Conditions
What product conditions does White House Liquidation offer?
White House Liquidation’s merchandise
comes in a variety of conditions.
Additionally, many of our retail partners
may use different condition names for their
excess and returned inventory. We want
our buyers to be fully informed on what
they’re buying before they purchase.
Please read below for full explanations of
the different conditions we offer.
New items can include overstock, excess,
closeout merchandise and shelf pulls.
These items have never been used and
are fully functional. They come in original
retail packaging, which may show signs of
wear and/or contain stickers, such as price
tags or markdowns.
Like New items are fully functional, and
show signs of light use. Many items come
in original packaging, though some may
arrive in a bag and/or brown box. They
generally contain all major accessories,
though they may be missing manuals
and/or supplementary accessories. These
items may contain stickers, such as price
tags or markdowns.
Uninspected Returns items that have
been bought & returned, but the condition
is unknown. Many of these items are
working and come in original packaging;
others will be non-functional and/or
missing original packaging. Accessories
may not be included, and sets may be
incomplete.
Used & Working items have been tested
and confirmed functional. Basic
functionality tests include Wi-Fi, Bluetooth,
Camera (front & default), video, USB,
battery charge, screens, buttons,
microphones & speakers. Items may have
cosmetic issues of varying degrees. No
accessories are included. May be missing
manuals, batteries and do not ship in the
original retail packaging.
Salvage items are not functional, have
cosmetic defects, and will likely have
stickers or other markings on them.
Salvage items usually can only be used for
parts. These items do not come with
manuals, batteries, chargers and/or
supplementary accessories.
Definitions
Original Retail
Original Retail represents the estimated
listed price when the product was first
released to market. Original Retail prices
are provided for your reference and may
not always represent prevailing offers in
current marketplaces. Original Retail is
based on the condition of new, does not
reflect offers of non-new conditions, and
does not include offers with discounts,
rebates, or other price adjustments.
Total Original Retail
Total original retail represents the unit
estimated original retail value multiplied by
unit quantity.
Shipping Information
What are the dimensions of the lots?
Pallets measure approximately
48”x40”x42”. Pallets may also contain
non-standard or oversized items. These
items will be sealed and secured with
shrink wrapping. Cases are smaller boxes
that are easier to handle. Sorted by
condition and category.
How are my orders shipped?
Pallets are shipped via a third-party freight
carrier. Once your order ships, the shipping
carrier will contact you to schedule
delivery. You must respond before your
order can be delivered. Cases below 85lbs
will arrive via ground shipping. Cases
above will also ship via a third-party freight
carrier. We are able to ship to residential
addresses for your convenience.
Where does White House Liquidation ship?
We will ship to any street or mailing
address in the contiguous United States.
Can I arrange my own shipping?
No. We take care of all shipping
arrangements, so that we can ship your
order seamlessly and cost-effectively.
When will my order ship?
Most orders ship within 2-3 business days
following order confirmation and payment.
How can I check on the status of my order?
You can track all orders you place in My
Orders, under My Account. We also
include tracking links in shipping
confirmation emails. Please note, it may
take up to 48 hours after the order has
shipped to be fully trackable.
Where can I find my order number?
You can find your order number on the
confirmation page at the end of your
checkout process, in the confirmation
emails you received after you made your
purchase, in the order history section of
your account, and on the packing slip that
came with your shipment.
What if there is an issue with my order upon delivery? Should I refuse the order?
If there is an issue with your delivery,
please contact us within 24 hours and do
not refuse the order, or else refusal
charges will be applied. No refunds will be
issued for orders refused at delivery or for
failure to schedule delivery with our
third-party freight carrier. If you ordered a
pallet, please note any issues on the Bill of
Lading (BOL) as well.
What should I do if any lots I receive have been tampered with or show visible damage?
If this happens, contact us within 24 hours.
If you ordered a pallet, please document
these issues on the shipment BOL, as well.
Does the displayed listing price on White House Liquidation include the cost of
calculated shipping to my location?
To view a listing's freight shipping costs,
find a pallet listing you are interested in
and go to its detail page. If you’ve already
inputted your address, the listing's shipping
cost will appear in the cost breakdown. If
not, click on the listing and enter your
address next to the pallet's price to receive
shipping rates for your location.
Refunds & Disputes
What is your refund policy?
If you receive your order and there is a
greater than 10% discrepancy with the
condition, quantity, or combination therein
– you have a period of 7 days from the
time that you receive your order to supply
us with the following information in order to
file a claim for credit: - Manifest, in
XLS/XLSX format, detailing the condition
issues or shortages for each line item. -
For shortage claims, a signed copy of the
Bill of Lading / Delivery Receipt, showing
notation for any issues with packaging, or if
the carton count is short from the delivery. -
For condition claims, photos detailing the
issues with the condition of the product.
The above must be submitted to us by
email. All documentation must be received
within 7 days of delivery.
For issues with shipping shortages, or
shipping claims, you should take photos of
all shipments upon their delivery, so the
packaging material and condition that the
product arrived in can be documented.
Failure to do so may impact your ability to
be refunded for shipping issues.
Auctions
What is the starting bid?
The starting bid value is the amount we set
as the minimum amount that we will accept
to bid on the listing. If you try and bid less
than the minimum, the system will ask you
if you want to increase your bid to the
minimum amount.
What is automatic bidding?
When you bid on an auction, the
""maximum bid"" you enter is the maximum
amount you're willing to spend on that lot.
Your maximum bid is always kept
confidential from other bidders.
Once you enter your maximum bid, our
automatic bidding process will monitor bids
placed by other buys and bid in specific
increments on your behalf each time a new
bid is placed. If your maximum bid amount
is reached and you are outbid by another
buyer, you will be alerted that you have
been outbid.
How will White House Liquidation prevent other buyers from making bids at the
very last minute and "sniping" auctions?
