Terms of Service

No Flakin (noflakin.com; wontflake.com redirects there) is run by Northslate LLC. In these terms, "No Flakin," "we," "us," and "our" mean Northslate LLC. "You" means anyone who visits or uses No Flakin, with or without an account. "The site" means noflakin.com, any other site or service we run under the No Flakin name, and the texts and emails we send.

These terms, our Privacy Policy, any rules we post on the site, and any extra terms you accept for a paid feature (together, the "terms") are the whole agreement between you and us about No Flakin. If you don't agree, don't use the site.

If you use No Flakin for a business, you agree to these terms for that business too, and you promise you have the authority to do so. "You" then includes the business.

• You must be at least 18 years old and able to make a binding contract.
• No Flakin is for people in the United States. We built it for California's Central Valley. Listings must be for items located in the United States.
• You can't use No Flakin if we have suspended or closed your account before, unless we agree in writing, or if the law bars you from using it.

You can browse without an account. To post listings, send messages, leave ratings, or file disputes, you need one.

• One account per person. Don't make extra accounts, share an account, or use someone else's.
• Give accurate information, including your real name or the real name of your business, and keep it up to date.
• We verify phone numbers with a one-time code sent by text. Use a phone number that is yours and that you control. We may also verify your email address. We never show your phone number or email address to other users.
• Keep your sign-in safe. You are responsible for everything done on your account unless it happened because of our own security failure. Tell us right away at support@noflakin.com if you think someone else is using it.
• Your account is personal to you. You can't sell, transfer, or give it to anyone else.
• We may refuse to open an account, or ask you to verify more information, if we think it is needed to keep the site safe.

No Flakin is a place for people to list, find, and talk about used construction and farm equipment, trucks, trailers, attachments, and tools. That is all we do.

• We are not a party to any sale. Every deal is only between the buyer and the seller.
• We do not handle payments between users, escrow, financing, shipping, delivery, or auctions. We don't hold, own, or take possession of any item, and we don't sell anything for anyone. Buyers and sellers arrange price, payment, pickup, title, and paperwork between themselves.
• We are not anyone's agent, broker, dealer, or auctioneer. Nothing on the site makes us partners, employees, or agents of any user.
• We don't inspect items, check that listings are accurate, confirm that a seller owns or has the right to sell an item, check titles, liens, or registration, or confirm that a buyer can pay.
• We don't vouch for any user. Phone verification, ratings, and flake counts are tools to help you decide; they are not background checks or promises about anyone.

You are responsible for deciding whether to deal with another user and for checking the item, the paperwork, and the person yourself.

The 48-hour rule is the heart of No Flakin. By posting a listing, you agree to it as a condition of listing.

• Reply within 48 hours. When a buyer sends their first message about your listing, a 48-hour clock starts for that buyer. A real reply from you stops it. Follow-up messages from the buyer don't restart it. If our screening holds a buyer's first message for review, the clock doesn't start until the message is released to you.
• Marking sold. You can mark a listing sold at any time, even while buyers are waiting on you. Everyone who messaged about it is told it sold, and no flake is recorded for a buyer who was still waiting.
• Missed deadlines. If a buyer's clock runs out, that listing becomes "temporarily inactive." It stays visible with a short explanation and is not deleted. It reopens for that buyer when you reply, and for everyone once you have replied to every waiting buyer.
• Flakes. A missed 48-hour deadline is recorded as a "flake" on your account and shown on your profile. A reported no-show after a conversation is also recorded as a flake against the person reported, unless it is successfully disputed. This applies to buyers and sellers.
• Listing pause. If you miss 3 deadlines in any 90 days, you can't post new listings for 7 days. Your existing listings are not affected by the pause.
• Away mode. If you'll be unavailable, turn on away mode. All your listings show as inactive, clocks are frozen, and no flakes are counted while it is on. When you turn it off, frozen clocks resume where they stopped. Away mode does not remove a flake already recorded.
• Disputes. Only the person a flake is recorded against can dispute it, using the dispute button on the site, within 30 days after it is recorded. Each flake can be disputed once. We review what both sides and the site's records show and decide. Our decision on a flake is final on the site. It does not decide any legal claim between users.
• Reminders and countdowns are a courtesy. We try to remind sellers before a deadline, but reminders, texts, and emails can be late or fail. The deadline still applies, so check your messages.

