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Conditions of Use

Last updated: January 6, 2014

Welcome to BuyItSellItWinIt.com. Buy It Sell It Win It Services LLC and/or its affiliates ("Buy It Sell It Win It") provide website features to you subject to the following conditions. If you visit or shop at Buy It Sell It Win It.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Buy It Sell It Win It service or business (e.g., Your Profile, Gift Cards, Unbox, or Your Media Library) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.


PRIVACY

Please review our Privacy Notice, which also governs your visit to Buy It Sell It Win It.com, to understand our practices.


ELECTRONIC COMMUNICATIONS

When you visit Buy It Sell It Win It.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Buy It Sell It Win It or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Buy It Sell It Win It and protected by U.S. and international copyright laws. All software used on this site is the property of Buy It Sell It Win It or its software suppliers and protected by United States and international copyright laws.


TRADEMARKS

In addition, Buy It Sell It Win It.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Buy It Sell It Win It in the U.S. and/or other countries. Buy It Sell It Win It's trademarks and trade dress may not be used in connection with any product or service that is not Buy It Sell It Win It's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buy It Sell It Win It. All other trademarks not owned by Buy It Sell It Win It that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Buy It Sell It Win It.


LICENSE AND SITE ACCESS

Buy It Sell It Win It grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Buy It Sell It Win It. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Buy It Sell It Win It. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Buy It Sell It Win It without express written consent. You may not use any meta tags or any other "hidden text" utilizing Buy It Sell It Win It's name or trademarks without the express written consent of Buy It Sell It Win It. Any unauthorized use terminates the permission or license granted by Buy It Sell It Win It. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Buy It Sell It Win It.com so long as the link does not portray Buy It Sell It Win It, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Buy It Sell It Win It logo or other proprietary graphic or trademark as part of the link without express written permission.


YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Buy It Sell It Win It does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Buy It Sell It Win It.com only with involvement of a parent or guardian. Buy It Sell It Win It reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Buy It Sell It Win It reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Buy It Sell It Win It a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Buy It Sell It Win It and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Buy It Sell It Win It for all claims resulting from content you supply. Buy It Sell It Win It has the right but not the obligation to monitor and edit or remove any activity or content. Buy It Sell It Win It takes no responsibility and assumes no liability for any content posted by you or any third party.


COPYRIGHT COMPLAINTS

Buy It Sell It Win It respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.


RISK OF LOSS

All items purchased from Buy It Sell It Win It are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


RETURNS, REFUNDS AND TITLE

All Buy It Sell It Win It bid ticket purchases are non-refundable. If a bid has been placed on an item that does not sell, is de-listed, expired or removed; then the bid will be released back to the purchaser to be used on another Buy It Sell It Win It item. If the item receives enough bids to close, then the bid is transferred to the bidder selected for the item and the original bidder loses all rights to the item that was bid on and awarded.

All fees associated with selling or listing on Buy It Sell It Win It are non-refundable and due at the end of the month for which they were incurred.

Buy It Sell It Win It does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Buy It Sell It Win It does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.


PRODUCT DESCRIPTIONS

Buy It Sell It Win It attempts to be as accurate as possible. However, Buy It Sell It Win It does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Buy It Sell It Win It itself is not as described, your sole remedy is to return it in unused condition.


PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by Buy It Sell It Win It, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Buy It Sell It Win It. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.


FEES

Except where noted otherwise, all processing, shipping, handling, closing and other fees are included in the buynow or Buy It Sell It Win It bid purchase price.


TAXES

With respect to items sold by Buy It Sell It Win It, the buyer or winner of an item is responsible for all Use, Sales or Capital gains fees or taxes as required by the city, state and federal laws.


OTHER BUSINESSES

Parties other than Buy It Sell It Win It operate stores, provide services, or sell product lines on this site. For example, Shutterfly offers Photo Services in our Camera and Photo store, and other businesses and individuals offer products in Auctions. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Buy It Sell It Win It does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Buy It Sell It Win It ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Buy It Sell It Win It MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Buy It Sell It Win It DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Buy It Sell It Win It DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Buy It Sell It Win It ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Buy It Sell It Win It WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


DISPUTES

Any dispute or claim relating in any way to your visit to Buy It Sell It Win It.com or to products or services sold or distributed by Buy It Sell It Win It or through Buy It Sell It Win It.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Buy It Sell It Win It will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


APPLICABLE LAW

By visiting Buy It Sell It Win It.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Buy It Sell It Win It.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Buy It Sell It Win It.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS
Buy It Sell It Win It.com, Inc.
Savannah, GA
http://www.Buy It Sell It Win It.com
Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Buy It Sell It Win It.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Buy It Sell It Win It that your copyrighted material has been infringed.


An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the sale ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.