If someone outbids the highest bidder
within the last 2 minutes of the auction end
time, the bidding time will automatically
extend by 5 minutes. This feature, known
as "popcorn bidding" will help all of our
bidders get a fair opportunity to place their
highest bids without worrying about auction
'sniping'.
User and Purchase Agreement:
Bidding On and Potential Purchase of Listed Products
This User and Purchase Agreement (this "Agreement") applies to merchants, either
individuals or companies (hereinafter, such merchant shall be referred to as "you" or
"User"), desiring to purchase products listed by White House Liquidation on the website
www.whitehouseliquidation.com (the "Site"). Such products are referred to hereunder as
"Listed Products." If you are using this website on behalf of a company that you listed in the
User registration process, "you" and "User" throughout the remaining sections of this
Agreement refers to the company listed in the User registration and you hereby
acknowledge and agree that you are authorized to sign on behalf of the company and
hereby bind such company to this Agreement.
You must accept and agree to this Agreement before placing a bid. This Agreement applies
to the bidding process and to any purchase of Listed Products. This Agreement applies to
you as of the date you accept this Agreement and on a going-forward basis every time you
use the Site or purchase Listed Products. This Agreement will continue until terminated as
provided in this Agreement. Notwithstanding anything to the contrary herein, either party will
have the right, in its sole discretion, to terminate this Agreement with or without cause upon
notice to the other party. White House Liquidation reserves the right, at its sole discretion, to
suspend or terminate your use of the Site without notice. You will be bound by this
Agreement as soon as you accept this Agreement by checking the "Accept" box below and
you understand and agree that you will be bound by this Agreement even though you will
not receive a signed copy from White House Liquidation. By using the Site you agree to be
bound by its Terms of Service. If you do not agree to the Terms of Use listed on the Site,
please do not use the Site.
THE SUBMISSION OF A BID CONSTITUTES AN IRREVOCABLE OFFER TO
PURCHASE THE LISTED PRODUCT YOU BID ON, WHICH MAY BE ACCEPTED OR
REJECTED IN WHITE HOUSE LIQUIDATION'S SOLE DISCRETION, ON THE TERMS
AND CONDITIONS OF THE LISTING AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IN ADDITION, WHITE HOUSE LIQUIDATION
RESERVES THE RIGHT TO CANCEL, IN ITS SOLE DISCRETION, ANY LISTING OF
LISTED PRODUCT WITH OR WITHOUT NOTICE AT ANY TIME WITHOUT AWARDING
ANY LISTING PRODUCTS. YOU AGREE THAT THIS AGREEMENT AND ITS TERMS
AND CONDITIONS APPLY EACH TIME YOU PLACE A BID OR PURCHASE LISTED
PRODUCTS FROM THE SITE.
Purchase of Listed Products.
You acknowledge and agree that by placing a bid on the Site for Listed Products or
otherwise contracting to purchase Listed Products, you agree to pay to White House
Liquidation the price you bid/ propose, the applicable shipping charges, and a processing
fee ("Processing Fee") charged on all purchases and reflected during the purchase process
(collectively, the "Purchase Price") for the Listed Products if you are awarded the Listed
Products. If you are awarded the Listed Products, you will receive a notification email from
us (the "Notification Email") notifying you of your winning bid.
If you are awarded the Listed Product and the Purchase Price of your winning bid is
less than Twenty Thousand Dollars ($20,000.00) (United States Dollars), we will charge
your stored credit card directly for the entire amount of the Purchase Price. Prior to the
purchase of any Listed Products, you must provide White House Liquidation with a valid
credit card number and associated payment information including all of the following: (i)
your name as it appears on the credit card, (ii) your credit card number, (iii) the credit card
type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge
your credit card. By submitting that information to White House Liquidation, you hereby
agree that you authorize White House Liquidation to charge your credit card the entire sum
of the Purchase Price without prior notification to you, and that the Purchase Price is
non-refundable.
Your agreement with your credit card issuer governs your use of your designated
card. You agree to pay all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when the charges were incurred. If
White House Liquidation does not receive payment from your credit card issuer or its agent,
you agree to pay all amounts due upon demand by White House Liquidation or its agents.
If the Purchase Price is equal to or in excess of Twenty Thousand Dollars ($20,000.00)
(United States Dollars), you agree that you will pay the entire amount of the Purchase Price
by wire transfer within three (3) days of your receipt of the Notification Email.
You agree that the credit card charge and the wire transfer payments are
non-refundable. In the event that we are not able to charge your credit card the
aforementioned amounts for any reason, including declination of the charge, or if we do not
receive the required wire payments from you, White House Liquidation, at its sole option
and discretion, may terminate the sale of the Listed Products and/or this Agreement by
giving written notice to you, which may be sent by email. Upon such notice, you shall not
have any right, title or interest in or to the Listed Products, and the Listed Products may be
marketed and sold to someone else without any liability on White House Liquidation's part
and without White House Liquidation having to refund to you any prior payments made by
you.
If the Listed Products are not made available to you for shipment within fourteen (14)
days following White House Liquidation's receipt of your payment in full for the Listed
Products, then you may, at your sole discretion, cancel your order and terminate your
obligation to purchase the unavailable Listed Products by written notice to White House
Liquidation. Such termination shall be effective upon White House Liquidation's receipt of
written notice to cancel. White House Liquidation will return any payment made by you for
the unavailable Listed Products under this Agreement within five (5) business days following
receipt by White House Liquidation of the written notice to cancel without any further liability
on White House Liquidation's part. In addition, White House Liquidation reserves the right to
cancel the sale of any Listed Products to you, in whole or in part, for any reason, or the
unavailability of the Listed Product for any other reason, upon notice to you. White House
Liquidation will return any payment made by you for the canceled portion of any sale within
five (5) business days of providing such cancellation notice to you without any further
liability on White House Liquidation's part.