We run the 48-hour rule, flakes, and pauses at our discretion. We may correct, remove, or decide not to record a flake (for example, if the site made a mistake or there was an outage), and we may change how the rule works (see "Changes to No Flakin and these terms"). We don't promise any particular outcome from the rule, such as a reply, a sale, or a buyer who shows up.

When you post a listing, you promise that:

• You own the item, or you have the legal authority to sell it (for example, as the owner's employee or authorized dealer), and nothing stops you from transferring it.
• The description, photos, year, make, model, hours, and condition are accurate and not misleading, and you have disclosed known defects, damage, repairs, liens, and title problems.
• The serial number, VIN, or product identification number you give is the real one for that item and has not been removed or altered.
• The price is the real price you will accept for that item. A price is required. No "$1" or placeholder prices, and no "call for price."
• Each listing is for one item, or one set of items sold together as a single lot, and you post it once. Don't repost the same item to stay at the top.
• The item is actually available. No bait listings: don't list something you don't have, or a low-priced item to steer buyers to a different one.
• The photos are of the actual item and are yours, or you have the right to use them.
• You will mark the item sold, or deactivate the listing, as soon as it is sold or no longer available.

We may edit a listing's category or formatting, ask you to fix a listing, or hide or remove any listing, at our discretion.

You may not list, offer, or ask for any of the following:

• Stolen goods, or anything you know or have reason to suspect may be stolen.
• Equipment, vehicles, trailers, or parts with a removed, altered, ground-off, or defaced serial number, VIN, or product identification plate. We treat these as possibly stolen.
• Items you can't legally sell, including items that belong to someone else, items that are repossessed or under a lien you have not disclosed and cleared, and leased or financed equipment you don't have the right to sell.
• Illegal items, and items that are illegal to sell, buy, own, or transfer in California or where the buyer or item is located.
• Weapons, firearms, firearm parts and accessories, ammunition, explosives, and fireworks.
• Recalled or unsafe equipment, unless the listing clearly discloses the recall or safety problem and the law allows the sale. Never list equipment with safety devices removed or disabled without saying so.
• Hazardous materials, chemicals, pesticides, or waste, except small amounts the law allows to come with an item (for example, fuel or oil in a machine).
• Counterfeit, replica, or knock-off items passed off as a real brand, and items that infringe someone else's trademark, copyright, or patent.
• Vehicles, trailers, or titled equipment without a title or registration where the law requires one, unless the listing clearly says so and the law allows the sale.
• Anything that needs a license, permit, or registration to sell that you don't have (for example, if you are acting as a vehicle dealer without a dealer license).
• Controlled substances, drug paraphernalia, live animals, real estate, services, jobs, rentals, and anything that is not used equipment, vehicles, trailers, attachments, parts, or tools.

We decide whether an item is allowed. We may remove a listing for any of these reasons without warning.

On No Flakin, or in dealings with people you met here, don't:

• Harass, threaten, bully, stalk, or abuse anyone, or send sexual content.
• Discriminate against anyone because of race, color, religion, sex, gender identity, sexual orientation, national origin, ancestry, age, disability, or any other trait protected by law.
• Scam or try to scam anyone. That includes fake listings, fake buyers, fake payment confirmations, overpayment and refund tricks, requests for deposits on items you don't have, phishing, and identity theft.
• Send spam, chain messages, ads for other businesses, or the same message to many people.
• Post fake ratings, rate yourself, trade or buy ratings, pressure someone over a rating, or file fake no-show reports or disputes.
• Use shill activity: posing as a buyer to push a price, or having friends or extra accounts message, rate, or report for you.
• Get around the contact-info filter, for example by spelling out a phone number, splitting it up, or putting it in a photo, before the seller has replied.
• Post anyone else's personal information, such as a phone number, email, or address, without their permission.
• Scrape, copy, or collect listings or user data, or use bots, scripts, or automated tools on the site, except search engines that follow our robots.txt.
• Make more than one account, or make a new account, to get around a pause, a suspension, a ban, or a limit.
• Use the site to plan or carry out fraud or other illegal acts off the site.
• Interfere with the site, including hacking, probing for weaknesses, overloading it, getting around rate limits or security, or sending viruses or harmful code.
• Pretend to be someone else, or to be from No Flakin.
• Help or encourage anyone else to do any of these things.

We set limits on how many messages, listings, reports, and verification codes an account can send in a period of time, to stop spam and abuse. Don't try to get around them.

