Terms of Service (United States)

These Terms of Service ("Terms") govern your access to and use of PuckYard (the "Service") in the United States. PuckYard is a marketplace where private individuals and hockey clubs sell ice-hockey gear they no longer need directly to each other. It is operated by Explicants ("we", "us", "our"), a business registered in Denmark (CVR no. 39756560). We have no office in the United States; the Service is offered to you from Denmark. By creating an account, posting a listing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms apply when you use the Service in its United States market (the addresses that begin with /en-us/). Our Danish market has its own Terms, which apply there.

1. About PuckYard

PuckYard is a platform where private individuals and hockey clubs post listings of ice-hockey equipment they no longer need, used or still unused, and contact each other to arrange the handover: in-person pickup, or shipping where both of them agree to it. Sellers must be private individuals or hockey clubs: stores and other businesses may not sell on the Service, and nobody may sell in the course of a business. A club may list gear it owns and no longer needs; a club store that buys gear to resell is a business. We are not a party to any sale. We do not process payments, do not hold inventory, do not ship items, and do not act as broker, agent, insurer, or escrow service. Buyers and sellers transact directly with each other and arrange payment and handover themselves.

Using PuckYard is free of charge for buyers and sellers alike: there are no listing fees and no commission.

2. Eligibility

You must be at least 18 years old to create an account and use the Service on your own. If you are 13 to 17 years old, you may use the Service only with the permission and under the supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use. Children under 13 may not use the Service, and we do not knowingly collect information from them (see our Privacy Policy). By using the Service you represent that you meet these requirements and have the legal capacity to enter into a binding agreement.

3. Your account

You sign in using your email address and a one-time code we send to that address. You are responsible for keeping your sign-in email secure and for all activity that takes place under your account. Each account is personal: you may not transfer, share, or sell access to your account.

You may close your account at any time from the Account page (Privacy & data, then Delete my account). Deletion removes your profile and listings; messages you sent are retained for the other party's context but your name is shown as "Deleted user".

4. Listings and content

When you post a listing you confirm that:

We reserve the right to remove or edit any listing that we believe, in our reasonable judgment, violates these Terms, our community standards, or applicable law, with or without notice.

5. Buyer and seller transactions

All transactions take place directly between the buyer and the seller. We do not process payments and do not provide refunds. The parties agree the price, the time, the place, and the method of payment themselves, and each is responsible for keeping their side of that agreement.

We strongly recommend meeting in a public place during daylight hours and inspecting the item before handing over payment. Do not send money for an item you have not seen unless you accept that risk, and prefer payment methods that offer buyer protection. Keep the conversation on PuckYard until you have agreed where to meet, and never share payment-card details in a message.

Protective equipment such as helmets and face masks may carry certification stickers (for example HECC or CSA) with expiration dates, and USA Hockey and many leagues require valid certification for play. We do not verify certification, fit, or safety of any item: check the stickers, the dates, and the condition yourself before you buy, and replace a helmet that has taken a hard impact.

Any sales, use, or income tax that applies to a sale is the responsibility of the parties. We do not collect or remit taxes and we do not issue tax forms for sales between users. We are not responsible for the condition of items, the conduct of either party, the safety of a meeting, or any dispute that arises from a transaction.

6. Shipping

A seller may offer shipping as a handover option. Where both parties agree to ship, shipping is arranged and paid for between them: we do not provide shipping labels, tracking, insurance, or any delivery guarantee, and we do not hold the payment while the item is in transit. Before paying for a shipped item, agree on the carrier, the cost, who bears the risk if the item is lost or damaged in transit, and how you will confirm delivery. The seller is responsible for packing the item properly and for following the carrier's rules (for example, on aerosols and lithium batteries in training equipment). A shipped item is still a private sale between the two of you, and sections 5 and 12 to 14 apply to it in full.

7. Acceptable use

You agree not to use the Service to:

8. Reporting and moderation

If you see a listing, message, or user that violates these Terms, use the Report function on the listing page, the seller's profile, or the conversation. Reports are reviewed by a moderator and may result in the content being hidden or the account being banned. We respect the reporter's confidentiality.