You must sanitize all purchased Listed Products as required by Exhibit A hereof,
attached and incorporated herein, in order to get the Listed Products into re-saleable
condition. Listed Product purchased hereunder and sanitized by you may only be re-sold by
you if the product passes the sanitization standards set forth in Exhibit A. For those Listed
Products which you are not able to sanitize per Exhibit A, you shall destroy those Listed
Products in accordance with the provisions set forth in this Agreement and in accordance
with any statute, regulation, ordinance, rule, order, decree or governmental requirement
enacted, promulgated or imposed by any governmental authority at any level (e.g.,
municipal, county, province, state or national) or a combination thereof (collectively "Laws"
or "laws"), including environmental, at no additional cost to White House Liquidation.
Receipt of Listed Products.
Options. Payment for the Listed Products is required as set forth above prior
to any shipment or delivery. You are required to make arrangements for any
shipment or pick up of the Listed Product based on the options available for a
particular listing on the Site or your particular sale. Either or both of the
following options may be available for a listing, as determined by White
House Liquidation in its sole discretion: (a) the option to ship the Listed
Products; or (b) the option to pick up the Listed Product at the seller's facility,
and pay the fee for pick up, as set forth on the Site. The ship option includes
rates based on the origin and destination of the Listed Product and you agree
that you are responsible to provide accurate information and to pay any
applicable rates when using this option.
Appointment for Pick Up. Assuming the option to pick up the Listed
Product is available, you will receive an email that provides instructions on
how to schedule an appointment to pick up the Listed Product at the seller's
facility ("Scheduling Email"). You will be required to pay the pick up fee as set
forth on the Site and schedule an appointment for pick up within seventy-two
(72) hours of receiving the Scheduling Email. If you do not schedule an
appointment within such time period or fail to pick up your Listed Product at
the scheduled appointment, White House Liquidation may decide, in its sole
discretion, to (1) arrange to ship the Listed Product to you, assuming the
Listed Product meets White House Liquidation's shipping criteria, using a
carrier selected by White House Liquidation in its sole discretion, at the
physical address you provided in the User registration and charge your credit
card for the shipping, handling, and related charges ("Shipping Charges"); or
(2) charge your credit card a fee for White House Liquidation having to
process and re-stock the Listed Product ("Non-Performance Fee"). The
Non-Performance Fee will be an amount equal to the greater of (i) twenty-five
dollars ($25.00); or (ii) ten percent (10%) of the Purchase Price. You agree
that we may charge your credit card such Shipping Charges or
Non-Performance Fee without prior notification to you, without waiving any
other rights or remedies, and that the Shipping Charges or Non-Performance
Fee are non-refundable. You also acknowledge that if you are charged a
Non-Performance Fee, White House Liquidation will terminate the sale of
such Listed Product to you, credit your card in the amount of the Purchase
Price if White House Liquidation has charged the credit card on file, and may
market and sell such Listed Product to someone else without any liability on
White House Liquidation's part. If you paid for the Listed Product by wire
transfer rather than credit card, the preceding sentence still applies, except
that rather than a credit, White House Liquidation will issue you a refund
equal to the amount of the Purchase Price less the Non-Performance Fee
(Refund = Purchase Price - Non-Performance Fee).
Title and Risk of Loss; Point of Purchase within the United States. Title
and risk of loss of the Listed Products shall pass to you upon tender of such
Listed Products to you or the carrier at the seller's facility ("Point of
Purchase"). Delivery shall be 'Ex Works - Point of Purchase', as defined in the
Incoterms 2010 published by the ICC, unless otherwise mutually agreed in
writing. You shall pay all freight charges. Upon pick up of the Listed Product,
you shall release White House Liquidation of any fault, and shall forfeit any
rights to claims against White House Liquidation associated with the Listed
Products or the delivery of the Listed Products purchased by you. In all cases
the Point of Purchase for Listed Products must be within the United States (all
Listed Products must be shipped to you/ delivered or picked up at an
address/location within the United States).
Waiver of Detail Receipt.
You acknowledge that the number of units of the Listed Products set forth in the
listing on the Site is merely an estimate and that the final inventory levels of Listed Product
may vary from the number of units set forth in the listing. YOU HEREBY WAIVE ANY
OPPORTUNITY TO DETAIL THE RECEIPT OF THE LISTED PRODUCTS DUE TO THE
TIME, COST AND OTHER CONSIDERATIONS INVOLVED AS WELL AS THE DEEPLY
DISCOUNTED PRICING AT WHICH YOU ARE ACQUIRING THE LISTED PRODUCTS.
Subject to Section 4 below, you agree to the following: (a) you assume the risk that you may
not receive all of the Listed Products set forth in the listing; (b) you assume the risk that you
may receive more Listed Products than set forth in the listing; and (c) you release White
House Liquidation from any and all claims, demands, actions and causes of action you may
have against White House Liquidation as a result of the discrepancy between the items set
forth in the listing and the items you actually receive.
Notwithstanding the above, in the event that you inadvertently receive a shipment(s)
of Listed Product on which you did not bid/ that you did not purchase, you agree to:
- notify White House Liquidation within 24 hours of receipt of such product by
calling 1-818-394-9712 AND emailing whliquidation@gmail.com with
identifying information from the shipment, including invoice numbers,
PRO/tracking numbers, photos, and an itemized list of the product received;
and
- make such product available for pickup from your facility no later than 48
hours from receipt, packaged safely for shipment and in the same condition in
which it arrived at your location.
Disclaimer of Warranties; No Returns; Missing or Damaged Listed Product.
THE LISTED PRODUCTS AVAILABLE OR SOLD TO YOU THROUGH THIS SITE ARE
PROVIDED AND ARE PURCHASED BY YOU ON AN "AS IS" AND "WITH ALL FAULTS"
BASIS. WHITE HOUSE LIQUIDATION UNDERTAKES NO RESPONSIBILITY FOR THE
QUALITY OF THE LISTED PRODUCTS. WHITE HOUSE LIQUIDATION DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE SITE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION)
IS PROVIDED AND ALL LISTED PRODUCTS ARE SOLD THROUGH THE SITE ON AN
"AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
You hereby acknowledge that you used your own standards to determine the quality
and value of the Listed Products. You acknowledge that the Listed Products may be
damaged, defective, or otherwise lacking in merchantability and may not be fit for their
usual, otherwise-intended purpose.