Equipment theft hurts farmers and contractors, and we work to keep stolen equipment off No Flakin.

• We may remove any listing we suspect involves stolen equipment and keep it, the related messages, and account information, as evidence.
• We may report suspected stolen equipment or fraud to law enforcement, and we may share the listing's details, photos, and serial number or VIN with law enforcement, theft-recovery or equipment registry services, and the rightful owner. We share messages and account information with law enforcement as the law allows, as described in our Privacy Policy.
• We respond to valid legal requests, such as subpoenas, warrants, and court orders, and we may cooperate with police investigations without notifying you where the law allows or it is needed to protect someone.

If you think an item on No Flakin is yours or is stolen, report the listing on the site and contact your local law enforcement agency.

To keep No Flakin safe, messages and listing photos are checked by automated systems, including AI tools from third-party providers, for sexual content, harassment, and scams before other people see them. The contact-info filter also hides phone numbers and email addresses in a buyer's messages until the seller has replied in that conversation.

• Flagged content may be held for a person to review, edited to remove contact information, or not shown at all.
• Automatic screening makes mistakes in both directions. Some fine content will be held, and some bad content may get through. If something of yours is held or removed by mistake, contact us at support@noflakin.com.
• We may refuse, hold, hide, or remove any content, listing, rating, or message, and limit, pause, suspend, or close any account, at our discretion, including when we think it breaks these terms, puts anyone at risk, or exposes us to legal risk.
• We are not required to monitor or review anything on the site, and we are not responsible for content posted by users. If we review or don't review something, that doesn't make us responsible for it.

Once the seller has replied in a conversation, the buyer and the seller can each rate the other once, from 1 to 5 stars, and answer "Did they show up?" There are no written reviews.

• Ratings must be honest and based on a real conversation about a real item.
• Ratings and flake counts are the opinions and records of users and the site. They are not our statements about anyone.
• We may remove or not count ratings, no-show reports, or flakes that we think are fake, retaliatory, made in error, or break these terms. We don't otherwise change ratings, and we don't remove a rating just because someone doesn't like it.

"Your content" means the listings, photos, descriptions, messages, ratings, reports, and anything else you post or send on No Flakin. You keep ownership of your content.

You give us a non-exclusive, worldwide, royalty-free, transferable license (which we can sublicense to the service providers who help run the site) to host, store, copy, resize, crop, format, screen, display, distribute, and translate your content to run, improve, and protect No Flakin, and to promote the No Flakin marketplace. This includes showing your listings, listing photos, price, and town in our own marketing, in search engines, on social media, and in ads for the marketplace. We won't use your name or profile in an ad that suggests you endorse us without asking you first, and we won't sell your photos to anyone.

This license ends when you delete the content or your account, except: (a) for messages already delivered, which the other person keeps; (b) for ratings and flake records, which stay on the site under the name "Deleted user"; (c) for copies we need to keep under our Privacy Policy, such as backups and records kept for fraud prevention, disputes, or the law; and (d) for marketing materials already printed or published, which we will stop using within a reasonable time.

You promise you have all the rights needed to post your content and give us this license, and that your content doesn't break these terms, the law, or anyone else's rights. We may remove any content at any time.

Copyright complaints: if you believe content on No Flakin infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to our designated agent, Northslate LLC, at support@noflakin.com (subject "Copyright notice"). We will remove infringing content and close the accounts of repeat infringers when appropriate.

If you send us ideas, suggestions, or feedback about No Flakin, we may use them for any purpose without paying you or owing you anything. You give us a perpetual, irrevocable, worldwide, royalty-free license to do so. Please don't send us ideas you want to keep confidential.

Program: No Flakin listing alerts. If you check the box to get texts, you agree that No Flakin may send text messages to the mobile number you give us. We only text: 48-hour reply reminders for your listings, "listing went inactive" alerts, and one-time verification codes when you ask for one. We don't send marketing texts.

• Message frequency varies with your activity on the site (usually a few a month, more when buyers are waiting on you).
• Message and data rates may apply. Check your mobile plan.
• Reply STOP to any text to stop getting them. We may send one text confirming you have opted out. You can also turn texts off in your account settings. After you opt out, we will still tell you about your listings on the site and by email.
• Reply HELP for help, or contact us at support@noflakin.com.
• Agreeing to texts is not a condition of buying or selling anything, or of having an account.
• Carriers are not liable for delayed or undelivered messages.
• Texts may be sent by automated means. Tell us if your number changes or you give it up, so texts don't go to someone else.

