIAL, PUNITIVE OR TREBLEDAMAGES, OR ANY OTHER MANNER OF ENHANCED DAMAGES. THE PREVAILING PARTY IN ANY ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEYS' FEES AND COSTS. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY TO THE DISPUTE MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN KALAMAZOO, MICHIGAN AND ENFORCE THE AWARD AS A JUDGMENT. EXCEPT FOR THE FILING OF A JUDICIAL ACTION TO CONFIRM, MODIFY, VACATE, OR ENFORCE AN ARBITRATOR'S AWARD, INCLUDING THE AWARD OF AN INJUNCTION OR ATTACHMENT, WHICH FILING IS PERMISSIBLE, ANY PARTY WHO INITIATES LITIGATION, OR WHO INITIATES ARBITRATION WITHOUT FIRST MEDIATING A DISPUTE, SHALL FORFEIT ANY AND ALL RIGHT TO ATTORNEYS' FEES AND COSTS AS A PREVAILING PARTY, AND SHALL REIMBURSE ANY OTHER PARTY TO THE LITIGATION FOR THEIR COSTS OF LITIGATION INCLUDING ATTORNEYS' FEES AND COSTS.

Entire Agreement: These Terms set out the entire understanding between Bin and Pallet Company and customers, users, Sellers, and bidders with respect to the use of this Website. No other terms, whether expressed or implied, shall apply unless specifically incorporated by reference herein. 

Waiver and Severability of Terms: The failure of Bin and Pallet Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.