YOU MAY NOT RETURN ANY OF THE LISTED PRODUCTS FOR REFUND,
CREDIT, EXCHANGE, OR OTHERWISE. If you attempt to avoid payment as a means of
returning or rejecting any of the Listed Product, in violation of these terms, by disputing a
charge to your credit card, you agree that White House Liquidation has the unequivocal
right to recover our fees and costs from any such unauthorized chargeback. Further, White
House Liquidation may choose to reject any further business from you.
Notwithstanding the foregoing, if you believe that more than ten percent (10%) of the
Listed Product is missing or damaged and you would like to discuss your purchase with
White House Liquidation, please contact whliquidation@gmail.com WITHIN 30 DAYS OF
THE LISTED PRODUCT INVOICE DATE with all of the following information:
- Photos of each shipment of Listed Product upon arrival;
- Detailed manifest by item providing details of any discrepancies or damage
and including a minimum of Auction ID, Lot IDs (if included), MFG Part
Numbers, serial numbers, condition (if condition is a part of your requested
review), and any other information that would document any discrepancies or
damage; and
- Scanned copy of BOL noting all damage and tampering at the time of
delivery and delivery receipt stating the number of pallets and cartons
received.
For the avoidance of doubt, any tampering, damage or discrepancy, including
any missing pallets, cartons and units, must be noted on the manifest. Additionally,
for the avoidance of doubt, ALL SUCH INFORMATION MUST BE RECEIVED
WITHIN THE 30-DAY TIMELINE SET FORTH ABOVE, and ANY
CORRESPONDENCE (INCLUDING ANY CLAIMS) OR SHIPMENT INFORMATION
RECEIVED AFTER SUCH PERIOD WILL NOT BE REVIEWED OR ADDRESSED
BY WHITE HOUSE LIQUIDATION.
White House Liquidation reserves the right to inspect the Listed Product prior
to disposition for up to sixty (60) days after a review request is reported to us in
accordance with this paragraph (timeline could include 60-day hold from shipping
carrier). After White House Liquidation reviews your request, White House
Liquidation may decide, in its sole discretion, to offer a full or partial credit, return,
refund, or exchange, or any combination of the foregoing, in the amount and/or form
it deems appropriate. You acknowledge and agree that White House Liquidation is
not obligated to issue any credit, refund or exchange.
This Section 4 shall survive any termination or expiration of this Agreement.
Removal of Identification Information.
Prior to the transfer, disposal, refurbishing, recycling, sale or any other disposition of
the Listed Products, you agree:
- to remove from the Listed Products and properly dispose of all White House
Liquidation identification marks including, but not limited to, labels,
trademarks, trade names, service marks, SKU numbers and bar codes, other
than those identification marks contained on the original packaging that are
required by Law ("Identification Marks");
- to remove from the Listed Products and properly dispose of all customer
information including, but not limited to, sales receipts, addresses, phone
numbers, and credit card numbers ("Customer Information"); and
- to comply with the requirements of the attached and incorporated Exhibit A.
You agree to comply with all state, federal and local rules and regulations with
respect to the disposal of the Identification Marks, the Customer Information, and the
deleted files and other information, including, but not limited to, Laws relating to
privacy.
You acknowledge that monetary damages may not alone be a sufficient
remedy for failure to comply with the requirements of this Section 5 and that White
House Liquidation shall be entitled, without waiving any other rights or remedies, to
such injunctive or equitable relief as may be deemed proper by a court of competent
jurisdiction. Further, you acknowledge and agree that if there is a breach or
threatened breach of the provisions of this Section 5, White House Liquidation will be
irrevocably harmed and entitled to seek a temporary restraining order, injunction,
and/or other equitable relief against the commencement or continuance of such
breach without the requirement of posting a bond or proving injury as a condition of
relief.
In addition, in the event that your performance of obligations under this
Section 5 results in the creation of any waste or other material, your handling of that
waste or material shall be subject to the requirements of Sections 6 and 7 of this
Agreement.
This Section 5 will survive the termination or expiration of this Agreement.
Environmental Indemnification.
All determinations regarding the status and handling of Listed Products after title has
passed to you in accordance with this Agreement shall be the responsibility of, and made
by, you. You agree to indemnify, defend, and hold White House Liquidation harmless from
and against any losses, attorneys' fees, costs, liabilities, damages, penalties, third party
claims, demands, actions, or causes of action arising out of, or in connection with, your
disposal, incineration, or recycling of the Listed Products or components thereof, including,
but not limited to, losses, attorneys' fees, costs, liabilities, damages, penalties, claims,
demands, actions, or causes of action arising under the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. (as amended)
(CERCLA); arising under Solid Waste Disposal Act (SWDA) (as amended); arising under
any federal or state rule or regulation promulgated or approved pursuant to CERCLA or the
Resources Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. (RCRA); and/or
arising under Laws of any jurisdiction relating to the disposal, incineration, stewardship or
recycling of Listed Products and components thereof. For the purposes of this
indemnification, "disposal," "incineration", and "recycling" shall have the meanings set forth
in the statute or regulation under which an indemnification obligation under this paragraph
arises or is alleged to arise. This Section 6 shall survive the termination or expiration of this
Agreement.
Environmental Representations and Warranties.