Our Privacy Policy explains how we handle your phone number. We don't sell or share it for marketing.

By making an account, you agree that we may contact you by email and on the site about your account, listings, messages, reminders, safety, and changes to these terms. These are part of the service, so you can't opt out of them while you have an account. We will only send marketing emails if you agree, and every marketing email will have an unsubscribe link.

You agree that notices, agreements, and other messages we send electronically (on the site or to the email on your account) satisfy any legal requirement that they be in writing. A notice is received when we send it to that email or post it on the site.

• Meet in daylight in a public place or a business yard when you can, and bring someone with you. For heavy equipment, meet where the item is kept only if you are comfortable doing so.
• Inspect and test the item in person before you pay. Bring a mechanic if you're unsure.
• Check the serial number, VIN, or PIN against the paperwork. Check title, registration, and liens (for example with the DMV for titled vehicles and trailers, and a UCC lien search for equipment), and ask for a bill of sale.
• Never pay before you have seen the item. Be careful with wire transfers, gift cards, crypto, payment apps, and checks for more than the price.
• No Flakin will never ask you for payment, a deposit, or a verification fee for any item, and will never ask for your password or a code we texted you. Anyone who does is a scammer. Report them.

If you feel unsafe, leave and call 911. Report suspicious users and listings on the site.

These tips are not a complete safety guide, and following them doesn't guarantee a safe deal.

Unless the seller agrees otherwise in writing with the buyer, items are sold "as is, where is," with all faults, directly from the seller to the buyer. Any warranty, return, or promise about an item is between the buyer and seller only, and we are not bound by it.

Buyers and sellers are each responsible for following the laws that apply to their deal, including title transfer, registration, smog and emissions rules, sales and use tax, and any reporting requirements.

Because we are not a party to your deals, you release No Flakin, Northslate LLC, and our agents, contractors, and service providers from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with any dispute between you and another user, any item listed, bought, or sold, or any meeting or deal with another user. This release does not cover our own fraud, willful misconduct, gross negligence, or violation of law, or anything else the law does not allow to be released.

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you live somewhere else, you waive any similar law there.

No Flakin is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and that the site will be uninterrupted, secure, or error-free.

• We make no promises about any item, listing, user, rating, flake count, title, or price, or that any buyer or seller will reply, show up, pay, or deliver.
• AI tools may be wrong. Draft listing text, suggested categories, suggested replies and first messages, spam and lowball flags, and any "rough starting point" price are automated suggestions. They may be inaccurate or incomplete. A rough starting price is not an appraisal or a valuation, and you should not rely on it. Sellers are responsible for checking and correcting everything in their listing before posting it.
• Countdowns, reminders, notifications, texts, emails, and screening may be late, fail, or make mistakes.
• Distances and locations are approximate.

Some states don't allow certain warranties to be disclaimed, so some of this may not apply to you.

To the fullest extent the law allows, No Flakin, Northslate LLC, and our agents, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, use, or goodwill, or for the cost of substitute goods, even if we were told they were possible.

To the fullest extent the law allows, we are not liable for anything arising out of deals, meetings, or disputes between users, the items themselves, or content posted by users.

To the fullest extent the law allows, our total liability for all claims about No Flakin or these terms is limited to the greater of $100 or the amount you paid us in the 12 months before the claim arose. No Flakin is free today, so in most cases that means $100.

These limits apply to every kind of claim (contract, tort including negligence, statute, or otherwise) and even if a remedy fails of its essential purpose. They do not limit liability for our fraud, willful misconduct, or gross negligence, for death or personal injury caused by our negligence, or anything else that cannot be limited under the law that applies, including California Civil Code §1668. Some states don't allow these limits, so some may not apply to you.

You agree to defend, indemnify, and hold harmless No Flakin, Northslate LLC, and our agents, contractors, and service providers from any claim, demand, loss, damage, fine, or cost (including reasonable lawyer fees) that comes from: your listings or content; any item you list, sell, or buy; your deals, meetings, or disputes with other users; your breaking these terms or the law; or your violating anyone else's rights.

We may take control of the defense of any claim you must indemnify us for, and you will cooperate with us. You may not settle a claim that involves us without our written consent. This section does not require you to cover losses caused by our own fraud, gross negligence, or willful misconduct.

