Conditions of Use TheStore
THIS DOCUMENT SHOULD BE READ BEFORE USING OR ACCESSING THESTORE WEBSITE OR RELATED SERVICES.
TheStore Site and Services is operated by Direct Liquidation LLP. (“Direct Liquidation”, “we” or “us”).
1. TheStore Service Description
TheStore, operated by Direct Liquidation LLP, is an online resource for purchasing overstock, open box, and refurbished inventory at a discount. This agreement defines the standards of use for services, and is legally binding. Please read all the Terms of Service before accessing this website. Using the website, or its services, constitutes agreement of these conditions. If you do not understand or agree to these terms you must not use the website or it services nor register an account.
When using TheStore, you must abide by all terms/conditions of the service, and in relation to services provided by or related to any content on TheStore and its service partners. Any questions regarding this policy, or terms herein, should be referred to staff at firstname.lastname@example.org.
You are not to use TheStore services without a complete understanding of, and agreement with, these policies. By visiting TheStore and/or creating an account, you hereby acknowledge, you have read, understood, consent, and are legally bound by all terms and conditions outlined.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE THESTORE.
2. Revisions to Terms of Service
TheStore retains the right to alter, modify, and or update the Terms of Service at any time and without prior notice. Updated Terms of Service become effective immediately. If, you no longer agree to the updated Terms of Service, you must cease all usage of TheStore and its related services. Continued use constitutes agreement with update Terms of Service. Questions regarding the use of these services should be referred to email@example.com.
3. Use of TheStore Services
Use of TheStore is void where prohibited by law. Accessing TheStore constitutes an acknowledgment and agreement to: (i) you understand and accept the conditions set forth in these Terms of Service and, by continuing the use thereof, acceptance these terms as legally binding; (ii) you have the ability and the authority to enter into an agreement and to abide by all the terms and conditions outlined in the Terms of Service; and (iii) if acting on behalf of a third party you have been authorization to do so.
All content viewed by users of TheStore is monitored, and is the responsibility of TheStore.
TheStore reserves the rights, at any time, to: (i) modify or discontinue some or all ofTheStore, including, but not limited to restricting its availability in terms of time, amount of use, as well as limiting or cancelling user accounts, regardless of the presence or absence of prior notice; (ii) charge fees for the use of all or part of the website, as well as modify and/or waive those same fees; (iii) give opportunities to users of TheStore.
Users, acting alone or for and behalf of any third party, agree TheStore, nor any affiliates, shall be held liable for any changes or discontinuance of TheStore, its related services or content, in whole or in part. Continued use of TheStore following the posting of changes to these Terms of Service constitutes acceptance of such changes.
Subject to the terms and conditions established in this document, as well as any third party restrictions that might apply, you are granted by Direct Liquidation a revocable, non-transferable, non-exclusive, non-sub-licensable limited right and license to view, use, and access TheStore to: (i) download/print any and all available content only for your information and immediate/private use; (ii) acquire goods and services through hyperlinks made available on or found through TheStore.
Copyright or proprietary notices for materials hosted at TheStore are to be retained and adhered to at all times. Ownership rights to these materials, unless expressly stated, remain the sole property of TheStore.
TheStore uses a system of accounts and profiles to provide services. You agree TheStore can refuse, change, remove, or replace usernames for reasons including, but not restricted to: usernames used to impersonate, are deemed offensive, or violate third party intellectual property.
By registering and/or participating in any promotions, you consent to: (i) provide accurate, current, and complete information when completing the TheStore account registration form and; (ii) keep current registration data accurate as the information changes. If deemed a user has provided false or incomplete information, TheStore retains the right to: (i) suspend or terminate your account (including any payments made or orders pending) and; (ii) refuse you access any services offered by TheStore now and in the future.
In addition to entering user information when registering, you will be asked to select a password. It is your sole responsibility to ensure the confidentiality of this password and are forbidden to allow third parties to access your account. You are accountable for all activity associated with your username and must notify TheStore immediately of any unauthorized use of your account. It is your responsibility to “log off”/exit your account at the end of each session (if applicable). TheStore will not be held accountable for any loss or damage due to your failure to comply with these terms.