You represent and warrant that:
-Prior to disposal, incineration, or recycling of any Listed Product or
component(s) thereof, you will complete a hazardous waste determination in
accordance with 40 C.F.R. § 262.11 and applicable Laws of all relevant
jurisdictions relating to disposal or recycling of the Listed Product or
component(s) thereof. In the event that a Listed Product is classified under
any such Law as a hazardous waste, and you undertake to recycle or arrange
for the recycling of that Listed Product, and if the recycling of that Listed
Product is potentially subject to the provisions of 42 U.S.C. § 9627, then you
will comply with all requirements of 42 U.S.C. § 9627 necessary to qualify for
the liability exemptions provided in that statutory provision.
-You currently comply, and will continue to comply, with all Laws of all
relevant jurisdictions, governing the disposal, incineration, or recycling of
Listed Products or components thereof.
- You have not been convicted of, or received a citation for, a violation of any
Law of any relevant jurisdiction governing the disposal, incineration, or
recycling of waste.
For the purposes of these representations and warranties, the terms "disposal",
"incineration", and "recycling" shall have the same meaning as defined in Section 6
entitled Environmental Indemnification. This Section 7 shall survive the termination
or expiration of this Agreement.
Indemnification.
In addition to your other indemnification obligations set forth in this Agreement, you
shall further indemnify, defend and hold White House Liquidation (including its parent and
affiliates and their respective officers, directors, employees, contractors, and agents)
harmless from and against any and all claims, demands, causes of action, actions, costs,
liabilities, and expenses, of any nature, (including, but not limited to court costs, costs of
investigation, and attorneys' fees) arising out of or in connection with any actual or alleged:
(a) loss, theft or destruction, whether partial or whole, of the Listed Products and other items
in the possession or control of you or your agents; (b) the reconditioning, refurbishing,
resale, sale, recycling, transfer, disposal, destruction, or repackaging of the Listed Products
and other items provided under this Agreement; (c) the labeling, advertising and/or notices
placed on the packaging or elsewhere or the lack of notices which should have been placed
on the packaging; (d) inaccurate descriptions of the contents of the Listed Products and the
package; (e) breach of this Agreement (including but not limited to warranties and
representations) by you or your officers, directors, employees, agents or representatives; (f)
failure to delete and remove all information or items contained in or on the Listed Products
and other items tendered to the freight carrier or sold under this Agreement to you, including
but not limited to claims arising from the failure to comply with requirements described in
Exhibit A; (g) the acts or omissions of you or your officers, directors, employees, agents or
representatives; (h) your disposal of the Identification Marks, Customer Information, the
hard drive of any computer, deleted files and other information; (i) your dispute with another
user of the Site; (j) White House Liquidation's use or publication of data or information
provided by you; (k) violation of any Law by you or your officers, directors, employees,
agents or representatives; (l) your use of the Site; and (m) any infringement or
misappropriation of any proprietary rights by you. This Section 8 shall survive the
termination or expiration of this Agreement.
Inspection/Audit.
You agree to permit White House Liquidation, its parent, subsidiaries or affiliated
entities, and its agents (including third parties) the right to visit your warehouse, facility, or
place of business at any time in order to monitor compliance with the terms of this
Agreement, including but not limited to an unannounced audit of your sanitization processes
and inspection of products. White House Liquidation, its parent, subsidiaries or affiliated
entities, or its designated agents, shall have the right to audit your books and records
related to this Agreement, evaluate the Listed Products to ensure they are sanitized as
required by Exhibit A, and inspect your facilities and procedures at any time to assure
compliance with the terms and conditions of this Agreement. You agree to provide White
House Liquidation's designated audit and inspection team with access to the relevant
records, facilities, and procedures. White House Liquidation will pay the cost of any such
audit and inspection unless the audit reveals that you are not performing in compliance with
the terms of this Agreement, then, in addition to any other legal and equitable remedies
available to White House Liquidation, you will reimburse White House Liquidation for the
costs of the audit and inspection. In addition, if the inspection or audit reveals a condition
that is unsatisfactory to White House Liquidation in its reasonable business judgment, you
will bear the costs for any re-inspection and re-audit if desired by White House Liquidation.
The rights set forth in this Section 9 shall survive for a period of seven (7) years following
the termination or expiration of this Agreement.
Limitation of Liability.
THE ENTIRE RISK ARISING OUT OF ANY PRODUCTS OR SERVICES OFFERED
ON OR IN CONNECTION WITH THE SITE, AND ANY CONTENT, USER CONTENT OR
DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL WHITE HOUSE
LIQUIDATION OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT,
USER CONTENT AND/OR DIGITAL DOWNLOADS, THE PROVISION OF OR FAILURE
TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, USER CONTENT AND CONTENT OBTAINED THROUGH THE
SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR
POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WHITE HOUSE LIQUIDATION
SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID BY YOU FOR THE
PURCHASE PRICE OF THE PARTICULAR LISTED PRODUCT AT ISSUE, WHICH FOR
CLARIFICATION WILL NOT EQUAL THE AMOUNT OF THE PAYMENT FOR THE
ENTIRE LISTING. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED LISTED
PRODUCTS. USER INFORMATION SUCH AS ADDRESS THAT IS INACCURATE OR
INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY
OF WHITE HOUSE LIQUIDATION. YOU ACKNOWLEDGE AND AGREE THAT THE
LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED
REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF
RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND
FUNDAMENTAL BREACH OF THIS AGREEMENT) THAT IS AN ESSENTIAL BASIS OF
THE BARGAIN BETWEEN THE PARTIES. THIS SECTION 10 SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Confidentiality.
You shall not use or disclose to any individual or entity, including but not limited to
any transferee or subsequent purchaser of the Listed Products, the following: (a) that you
purchased or received the Listed Products from the Site; (b) the nature or result of any
business relationship with White House Liquidation; (c) any of the Identification Marks; (d)
any Customer Information; (e) any files or information stored within any of the Listed
Products that are computers or other consumer electronics containing memory or other
storage; and (f) other information of a nature not generally disclosed by White House
Liquidation to the public. This Section 11 shall survive the termination or expiration of this
Agreement.
