TERMS AND CONDITIONS
WE WELCOME YOU TO ODDLOT.NET (“OddLot”). WE ASK THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS AND CONDITIONS, WHICH ARE INCORPORATED BY REFERENCE INTO THE MASTER REGISTRATION AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
These Terms and Conditions ("Terms", "Agreement") are an agreement between OddLot.net ("OddLot", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the Terms and Conditions of your use of the OddLot website and any transactions involving its Products or services (collectively, "Website", “Products” or "Services").
ACCOUNTS AND MEMBERSHIP
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
LISTINGS, BIDS, BILLING AND PAYMENTS
All listings are displayed at the local storefront for inspection purposes one week prior to their closing dates and your non-participation in inspecting items constitutes a waiver of due diligence on your part. You agree that all bids are made pursuant to a legal binding contract, all items are sold "As Is" and all sales are final, with no return privilege. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to cancel any bids you place on a listing, extend the time of a listing, or or cancel an active listing without notice. These restrictions may include bids placed by or under the same customer account, the same credit card, and/or bids that use the same billing and/or shipping address. In the event that we make a change to an active listing or cancel a bid, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the bid was made. We reserve the right to ship goods to you above the selected priority level at our sole discretion and cost.
ACCURACY OF INFORMATION
Often, listings that are new will contain a “feature photo” as its first photo, which is a manufacturer’s marketing representation of the item as new without packaging. Listing descriptions will include whether the item is ‘new and unopened’ and occasionally, the packaging may be damaged wherein we will open the package to assess the item’s condition. Our opening the package does not constitute use of the item and we may list this type of item either as ‘new and unopened,’ or ‘new and opened,’ depending on the circumstances of our assessment. In either case, the item will be new and unused.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
THIRD-PARTY SERVICES
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against OddLot with respect to such other services. OddLot is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting OddLot to disclose your data as necessary to facilitate the use or enablement of such other service.
LINKS TO OTHER WEBSITES
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by OddLot. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by OddLot. OddLot does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by OddLot. Links do not imply that OddLot or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of OddLot or any of its affiliates or subsidiaries. Except for links to information authored by OddLot, OddLot is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. OddLot reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INTELLECTUAL PROPERTY RIGHTS
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of OddLot and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Your use of our Website and Services does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information to reproduce or otherwise use any OddLot or third-party trademarks other than what is expressed within this Agreement. This Agreement does not transfer to you any intellectual property owned by OddLot or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with OddLot.
DISCLAIMER OF WARRANTY
You agree that your use of our Website Service is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
The Products on this site are provided on an “as is,” “where is,” and “where available” basis. OddLot makes no representations or warranties of any kind, express or implied, as to the Products on this site. To the fullest extent permissible under applicable law, OddLot expressly disclaims all warranties, express or implied, of any kind, with respect to any of the Products on this site or any goods or other Products or services offered, sold, or displayed on this site, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will OddLot, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if OddLot has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of OddLot and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to OddLot for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
INDEMNIFICATION
You agree to indemnify and hold OddLot and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
PRIVACY POLICY
Click here to access OddLot’s Privacy Policy governing the use of information that OddLot obtains from you through your use of this website.
SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
DISPUTE RESOLUTION
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Michigan, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Michigan, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. OddLot makes no representation that the Products are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with OddLot arising out of your use of this site.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from OddLot solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” “Complete Registration,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
ASSIGNMENT
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
CHANGES AND AMENDMENTS
OddLot may make any other changes to this site, the Products, programs, services, or prices (if any) described in this site at any time without notice.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date and version number at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. OddLot does not and will not assume any obligation to notify you of changes to this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between OddLot and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OddLot with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If there are any conflicts of principles in the Master Registration Agreement, the Privacy Policy and these Terms and Conditions, then these Terms and Conditions shall prevail and take precedence.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form here.
This document was last updated on April 23, 2020. Terms and Conditions v1.3