Website Terms of Use
Last updated: June 18, 2026 (Version 2026-06-18)
These Website Terms of Use (“Terms”) govern your access to and use of the website at marketplaceprep.com and any related pages, tools, and content (the “Site”), operated by Marketplace Prep LLC (“Marketplace Prep,” “we,” “us,” or “our”). These Terms apply to every visitor and user of the Site, whether or not you ever become a customer.
If you are also a Marketplace Prep customer, these Website Terms govern your use of this website and any dispute arising from your visit to or use of the Site, including our data, privacy, cookie, advertising, and analytics practices. Your separate Terms of Service govern the provision of warehousing, prep, and fulfillment services. If there is a conflict about which document applies to a website-related dispute, these Website Terms control.
Section 9 contains a binding arbitration agreement, a class action waiver, and a jury trial waiver. They affect your legal rights and how disputes between you and us are resolved. You may opt out of the arbitration agreement within 30 days as described in Section 9.6.
1. Acceptance of these Terms
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, which are incorporated here by reference. If you do not agree to these Terms, do not access or use the Site. Your continued use of the Site after any change to these Terms means you accept the updated Terms.
2. Privacy, Cookies, and Consent to Tracking Technologies
We use cookies and similar technologies on the Site, including analytics and advertising technologies operated by third parties. The specific categories, the vendors involved, and how to control them are described in our Cookie Policy and Privacy Policy.
When you first visit the Site, you are presented with a consent banner. Non-essential cookies and tracking technologies, including analytics and advertising pixels, are set to denied until you affirmatively opt in. You may change or withdraw your choices at any time using the cookie settings control on the Site. We honor recognized browser-based opt-out signals, including the Global Privacy Control (GPC), as a request to opt out of the sale or sharing of personal information where applicable law requires.
By choosing to opt in through the consent banner, or by otherwise enabling these technologies, you consent to the collection and processing described in the Cookie Policy and Privacy Policy. California residents have additional rights described in our Do Not Sell or Share My Personal Information page.
3. Electronic Communications
When you use the Site or submit a form, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Acceptable Use
You agree not to use the Site to do any of the following:
- Violate any applicable law or regulation.
- Attempt to gain unauthorized access to the Site, its servers, or any connected systems.
- Introduce malware or interfere with the operation or security of the Site.
- Scrape, harvest, or collect data from the Site by automated means except as permitted by our robots file or with our prior written consent.
- Use the Site to send unsolicited communications or to impersonate any person or entity.
5. Intellectual Property
The Site and its content, including text, graphics, logos, and software, are owned by or licensed to Marketplace Prep and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own informational and business purposes. No other rights are granted.
Trademarks and third-party names. Amazon, FBA, Fulfillment by Amazon, Seller Central, and related names, logos, and marks are trademarks of Amazon.com, Inc. or its affiliates. Other product, service, company, carrier, software, and marketplace names referenced on the Site are the trademarks or registered trademarks of their respective owners. Any such reference is for identification and descriptive purposes only and constitutes nominative fair use. Marketplace Prep is an independent third-party logistics and prep provider. We are not affiliated with, authorized by, endorsed by, or sponsored by Amazon or by any other marketplace, carrier, or platform named on the Site, and no such affiliation or endorsement should be inferred.
6. Third-Party Links and Services
The Site may link to or rely on third-party websites and services. We do not control and are not responsible for the content, policies, or practices of any third party. Your use of a third-party site or service is governed by that third party’s own terms and privacy policy.
7. Disclaimers
The Site and all content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error free, or secure. Any quotes, estimates, or pricing tools on the Site are for general informational purposes only and are not binding offers.
8. Limitation of Liability
To the fullest extent permitted by law, Marketplace Prep and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or relating to your access to or use of the Site. To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Site will not exceed one hundred United States dollars (USD 100).
Nothing in this Section limits liability that cannot be limited under applicable law, including liability for claims under statutes that provide for statutory damages and prohibit such a limitation. This cap does not apply to those claims.
9. Dispute Resolution, Binding Arbitration, Class Action Waiver, and Jury Trial Waiver
This Section requires you and Marketplace Prep to resolve disputes through binding individual arbitration, waives the right to a jury trial, and waives the right to participate in a class or representative action. You have the right to opt out of arbitration within 30 days as described in Section 9.6.