No Price Collusion.
You represent and warrant that (1) the overall purchase price offered by you for the
Listed Products was arrived at independently without consultation, communication or
agreement with any competitor or other potential purchaser or seller of the Listed Products;
and (2) no attempt has been made to induce any other person to submit or not to submit a
proposal to purchase the Listed Products.
Relationship of the Parties.
White House Liquidation and you understand and acknowledge that each shall
perform its duties and obligations under this Agreement as an independent contractor and
that this Agreement does not create a joint venture, partnership, employment or agency
relationship between you and White House Liquidation.
You represent and warrant to White House Liquidation that, other than as specifically set
forth in this Agreement, you have not paid any consideration or made any payments of any
kind to any person or entity, including but not limited to White House Liquidation employees,
officers, and directors, to obtain this Agreement or for the purchase of the items being sold
under this Agreement. This Section 13 shall survive the termination or expiration of this
Agreement.
Taxes.
You will pay White House Liquidation or the applicable governmental entity any
applicable value added, sales or use taxes or like taxes that are owed by you solely as a
result of entering into this Agreement or which White House Liquidation is permitted to
collect from you under applicable Law. If you provide to White House Liquidation a valid
exemption certificate, White House Liquidation will not collect the taxes covered by such
certificate. White House Liquidation is not liable for any of the taxes that you are legally
obligated to pay as a result of your distribution or resale of product purchased under this
Agreement. All such taxes (including without limitation, income taxes, withholding taxes,
value added, franchise, gross receipt, sales, use, property or similar taxes, duties, levies,
fees, excises or tariffs incurred in connection with or related to the distribution of the Listed
Products) will be your financial responsibility. You understand and acknowledge that you will
be solely responsible for all taxes, your and your employees' wages, benefits,
unemployment compensation and workers' compensation and all other costs and expenses
relating to your employees and applicable to the performance of this Agreement, whether
imposed now or at a later date.
If White House Liquidation is audited by a taxing authority or other governmental
entity with respect to a tax matter arising from this Agreement, you agree to reasonably
cooperate with White House Liquidation in order to respond to such audit inquiries in an
appropriate and timely manner, so that the audit and any resulting controversy may be
resolved expeditiously. Notwithstanding anything herein to the contrary, you additionally
agree to retain such sales tax records as may reasonably be requested by the taxing
authority, and to provide access to such sales tax records to White House Liquidation in the
event of such a request, for the applicable statute of limitations, and upon notice from White
House Liquidation that such statute has been extended, for any extensions thereof.
Assignment.
You shall not delegate, subcontract, assign or transfer any of your rights, duties, or
obligations under this Agreement or the right to purchase the Listed Products without the
prior express written consent of White House Liquidation. In the event that White House
Liquidation grants any such consent, you shall be solely responsible for the conduct of such
agents and assignees, and the granting of such consent shall in no way modify or affect
your duties to White House Liquidation under this Agreement. White House Liquidation may
assign this Agreement to a parent, a subsidiary or an affiliated entity. Subject to the
foregoing, this Agreement shall be binding upon and inure to the benefits of the parties, and
their respective successors and assigns.
Governing Law.
This Agreement shall be governed by the laws of the State of California without
regard to its rule of conflicts of laws, and venue shall be within the State of California. Each
party hereby expressly consents to the original and exclusive jurisdiction of the state and
federal courts located in California, USA. The rights and obligations of the parties under this
Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. This Section 16 shall survive the termination or expiration of
this Agreement.
Compliance with Law.
You represent and warrant that you will comply with all Laws, including but not
limited to export laws as outlined in the Export Administration Regulations (EAR), and the
United States Foreign Corrupt Practices Act (FCPA) and all other applicable anti-bribery
laws, in connection with this Agreement.
In addition to all other requirements contained in this Agreement, you agree to comply with
any additional requirements imposed by a seller's vendors and/or the original manufacturers
of the Listed Products.
You agree that all sales are 'Ex Works - Point of Purchase' unless otherwise mutually
agreed in writing. Title and risk of loss pass to you, including payment of all transportation
and insurance costs, from the Point of Purchase.
You acknowledge that this assurance and this Section 17 will survive termination or
expiration of this Agreement.
White House Liquidation may choose not to award Listed Products to you for any
reason, including but not limited to White House Liquidation's concerns with your ability to
comply with Law or otherwise meet the terms and conditions of this Agreement.
Notices.
All notices, demands and other communications that are required or may be given
under this Agreement will be in writing and will be deemed to have been duly given if
emailed by White House Liquidation or if mailed by either party certified mail, return receipt
requested, or by a nationally recognized overnight courier service, receipt confirmed.
Notices to you via email will be deemed effective at the time the email is sent. In the case of
notices via certified mail or courier service, notices will be deemed effective upon the date
of receipt. Notices to you will be addressed to the email or physical address you provided in
the User registration and notices to White House Liquidation must be mailed and addressed
to White House Liquidation, (7764 San Fernando Rd Suit 4 Sun Valley, CA 91352), unless
either party notifies the other of a change of address or email address, in which case the
latest noticed address or email address will be used. If White House Liquidation receives a
message that your email address is no longer valid or that the email communication could
not be delivered, notice shall be deemed to have been provided to you at the time White
House Liquidation received notice of non-delivery.
Authority.
You represent and warrant to White House Liquidation that if you are signing on
behalf of a company or entity that will purchase the Listed Products that such company or
entity is duly organized, validly existing and in good standing under the laws of the
jurisdiction of its organization, and that you and the company have the requisite power and
authority to execute and deliver this Agreement and the requisite power and authority and
ability to perform the obligations under this Agreement, including the purchase of the Listed
Products. You further represent and warrant that this Agreement has been duly authorized,
executed and delivered by you and constitutes a valid and binding obligation of you or the
company or entity on whose behalf you are entering into this Agreement enforceable
against you or such company or entity according to its terms.