TheStore retains the right to suspend, terminate, access, and investigate immediately any user account if subpoenaed, requested by law enforcement request to do so, if the user is believed to be sending, or is connected to the distribution of, unsolicited bulk emails (SPAM messages), or is involved with any fraudulent, misleading, illegal or other questionable activities. Users identified as sending unsolicited bulk mail via TheStore, TheStore, Direct Liquidation, LLP., agree to pay TheStore $5/each email sent, actual dates, or the maximum allowed by low (whichever is greater) as liquidated damages.
Users agree TheStore may terminate your password, account, or access for reasons outlined in the Terms of Service or, the assumption users have violated or inconsistently acted within these Terms and Conditions. TheStore retains the right to discontinue TheStore, or any service it provides, without prior notice, and are not liable to you, or any third parties, due to termination of your TheStore access and/or account.
5. User Conduct and Acceptable Use Policy
Unauthorized use of TheStore is forbidden and may not be used in violation of state, federal, and international laws, or for any illegal purpose.
TheStore retains the right to terminate your access and account if your behaviour fails to meet any of these guidelines for User conduct. To avoid termination, users are to be:
1. Must be truthful and genuine with the representation of your identity.
2. Forbidden to attempt access to any accounts, computers or networks connected to TheStore without prior permission.
3. Forbidden to attempt access to any information from TheStore unless it is provided or made clearly available.
4. Users are not allowed to charge others to use this service, directly or indirectly.
5. TheStore may not be used to gather information about other users.
6. No copying, disassembling or changing in any way, software used by, provided by, or in connection with TheStore.
7. Use of TheStore in a way which uses excessive bandwidth, as determined by our representative, is prohibited.
Any decisions regarding these guidelines are TheStore’s sole discretion.
TheStore will determine if, when, and what action is taken with regard to violation of these guidelines. TheStore’s response to each issue shall have no bearing on any future issues.
6. Limitations of Liability
TheStore site, services and content are provided “as is”. Any express or implied warranty including: warranties of merchantability, satisfactory quality, or fitness for a particular purpose, are excluded by Direct Liquidation to the fullest extent allowed by law. Direct Liquidation does not guarantee the functions and materials of this website will be uninterrupted and without error. All costs incurred with any necessary servicing, repair, or correction associated with your use of this website is your responsibility as a user, not Direct Liquidation’s.
Direct Liquidation, its directors, employees, content providers, affiliates, or other representatives are not liable for any damages (including lost profits, consequential or punitive) resulting from your use, failure to use, or the performance of TheStore, unless specifically stated in this Policy, elsewhere on TheStore, or as required by law.
If TheStore is found responsible to any user (notwithstanding the foregoing disclaimers and indemnification) then our responsibility shall be a maximum of $50.00; or actual damages if this is less than $50.00. We shall not pay any punitive, consequential, or resulting damages.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR PASSWORD AND ACCOUNT ARE KEPT CONFIDENTIAL. ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT IS YOUR SOLE RESPONSIBILITY. YOU AGREE DIRECT LIQUIDATION, LLP, ITS PARENTS, AFFILIATES, AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS ARE TO BE INDEMNIFIED, DEFENDED, AND HELD HARMLESS BY YOU TO, FROM, AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) RESULTING FROM YOUR USE OF THE THESTORE.COM WEBSITE OR SERVICES. YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU ARE TO NOTIFY THESTORE.COM IMMEDIATELY IF ANY AUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU HAS OCCURRED.
Direct Liquidation agrees that you are to be indemnified, defended, and held harmless from and against any and all losses, liabilities, costs (including reasonable attorneys’ fees) or damages due to any claim by any third party that our proprietary software infringes such third party’s U.S. patents issued as of the Effective Date, or infringes or misappropriation, as applicable, such third party’s copyrights or trade secret rights under applicable laws of any jurisdiction within the United States of America; with the provision that Thestore.com are promptly notified by you in writing of the claim, that you cooperate with us, and grant Direct Liquidation sole authority to control the defence and settlement of such claim. If such a claim is made or appears possible, you agree to authorize Thestore.com, at our exclusive discretion, to enable you to continue to use the marketing service or the documentation, as applicable, or to change or replace any such infringing material so as to make it non-infringing. If Thestore.com determines none of these alternatives is reasonably available, you shall, upon written request from Thestore.com, cease use of, and, if applicable, return, such materials that are the subject of the infringement claim. This Section 6 shall not apply if the claimed infringement results, in whole or in part, from (i) modification of Thestore.com by you, or (ii) combination, operation, or use of Thestore.com with other software, hardware, or technology not provided by us. OUR LIABILITY UNDER THIS SECTION 7 SHALL IN NO CASE EXCEED THE CAP ON LIABILITY SET FORTH IN SECTION 6.
