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Use of this Site
All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of B-Stock or its respective suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a resource for choosing inventory products for purchase and purchasing such products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited
You agree to use the Site and any Services at your sole risk and acknowledge that B-Stock, our vendors and their respective affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. B-Stock will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from B-Stock on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox and Microsoft Explorer).
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Unless otherwise noted, all Contents include copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by B-Stock or our vendors, one of its affiliates or by third parties who have licensed their materials to B-Stock or our vendors and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of B-Stock and is also protected by U.S. and international copyright laws.
B-Stock and its vendors, suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of B-Stock's or any third party's intellectual property rights.
The vendor names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the respective vendor or manufacturer. The B-Stock name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of B-Stock. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply B-Stock's endorsement, sponsorship or recommendation of the third party, information, product or service. B-Stock is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to B-Stock Solutions in connection with your use of this Site and the Services (collectively, the "Comments") shall be and remain B-Stock's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to B-Stock of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, B-Stock will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. B-Stock will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. B-Stock is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to B-Stock will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL B-STOCK, OUR VENDORS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF B-STOCK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL B-STOCK BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Terms of Purchase
1. Acceptance of Terms of Purchase
2. Additional Definitions
2.1. "Buyer" or "you" or "your" shall mean the individual who purchases Inventory Products from any Vendor through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
2.2. A "Completed Purchase" occurs when the Purchase Price for the Inventory Products has been received in the B-Stock account, on behalf of Vendor, specified in the Email Invoice.
2.3. "Extended Bidding" shall mean the circumstance where the closing time of a Listing is extended by some number of minutes ("x") as a result of a bid being placed within a certain number of minutes ("y") prior to the current closing time of a Listing. The values of X and Y can differ from Listing to Listing. For example, if a bid is placed in the final Y minutes of the original end time for a particular Listing, the bidding period will be extended by X minutes. If a bid is then placed within Y minutes before the new end time, the bidding period will be extended again for X minutes until there are no new bids placed for that auction asset for Y minutes.
2.4. "Inventory Products" shall mean our vendors' inventory products that are available for purchase on the Site under the terms described herein.
2.5. "Listing" shall mean the content on the Site associated with particular Inventory Products, including, but not limited to, the description and quantity of the Inventory Products. Our vendors and B-Stock shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Inventory Products placed after such modification had been made.
2.6. "Promotional Content" shall mean any and all information, service or content provided by our vendors, B-Stock or their agents in any medium in connection with these Terms of Purchase, including promotional content and Listings to be displayed on the Site.
3. Sale Process
3.1. Inventory Products. Inventory Products are in various conditions. Such condition will be explained in the listing details. Products may be new, previously used and refurbished, or used and 'as-is', including defective. The specific condition of any Listing will be clearly disclosed within the description of such Listing.
3.2. Sale Process. B-Stock is a service provider and is an agent of our vendors for Inventory Products listed on the Site. B-Stock will be your primary point of contact regarding all Listing, bidding, payment and customer service issues. Inventory Products will be sold pursuant to the process set forth in this Section 3 (the "Sale"). If you wish to bid on Inventory Products, you will be required to enter your bid amount. Your bid must be (i) in an amount equal to or greater than the "next bid required" and (ii) placed before the scheduled closing time for such Listing (including any additional time added for Extended Bidding). If your bid is deemed the winning bid you will receive an invoice by email from B-Stock (the "Email Invoice") at the email address you provided when you registered for your account, as updated by you from time to time by following instructions on the Site. It is your responsibility to keep your email address current and to timely check your email to determine if you are the winning bidder for any Sale in which you participated. Neither our vendors nor B-Stock is not responsible for the failure of an Email Invoice to reach a winning bidder for any reason, including, but not limited to, technical problems or other system error.
3.4 Reserve Price. Your bid must meet or exceed the reserve price, if any. The reserve price, if any, remains confidential until a bid exceeds such amount.
4. Conditions to Sale; Payment
4.2. Please note that there may be certain bids and purchases that Vendors or B-Stock are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any bid or purchase for any reason. Some situations that may result in your bid or purchase being canceled include, but are not limited to, inaccuracies or errors in product or bid information, or problems identified by B-Stock's credit and fraud avoidance departments. While our vendors and B-Stock strive to provide accurate product and bid information, typographical or system errors may occur. In the event that bids for Inventory Products are incorrectly listed or Inventory Products are listed with incorrect information due to an error in quantity or other product information, either our vendors or B-Stock shall have the right, at our sole discretion, to refuse or cancel any purchases of such Inventory Products. In the event that a bid or purchase must be cancelled, we will cancel your bid or purchase and notify you by email of such cancellation.