If a conversation turns unpleasant, report the user from the conversation or from their profile. We may then hide their listings or ban their account.

9. Suspension and termination

We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms or applicable law, or if your continued use creates a material risk for other users. You may also stop using the Service and delete your account at any time.

Sections that by their nature should survive termination, including 5 and 6 (no transaction or shipping guarantee), 10 (intellectual property), 12 to 14 (warranty disclaimer, limitation of liability, and indemnification), 17 (governing law and disputes), and 18 (general terms), remain in effect after your account ends.

10. Intellectual property

PuckYard, including its design, code, branding, and all proprietary text, is owned by Explicants and protected by Danish, European Union, and United States intellectual property law, including copyright and trademark law. "PuckYard" is our trade name. You may not copy, modify, distribute, or create derivative works from the Service without our written permission.

You retain ownership of the content you post (listing text, photos, messages). By posting, you grant Explicants a non-exclusive, royalty-free, worldwide license to host, display, reproduce, and distribute that content as needed to operate and promote the Service. The license ends when you delete the content or your account, except where retention is required to comply with law, resolve disputes, or enforce these Terms.

11. Copyright complaints (DMCA)

We respect the intellectual property of others and respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. Section 512. If you believe that content on the Service infringes a copyright you own or represent, send a written notice to us at [email protected] with the subject "DMCA notice" that includes:

We may forward your notice, including your contact details, to the user who posted the material. A user whose content has been removed and who believes the removal was a mistake or misidentification may send us a counter-notice containing the elements listed in Section 512(g)(3). We terminate the accounts of users who are repeat infringers. Knowingly making a false claim of infringement may expose you to liability under Section 512(f).

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE MAKE NO WARRANTY ABOUT ANY ITEM, LISTING, USER, TRANSACTION, SHIPMENT, OR MESSAGE ON THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK.

Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case they apply to the fullest extent your state's law allows.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXPLICANTS AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, DATA, GOODWILL, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR ANY TRANSACTION, MEETING, OR SHIPMENT BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE SERVICE IS FREE OF CHARGE, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100).

Some states do not allow the limitation of incidental or consequential damages, so some of the above may not apply to you. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under the law that applies to you, including liability for fraud, gross negligence, or willful misconduct, or under mandatory consumer-protection law.

14. Indemnification

To the extent permitted by the law of your state, you agree to indemnify and hold Explicants harmless from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from your content, your use of the Service, a sale or shipment you take part in, your violation of these Terms, or your violation of any third-party right.

15. Electronic communications

By using the Service you consent to receive communications from us electronically, by email to the address on your account or by notices posted on the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. The emails we send today are sign-in codes and account notices (a new message, a reservation, a changed recovery address). We do not send marketing email. If we ever do, we will ask for your consent first, and each message will identify us as the sender and carry a working unsubscribe link, as the CAN-SPAM Act requires.

16. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service or legal requirements. When we do, we will post the updated version here with a new "Last updated" date and, for material changes, notify active accounts by email. Your continued use of the Service after the changes take effect constitutes your acceptance of the new Terms. If you do not agree to a change, stop using the Service and delete your account before it takes effect.

17. Governing law and disputes

These Terms are governed by the laws of Denmark, without regard to conflict-of-laws rules, because that is where Explicants is established and operates the Service from. Any dispute arising under these Terms or relating to the Service will be brought in the courts of Denmark.

If you are a consumer resident in the United States, this choice of law and forum does not deprive you of the protection of any consumer-protection law of your state of residence that cannot be waived by agreement, and you may bring a claim that qualifies in the small-claims court of the county where you live. Before starting any proceeding, please contact us: we aim to resolve disagreements informally within 30 days, and most can be.

18. General terms

19. Notice to California residents

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Service is provided by Explicants, whose address is in section 20 below. Residents of California may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Contact

Explicants
CVR no. 39756560 (Danish business register)
Else Alfelts Vej 91, 3. th
2300 København S
Denmark

For questions about these Terms, please contact us.