8. Modifications and Interruption to Service
Along with TheStore service providers, considerable effort is made to maintain TheStore, but neither can be held accountable for any defects or failures with service, including the email service, or any financial losses that may result from these. TheStore retains the right to amend or terminate our services without prior notice and is not liable to you, or to any third parties, if any complete or part of service of TheStore is amended or terminated. You accept that TheStore does not guarantee access to the site will be continuous, uninterrupted, or secure. You also accept that the operation of TheStore may be interfered with or negatively impacted by factors out of our control.
9. Third-Party Sites
Advertisements or links to other websites or resources may be found on TheStore. There may be features and functionalities on TheStore that links you, provides functionality or access to third party content, including: databases, services and applications. Some content may be provided to you as part of TheStore. It is encouraged that you consult the privacy policies for these third parties. TheStore shall not be held accountable for any problems resulting from your use of third party services, unless the problem was directly caused by our breaches.
10. These Terms of Service will be governed by the law of the State of Maryland, without giving effect to any choice of law rules. We do not state that the use of TheStore is available, appropriate or legal in other areas. Therefore, all disputes will submit to the jurisdiction of the State of Maryland. To the fullest extent allowed by law, both you and Direct Liquidation LLP., waive all rights to trial by jury relating to these Terms of Service. If you stop using TheStore, the provisions of this paragraph still apply.
11. You are responsible for knowing and complying with any applicable laws. You are forbidden to break any applicable state, federal, or international laws, regulations or other requirements using TheStore.
12. Direct Liquidation LLP, owns or licenses all services included or available on TheStore (including site design, text, graphics, and selection/arrangement of these) with all rights reserved, or is owned by third parties, and protected by intellectual property rights. It is forbidden to use materials on the website for, but not limited to: reproduction, modification, distribution, and replication, without first receiving direct written permission from an authorized officer of Direct Liquidation.
13. Intellectual Property Rights and Notices
You have no right, title or interest in or to TheStore, except for the licenses granted in. You agree that all proprietary rights, titles and interests, including copyright and all intellectual property rights relating to TheStore are the property of TheStore and its licensors. TheStore and the TheStore logo are trademarks, service marks, or registered trademarks of Direct Liquidation, LLP. They may not be copied, imitated, or used, in whole or in part, unless TheStore, its suppliers, or licensors has granted prior written permission. Other product and company names may be trade or service marks of their respective owners.
Providing you with TheStore does not give you any license to our intellectual property, including patents, patent applications, trademarks, copyrights, or other intellectual property rights that are part of our website. TheStore reserves any rights not expressly granted in these terms and conditions.
14. Procedure for Making Claims of Copyright Infringement
Please contact SUPPORT@Thestore.com if you believe TheStore has infringed on your copyright. Ensure your email includes the following:
1. The owner of the copyright interest, or person authorized to act on their behalf, must provide either an electronic or physical signature
2. A description and location on the website of the work whose copyright you believe has been infringed
3. Your contact details; postal address, telephone number and email address
4. A statement declaring that you believe in good-faith that the use of the work in question is not authorized by the copyright owner, its agent, or the law
5. A formal statement that all of the information you have provided is accurate and that you are the legal owner of the copyright or are authorized to act on the behalf of the owner. Please be aware that any statement is made under the penalty of perjury.
In accordance with Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Direct Liquidation legal@Thestore.com
is to act as the agent of Direct Liquidation for the purposes of receiving notifications of claimed copyright infringement,
15. Other Terms
17. Electronic Delivery/Notice Policy And Your Consent
You consent to receive all communication by using the TheStore service. These include, but are not limited to: notices, agreements, legally required disclosures and are collectively known as ‘Contract Notices’. Contract notices may be posted on TheStore. If you no longer wish to receive Contract Notes from TheStore, you must cease using the service.
Delay or failure to exercise any rights as stated under the Terms of Service by TheStore does not imply consent your failure to adhere to all Terms of Service. Any single or partial exercise will not prohibit any further action of the same, or other rights. If any of these Terms of Service are deemed to be unenforceable, the validity of this shall have no impact the enforceability or validity of all remaining Terms.
18. Entire Agreement