The CloseoutsOnline.com website contains closeout information from liquidators and wholesales. All of the closeouts listed are prepared by the issuing companies. CloseoutsOnline.com does not accept responsibility for the accuracy of any of the submitted information. All users of this website hereby agree that the responsibility for verifying closeout information, credit information, supplier credentials, product suitability, scheduled delivery dates, payment terms and methods, and any other information obtained from this site is assumed by the user of this site and agrees to hold harmless CloseoutsOnline.com. Use of any part of this site constitutes acceptance of the terms and conditions of this site. These terms and conditions govern both registered and non-registered users of this site. If you do not agree to these terms and conditions, do not use this site. CloseoutsOnline.com is only a venue to transactions conducted by and between users of this site. CloseoutsOnline.com is not involved in any manner in the actual transaction between or by users of this site.
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The CloseoutsOnline.com site and Content available through the Service may contain features and functionality that may link you or provide you with access to third party content which is completely independent of CloseoutsOnline.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that CloseoutsOnline.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that CloseoutsOnline.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CloseoutsOnline.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another privacy, pornographic or is harmful to minors in any way.
b) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
c) that impersonates any person or entity, including, but not limited to, a CloseoutsOnline.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures).
d) that includes personal or identifying information about another person without that person’s explicit consent.
e) that is false, deceptive, misleading, deceitful or constitutes “bait and switch”.
f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
g) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
h) that constitutes or contains any form of advertising or solicitation if: posted in areas of the CloseoutsOnline.com sites which are not designated for such purposes; or emailed to CloseoutsOnline.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Deleware law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address:
j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
a) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
b) collect personal data about other users for commercial or unlawful purposes;
c) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by CloseoutsOnline.com;
d) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
e) use any form of automated device or computer program that enables the submission of postings on CloseoutsOnline.com without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
CloseoutsOnline.com email addresses or through CloseoutsOnline.com computer systems, which is expressly prohibited by these Terms. Any unauthorized use of CloseoutsOnline.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that CloseoutsOnline.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that CloseoutsOnline.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that CloseoutsOnline.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CloseoutsOnline.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. ACCESS TO THE SERVICE
CloseoutsOnline.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CloseoutsOnline.com.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
“General purpose internet search engine” does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified
ad listing services.
11. TERMINATION OF SERVICE
You agree that CloseoutsOnline.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of CloseoutsOnline.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of CloseoutsOnline.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. CloseoutsOnline.com is a registered mark in the U.S. Patent and Trademark Office.
Although CloseoutsOnline.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CloseoutsOnline.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant CloseoutsOnline.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE CloseoutsOnline.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CloseoutsOnline.com SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CloseoutsOnline.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CloseoutsOnline.com SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CloseoutsOnline.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CloseoutsOnline.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CloseoutsOnline.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CloseoutsOnline.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CloseoutsOnline.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CloseoutsOnline.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CloseoutsOnline.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CloseoutsOnline.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CloseoutsOnline.com SITE OR THE SERVICE, FROM INABILITY TO USE THE CloseoutsOnline.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CloseoutsOnline.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CloseoutsOnline.com SITE OR THE SERVICE OR ANY LINKS ON THE CloseoutsOnline.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CloseoutsOnline.com SITE OR THE SERVICE OR ANY LINKS ON THE CloseoutsOnline.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.