Force Majeure.
White House Liquidation shall not be liable or responsible to you, nor be deemed to
have defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any provision of this Agreement, when and to the extent such failure or delay is
caused by or results from acts beyond White House Liquidation's reasonable control,
including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other
civil unrest; (d) actions, embargoes or blockades in effect on or after the date of this
Agreement; (e) action by any governmental authority; (f) national or regional emergency;
and (g) strikes, labor stoppages or slowdowns or other industrial disturbances.
General.
The headings contained herein are for the convenience of reference only and are not
of substantive effect. If any provision herein shall be deemed or declared unenforceable,
invalid or void by a court of competent jurisdiction, the same shall not impair any of the
other provisions contained herein which shall be enforced in accordance with their
respective terms. Any of the provisions of this Agreement may be waived by the party
entitled to the benefit thereof. Neither party will be deemed, by any act or omission, to have
waived any of its right or remedies hereunder unless such waiver is in writing and signed by
the waiving party, and then only to the extent specifically set forth in such writing. A waiver
with reference to one event will not be construed as continuing or as a bar to or waiver of
any other right or remedy, or as to a subsequent event. White House Liquidation will
determine the content, appearance, functionality and all other aspects of the Site in its sole
discretion, and may redesign, modify, and alter the content, appearance, and functionality of
the Site from time to time in its sole discretion. You understand and agree that the sale of
Listed Product through the Site is not exclusive, and the same type of inventory may be sold
to other bidders. You further understand and agree that White House Liquidation is not
guaranteeing any minimum quantity, quality or a certain type of product. This Agreement
(including any applicable amendments), and the Terms of Use on the Site, constitutes the
entire agreement and understanding between the parties with respect to the subject matter
hereof and supersedes all prior agreements and understandings relating to such subject
matter, and may not be amended, supplemented, or modified in any way, except by an
amendment in writing. No amendment to this Agreement will be affected by the
acknowledgement or acceptance of a purchase order, invoice, or other forms stipulating
additional or different terms. You acknowledge and agree that previously executed
amendments to a prior version of this Agreement will remain in effect until terminated or
superseded. In the event of any conflict between the Terms of Use on the Site and this
Agreement, the terms and conditions of this Agreement shall govern. The expiration or
termination of this Agreement will not terminate vested rights of either party from any
liabilities or obligations incurred under this Agreement prior to or which by its express terms
or by their nature are intended to survive expiration or termination, including but not limited
to provisions relating to confidentiality, payment, sanitization obligations, and
indemnification.
Exhibit A
Product Sanitization Requirements
Objective
As part of White House Liquidation's business and capabilities, White House
Liquidation's Service Providers may receive media and/or devices that may contain
personal information. As it relates to these standards, "Personal Information" is data that
can identify an individual, be linked to an identified or reasonably identifiable individual, or
information owned or created by an individual (e.g., photos, videos, movies, documents),
and subsequently stored on a product, device or the media contained therein.
Standards
This Exhibit sets out the sanitization standards to be followed prior to the transfer,
disposal, refurbishing, recycling, resale or any other disposition ("Handling") of all devices
capable of data storage and/or storage media of any kind. Prior to Handling, Service
Providers must use an industry-standard tool or process that meets or exceeds the
requirements outlined in the National Institute of Standards and Technology Special
Publication 800-88 rev. 1, Guidelines for Media Sanitization, any successor version, or other
industry-accepted tools, software, or processes to reasonably remove all data from the
device or make such data unrecoverable with commercially available tools, processes or
methods (a "Sanitization Method") whereby such product is thereafter deemed "Sanitized".
Sanitization Methods
In determining the appropriate Sanitization Method to achieve the required Sanitized
state before Handling, Service Provider shall use of one or more of the following methods:
1. Following applicable vendor-specific and product-specific recommendations or
guidelines, when available;
2. Using industry-standard tools and capabilities, including software or firmware,
designed explicitly for data deletion, following the product guidance on the proper
use of these tool(s) or capabilities; or
3. Using industry-standard methodologies for physical destruction of the media,
which may include, for example, shredding, drilling, crushing, electromagnetic
wiping, heat, solvent baths, or other methods of physical destruction that
accomplish a Sanitized state.
In all instances, Service Provider is solely responsible for ensuring the use of
physical destruction Sanitization Methods (Option (3)) is consistent with all applicable laws
and commercially reasonable business practices including, but not limited to, those
addressing health, safety, and environmental concerns.
Confirming Successful Sanitization Methods
Service Provider shall undertake commercially reasonable efforts to ensure that the
selected Sanitization Method does in fact yield a Sanitized state for a specific product by a
specific vendor. White House Liquidation will have the right to examine and conduct audits
of operational controls, processes, procedures, books and records, which may include
inspection of any facility where Service Provider is providing White House Liquidation
services, as well as discussion with Service Provider's management personal and material
subcontractors to verify Service Provider's compliance with the Product Sanitization
Requirements.
Terms of Service
PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR
USING THE White House Liquidation
WEBSITE OR RELATED SERVICES.
Welcome to the White House Liquidation Site and Services (“White House Liquidation”)
Description of the White House Liquidation Service
White House Liquidation provides an online resource for browsing, purchasing, and
reselling liquidated, overstock, open box and refurbished inventory at a discount. You must
provide (1) all equipment necessary for your own Internet connection, including computer
and connectivity and (2) provide for your access to the Internet, and (3) pay any fees related
with such connection.
Please read these Terms of Service before accessing this web site. This is a legally
binding agreement between you and us. If you choose to purchase products from the White
House Liquidation website, you must also abide by the Terms of Purchase that you will be
asked to acknowledge, including those governing purchases through White House
Liquidation Actions, if applicable.
These Terms of Service set forth the terms of use of White House Liquidation. By
using the White House Liquidation web site you agree to these terms and conditions. If you
do not agree to the terms and conditions, you must immediately cease all usage of White
House Liquidation.