We may limit, pause, suspend, or close your account, remove or hide your listings and content, or block your access to No Flakin, at any time and at our discretion, including if: you break these terms or the law; we suspect fraud, theft, or abuse; another user or law enforcement reports you; your activity puts anyone or us at risk; or we stop offering the site.

• A suspended account can still sign in to read its messages, download its data, or delete the account, but it can't post or change listings, send messages, rate, report, or file disputes, and its listings are hidden from everyone else.
• We will usually tell you why, unless that would be unsafe, would help someone break the rules, or the law doesn't allow it. You can ask us to reconsider by emailing support@noflakin.com. Our decision is final on the site.
• If we suspend or close your account, don't make a new one without our written permission.
• We are not liable to you or anyone else for suspending or closing an account or removing content.

Sections that by their nature should last after your account ends will survive, including the license to existing content, the release, disclaimers, limits on liability, indemnity, and dispute resolution.

You can stop using No Flakin at any time, and you can delete your account from your account page. You can also download a copy of your data there first.

When you delete your account, we remove your name, email address, phone number, and sign-in, take down your listings, and stop your texts and emails. Your ratings, flakes, and conversations stay on the site under the name "Deleted user" so other users' records still add up, and the people you messaged keep their copy of the conversation. We keep some records as our Privacy Policy explains, for example to handle disputes, stop fraud and ban evasion, and follow the law.

Deleting your account doesn't cancel anything you owe under these terms, or claims that arose before you deleted it.

No Flakin is free to use today. We don't charge buyers or sellers to list, message, or rate.

We may offer optional paid features later, such as promoted listings or business accounts. Before you pay for one, we will show you its price and any extra terms, and you will only be charged if you agree. Payments for our paid features are handled by a payment processor.

Even then, we don't handle payments between buyers and sellers. Money for an item goes directly between the buyer and the seller.

We may show promoted listings or ads on the site, and we will label them. We may also link to or refer you to services run by other companies (for example, an auction house that could sell equipment that hasn't sold here). Those companies are not part of No Flakin, their own terms apply, we may be paid a referral fee, and we are not responsible for their services.

We may change, add, or remove features of No Flakin, or stop offering it, at any time.

We may update these terms. If a change is material, we will tell you by email or on the site at least 14 days before it takes effect, and we will update the "Last updated" date. Smaller changes, and changes required by law or for safety, take effect when posted. If you keep using No Flakin after a change takes effect, you accept the new terms. If you don't agree, stop using the site and delete your account.

A change to the "Resolving disputes with us" section won't apply to a dispute you already told us about before the change.

Please read this section carefully. It affects your legal rights. It applies to disputes between you and us, not to disputes between you and other users.

These terms and any dispute between you and us are governed by the Federal Arbitration Act for the arbitration agreement and otherwise by the laws of the State of California, without regard to its conflict-of-law rules.

Any dispute that is not arbitrated (including if you opt out) will be heard only in the state or federal courts located in Fresno County, California, and you and we agree to their jurisdiction. Where the law gives you the right to bring a case where you live, this paragraph doesn't take that away.

• Severability. If any part of these terms can't be enforced, it will be changed only as much as needed to make it enforceable, and the rest stays in effect (except as the "Resolving disputes with us" section says about the class-action waiver).
• Entire agreement. These terms (as defined in "Who we are and this agreement") are the whole agreement between you and us about No Flakin and replace any earlier agreements about it.
• Assignment. You can't transfer these terms or your account to anyone. We may transfer them, for example if No Flakin is sold, merged, or moved to a company we form, and these terms will then bind the new owner.
• No waiver. If we don't enforce part of these terms at some point, we can still enforce it later.
• Events outside our control. We are not responsible for delays or failures caused by things outside our reasonable control, such as outages at our hosting, text, or email providers, internet or power failures, fires, floods, storms, earthquakes, strikes, war, government action, or cyberattacks.
• Notices to us. Send legal notices to Northslate LLC by email at support@noflakin.com with the subject "Legal notice."
• No third-party rights. These terms don't give rights to anyone else, except that our agents, contractors, and service providers can rely on the release, limits on liability, and indemnity.
• Headings and examples. Headings are for convenience. Words like "including" and "for example" mean "including without limitation."
• California users. Under California Civil Code §1789.3, California users can contact 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 phone at (800) 952-5210. No Flakin is free to use today.

Questions about these terms? Email support@noflakin.com.