DUE TO TRADEMARK AGREEMENTS, PLEASE NOTE THIS AGREEMENT CONCERNS SEARS, K-MART, KAY BEE TOYS, MACY'S, BLOOMINGDALES, STERNS, LAZARUS STORES, JC PENNY'S, ECKERDS, WALGREENS, ROSES, TARGET WALMART, VICTORIA SECRETS AND APPLIES TO ALL DEPARTMENT STORES & CATALOGUE MERCHANDISE NOT MENTIONED HEREIN.
You are in agreement and aware/advised NOT to advertise using the above mentioned stores. I.E. Internet Flyers, Displays or any other marketing method. Labels, tags must be removed or defaced. Should you be found The closeout Club, Inc., and the above mentioned stores or catalogue companies may terminate you from purchasing loads in the future.
Merchandise is sold in AS-IS condition with no guarantees whatsoever of any kind implied. There are NO REFUNDS, Credits, RETURNS offered. The Closeout Club., will not be held liable for any dissatisfaction with regards to the sale or quality of merchandise. Loads are offered based on department stores figures such as wholesale or retail value, some loads are sold in bulk with no values given or implied. Other merchandise may be sold by the piece or pallet, with no value given.
SALES OF SEARS HARDGOODS TOOLS/CRAFTSMEN LOAD: Only applicable if you purchased a load of Sears Hardgoods/Tools/ Craftsmen category. You are in agreement not to advertise the Craftsmen name via internet promotion, Ebay, flyers, print publications etc..; you agree to deface the craftsmen label from every item. Should you fail to do so, you may face confiscation of the load in its entirety due to trademark laws and regulations. The Closeout Club and Sears/Genco has the right to remove the load from your facility should you fail to comply. Additionally any other charges such as freight charges back to the facility will be at your expense.
Other Charges: Any other additional charges other than the sale of goods is the responsibility of the purchaser. Purchaser is responsible for transport fees from the distribution centers, reclamation centers, warehouses and F.O.B. origin. Any additional transport fees or shortages must be claimed directly to the transport company and not to The Closeout Club, Inc.
If you are reselling or acting as a broker, the agreement is enforced and is required by The Closeout Club, Inc., prior to shipping merchandise. You must not misrepresent any loads whatsoever. The Closeout Club, Inc., will redirect the purchaser back to you.
A copy of the Agreement is held on file and must be signed at the time of each invoice regardless if you purchase loads often. The agreement shall be govern by the State of Florida. If action is perused regarding this signed agreement, each party will accept to litigate in the state and federal courts of Dade County located in Miami, Florida.
The Services and offers are available only to individuals or entities that can form legally binding contracts. Without limiting the foregoing, minors in any jurisdiction may not participate in the Services. The Company reserves the right to review and verify the information provided in your registration application and to, at its sole discretion, postpone or reject your registration approval. When the Company has notified a User that their registration form has been approved, the User will become a "Registered User" and shall be permitted to use the Site and Services. The Company reserves the right, at its sole discretion, to review the status and compliance of any User with the terms of this User Agreement and to suspend or terminate a User's use of the Site and Services without notice.
Each User agrees that all of the information provided in their registration application is timely, true and correct, including, but not limited to, the User's legal name, address, phone number, fax number, e-mail address, and other personal and business information. You agree to promptly notify the Company should the User information provided need to be updated, changed or deleted. Any requested changes to the shipping address must be made within 24 hours or order confirmation and before payment has been applied to the pending transaction. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your use of the Services. User understands that email will be the primary medium for Company to communicate information about the auctions.
The Closeout Club, in its discretion, but is not obligated to, monitor material, content and information on the Site, to determine compliance with the terms and conditions of this User Agreement and current and future operating procedures and rules of conduct established by the Company. The Company may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out the terms of this User Agreement, to protect the rights of the Company, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, information, or court order submitted or transmitted to the Company. The Company reserves the right, at its sole discretion and without liability to any User, to amend, edit, remove or otherwise block any material posted by a User which may, in the Company's sole discretion, violate any state, federal or local law or violate any aspect of this User Agreement or in order to limit the Company's liability. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company's Site.
Services (or any features within the Services) may vary for different regions countries or Sellers. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. The Closeout Club, May in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
With respect to each listing and the sale of assets of specific sale, offer or listing, a disclosure containing Additional terms and condition of that listing such as Currency, payment terms, clearance and title transfers, or restrictions, may be required to enter into a separate agreement, whether online or offline, thecloseoutclub.com (The Closeoutclub)
The Additional Agreement may be a supplemental Agreement relating to specific transaction and notice however incorporated by reference into this user agreement for purposes over specific sale as described. "). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that listing, sale or Service concerned.
Each user represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any the Content that you submit, post or display and upload publicly; (b) Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); and (c) Permission and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
You agrees that the Content that you submit, post or display warrants the following:
Be Honest, complete and lawful;
User must Not Misrepresent, Falsify information nor deceive prospective clients
Content should not reflect any defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
Users must not promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Never Violate the Product Listing Policy, other Terms or any applicable Additional Agreements
Never violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
Not cross promote by using any links directly or indirectly to any other web Sites which includes any content that may violate the Terms.
Comply and carry activities with any applicable laws and regulations; including the Terms and any applicable Additional Agreements
conduct your business transactions with other users of the Sites anonymously;
To never defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
not engage in spamming or phishing;
not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
not involve any scheme to undermine the integrity of the data, systems or networks used by thecloseoutclub.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
Not engage in any activities that would otherwise create any liability for thecloseoutclub.com or our affiliates.
User acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
The Closeoutclub, reserves the right to refuse to do business with any party and may limit, suspend, restrict or terminate our services and access to the site and activities on our site, online and offline and without notice to you.
Users may terminate their right to use the site or services pursuant to this user Agreement. Buyers may disengage at any time unless a commitment, order, offer and transaction is in place. This agreement will not relieve you of any purchases made via thecloseoutclub.com obligations.
Vendors and sellers must notify us 30 days prior to termination, no refunds are issued if subscriptions are paid in yearly discount rate. Termination will not relieve you of pending transactions, shipments and client review from this agreement
Should thecloseoutclub.com believe that user actions may cause financial loss or legal liability to thecloseoutclub.com or our affiliates or any other Users are considered under breach of Contract. And legal Action will be sought to remedy this breach.
thecloseoutclub.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, thecloseoutclub.com may disclose user's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. closeoutclub shall not be liable for damages or results arising from such disclosure, and users agrees not to bring any action or claim against thecloseoutclub.com for such disclosure.
The Terms may not otherwise be modified without permission from The Closeoutclub
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
The Closeout Club, Inc.,
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