5. Removal and Acceptance of Inventory products
5.1. Title; Risk of Loss. Title to the Inventory Products shall remain with Vendor until you take possession of the Inventory Products. You expressly acknowledge that risk of loss and liability for the Inventory Products shall pass to you upon your or your agent's receipt of the Inventory Products at your Location as given to us in your registration information or upon pickup by a carrier appointed by you, if you choose to use your own carrier. You or your agent shall have the right to count the number of pallets containing the Inventory Products to confirm the quantity of pallets matches the shipping manifest prior to accepting possession. You expressly acknowledge and agree that you shall have no right to refuse or return the Inventory Products after accepting possession of the Inventory Products at your Location. If you fail to accept the delivery of such Inventory Products and they are returned to Vendor, B-Stock will have to re-initiate a new shipment. You will be responsible for paying for the cost of reshipment.
5.2. Acceptance. Your acceptance of possession of the Inventory Products from Vendor shall constitute an unqualified acceptance of the Inventory Products and a waiver by you of all claims with respect thereto except as set forth in Section 5.3. All sales are final.
5.3. Inspection. You shall have twenty four (24) hours from the date of delivery of Inventory Products to you in accordance with Section 5.1 and 5.2. to inspect the shipment for any discrepancies in the stated quantity in the Listing and report such discrepancy to B-Stock in writing (to firstname.lastname@example.org). Vendor reserves the right to conduct an additional inspection at its own expense. If Venor agrees that an underdelivery has occurred, Vendor will reimburse you for any acknowledged underdelivery. Such reimbursement may be in the form of an offset against any payments you may owe to B-Stock for Vendor merchandise, at Vendor's discretion. Following such twenty-four (24) hour inspection period, you shall no longer have the right to claim any reimbursement for underdelivery.
5.4. Further Assurances. Each party agrees that it will execute and deliver, or cause to be executed and delivered, all such other instruments, and it will take all reasonable actions, as may be necessary to transfer and convey the Inventory Products to Buyer and to consummate the transactions contemplated herein.
6. Privacy and Confidentiality
6.1. Confidential Information. Each of Vendor, B-Stock and you acknowledge that by reason of its respective relationship to the others hereunder it will have access to certain information and materials concerning those parties' business that is confidential and of substantial value to those parties, which value would be impaired if such information were disclosed to third parties. Each party shall take every reasonable precaution to protect the confidentiality of such information. Notwithstanding the foregoing, you understand that B-Stock and Vendor will have access to confidential information pertaining to you. You may not make any public announcement about these Terms of Purchase without B-Stock prior written approval and consent. Notwithstanding anything in this Section 6.1 to the contrary, any information (i) already in the public domain, (ii) independently developed by the recipient without the use of or access to another party's confidential information, or (iii) released through no action or inaction by the receiving party, will not be considered confidential information hereunder. The receiving party may disclose the disclosing party's confidential information upon the order of any court of competent jurisdiction or as otherwise required by law or legal process, provided that prior to such disclosure the receiving party shall inform the disclosing party of such order, if permitted by law, in order to provide the disclosing party with an opportunity to contest such order or to seek such other protective action as the disclosing party may elect. You acknowledge and consent that Vendor and B-Stock will post all winning bid prices on the Site in real time as each Sale occurs and that such prices will remain visible to all users of the Site. This Section 6 shall survive each purchase transaction hereunder.
7. Representations and Indemnity
7.1. To Vendor's knowledge no third party has any rights to, or claims in connection with, the Inventory Products.
7.2. You shall indemnify and hold harmless Vendor and B-Stock and their respective subsidiaries, affiliates, officers, directors, agents, and employees, from any claim, demand, action, losses and/or costs, including reasonable attorneys' fees, due to or arising out of (i) your use of the Site or (ii) any subsequent sale, use or handling of the Inventory Products.
7.3. The indemnity obligation under this Section 7 shall survive each purchase transaction hereunder.
10. Breach of these Terms of Purchase If you fail to comply with any term or condition in these Terms of Purchase, B-Stock may immediately terminate your account, deactivate your password and seek any other remedy available to Vendor, B-Stock or its respective affiliates.
11. General Provisions
11.1. These Terms of Purchase will be governed by the laws of the State of California, without reference to its choice of law rules. No waiver of any provision of these Terms of Purchase shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing. The division of these Terms of Purchase into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Purchase.
11.2. Force Majeure. Neither Vendor nor B-Stock shall be liable to you for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Vendor's or B-Stock's reasonable control, whether or not of the kind specifically enumerated above.