9.1 Scope
You and Marketplace Prep agree that any dispute, claim, or controversy arising out of or relating in any way to the Site, these Terms, your use of the Site, or our data, privacy, cookie, advertising, or analytics practices, including claims under any federal or state statute such as the California Invasion of Privacy Act and similar laws, will be resolved exclusively through binding individual arbitration, and not in court, except as stated in Section 9.5. This agreement to arbitrate is intended to be broad.
9.2 Federal Arbitration Act
This Section is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 and following, and evidences a transaction involving interstate commerce. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. The only exceptions are that a court, and not the arbitrator, will decide (a) the enforceability of the class action waiver in Section 9.7, (b) whether any claim may proceed as a class, collective, or representative action, and (c) the preservation of the right to seek public injunctive relief under Section 9.9. These exceptions are intended to keep the delegation in this Section clear and unmistakable.
9.3 Informal Resolution First
Before starting an arbitration, you agree to first contact us through our contact form and provide a brief written description of the dispute and the relief you seek. You and Marketplace Prep will try in good faith to resolve the dispute informally for at least 60 days after that notice. If the dispute is not resolved within that period, either party may begin arbitration.
9.4 Arbitration Procedure
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. If the AAA is unavailable, the parties will agree on a substitute administrator, or a court may appoint one. The arbitration will be conducted in the English language. The arbitration locale will be determined under the AAA Consumer Arbitration Rules. If you are a consumer, the arbitration will be conducted in the county of your residence or by videoconference, at your election, consistent with those Rules. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
Arbitration fees will be governed by the AAA Consumer Arbitration Rules and the AAA consumer fee schedule. For any arbitration you commence, Marketplace Prep will pay all AAA administrative and arbitrator fees that exceed the fees you would have paid to file the same claim in a Tarrant County, Texas court. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator provides otherwise.
9.5 Exceptions
Either party may bring an individual claim in a small claims court that has jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to prevent unauthorized access to the Site, without waiving the arbitration agreement for any other claim.
9.6 Your Right to Opt Out of Arbitration
You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms. The date you first accept these Terms is the date you first check a consent box referencing these Terms on one of our forms or, if you do not submit a form, the date you first use the Site. To opt out, submit written notice through our contact form that includes your name and a clear statement that you opt out of the arbitration agreement in the Website Terms of Use. We will confirm receipt of your opt-out. If you do not receive a confirmation within 5 business days, a dated copy of your submission is sufficient proof that you opted out. If you opt out, the class action waiver and jury trial waiver in Sections 9.7 and 9.8 still apply to the extent permitted by law, and disputes will proceed in the courts identified in Section 11. Opting out of arbitration has no other effect on your relationship with us.
9.7 Class Action Waiver
YOU AND MARKETPLACE PREP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, will be severed from the arbitration and may be brought in the courts identified in Section 11, while all other claims remain in arbitration.
9.8 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MARKETPLACE PREP EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING THAT FOR ANY REASON PROCEEDS IN COURT RATHER THAN IN ARBITRATION.
9.9 Public Injunctive Relief and Severability of this Section
Nothing in this arbitration agreement waives any right to seek public injunctive relief that cannot be waived under applicable law. If a claim for public injunctive relief is asserted, that specific claim may proceed in the courts identified in Section 11, and all other claims and requests for relief will remain in arbitration. This sentence is not severable from the rest of this Section only to the limited extent necessary to preserve the right to seek public injunctive relief; it does not invalidate the agreement to arbitrate all other claims.
Except as stated in the preceding paragraph and in Section 9.7, if any part of this Section 9 is found to be unenforceable, that part will be severed and the remainder will continue to apply.
10. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date and version above. Material changes will be effective when posted. Your continued use of the Site after the changes are posted means you accept the updated Terms for your future use. Material changes to the arbitration agreement in Section 9 will not apply retroactively to any dispute of which we already have actual notice, and will apply only on a going-forward basis after the updated effective date is posted.
11. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Subject to the arbitration agreement in Section 9, you and Marketplace Prep agree that any claim that proceeds in court will be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the personal jurisdiction of those courts.
12. Severability and Survival
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force. The provisions that by their nature should survive termination of your use of the Site, including Sections 5, 7, 8, 9, 11, and 12, will survive.
13. Contact
If you have questions about these Terms, please reach us through our contact form.