In addition to these Terms of Service and the Terms of Purchase (applicable if you
choose to purchase products), your use of White House Liquidation is also governed by our
Privacy Notice. You agree to White House Liquidation’s collection, use and sharing of your
information as set forth in the Privacy Notice, which may be amended by us from time to
time in our discretion. When using White House Liquidation, you will be subject to any
posted terms or guidelines applicable to such services, and any other terms or conditions
applicable to services provided by or in conjunction with any of White House Liquidation's
content and service partners. The Privacy Notice and any posted terms or guidelines are
hereby incorporated by reference into these Terms of Service.
If you do not understand and agree to these Terms of Service, please do not use
White House Liquidation, and do not register to be a user or create an account on White
House Liquidation. If you have any questions or concerns regarding these Terms of Service,
please let us know by contacting us at WHLiquidation@gmail.com. Do not use White House
Liquidation until these questions and concerns have been answered to your satisfaction and
you agree to abide by the terms and conditions of these Terms of Service.
By visiting White House Liquidation and/or by completing the registration process
and creating an account for White House Liquidation, you represent and warrant that you
have read, understand, have the legal capacity to, and hereby agree to be legally bound by
these terms and conditions. White House Liquidation IS AVAILABLE ONLY TO USERS 18
YEARS OF AGE OR OLDER.
Modifications to these Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions
of these Terms of Service without prior notice. Modifications shall become effective
immediately upon being posted at White House Liquidation. Your continued use of White
House Liquidation after amendments are posted constitutes an acknowledgement and
acceptance of these Terms of Service and any modifications.
If you do not agree to the revised terms and conditions, your sole recourse is to
immediately stop all use of White House Liquidation. Your continued use of White House
Liquidation following the posting of modifications will constitute your acceptance of the
revised terms and conditions. Should you have any questions regarding the use of White
House Liquidation, please contact whliquidation@gmail.com.
Use of the White House Liquidation Services
Use of White House Liquidation is void where prohibited. By accessing or otherwise
using White House Liquidation, you are acknowledging and agreeing, and representing and
warranting that (i) you have read, understand, and agree to be legally bound and to abide
by these Terms of Service, just as if you had signed a written agreement; (ii) you have the
right, authority and capacity to enter into this agreement and to abide by all the terms and
conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person
or entity, you are authorized to act on behalf of such party.
White House Liquidation does NOT assume responsibility for filtering or monitoring
the content viewed by its members. We reserve the right, at any time, to: (a) modify or
discontinue some or all of White House Liquidation, including, but not limited to (i) restricting
the time White House Liquidation is available, (ii) restricting the amount of use of White
House Liquidation permitted, and (iii) restricting or terminating any user's right to use White
House Liquidation, with or without notice, including but not limited to because of
non-payment or abandonment of goods; (b) charge fees in connection with the use of all or
part of White House Liquidation; (c) modify and/or waive any fees charged in connection
with White House Liquidation; and/or (d) offer opportunities to some or all users of White
House Liquidation. You agree that neither we nor any of our affiliates shall be liable to you
or to any third party for any modification, suspension or discontinuance of White House
Liquidation, in whole or in part, or of any service, content or feature offered through White
House Liquidation. Your continued use of White House Liquidation following the posting of
changes to these Terms of Service will constitute your acceptance of such changes.
Subject to the above, the terms and conditions set forth herein, and any applicable third
party restrictions, White House Liquidation grants you a revocable, non-transferable,
non-exclusive and non-sublicensable limited right and license to view, use and access
White House Liquidation to (a) incidentally view, print and download the images, text,
graphics, photographs, audio, video and other content to the extent made available by
White House Liquidation for such purposes on White House Liquidation, solely for your
informational purposes and for your immediate and private use; (b) make purchases of
goods and services through links found on or through White House Liquidation once you
have agreed to the terms and conditions, and have acknowledged the Terms of Purchase;
and (c) resell those goods and services at your own expense provided that you accept all
risks associated with such resales. At all times you must retain all White House Liquidation
or third-party copyright and proprietary notices contained in the original materials or any
copies thereof. All rights to ownership or use not expressly stated herein are reserved by
White House Liquidation. White House Liquidation disclaims any and all implied licenses.
Registration
In order to use certain services on White House Liquidation, you must create an
account, which makes you a registered user of White House Liquidation. You agree that
White House Liquidation user names may be refused, changed, removed or replaced by us
for reasons including, but not limited to, using a user name to impersonate another person,
if a user name is offensive or violates third party intellectual property, or if a user is
pretexting to gather information about our services.
If you elect to register to utilize White House Liquidation and/or participate in any
White House Liquidation promotions, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the White House Liquidation account
registration form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it accurate. If you provide any information
that is untrue, inaccurate, or incomplete, or White House Liquidation has reasonable
grounds to suspect that such is the case, White House Liquidation has the right to suspend
or terminate your account (including any payments or pending orders) and refuse any and
all current or future use of White House Liquidation (or any portion thereof).
In addition to any other Registration Data, to register on White House Liquidation you
will be required to choose a password. You are solely responsible for maintaining the
confidentiality of any password you may use to access White House Liquidation, and agree
not to transfer your user name or password, or lend or otherwise transfer your use of or
access to White House Liquidation, to any third party. You are fully responsible for all
activity that occurs in connection with your user name or password. You agree to
immediately notify us of any unauthorized use of your user name or password or any other
breach of security related to your account or White House Liquidation, and to ensure that
you "log off"/exit from your account (if applicable) at the end of each session. We are not
liable for any loss or damage arising from your failure to comply with any of the foregoing
obligations.
You may also be required to provide a resale certificate (or legally equivalent
document) to White House Liquidation via email to whliquidation@gmail.com. For more
information please see the Terms of Purchase.
In addition to any other rights or remedies available to it, White House Liquidation
reserves the right to immediately suspend, terminate, access and investigate the user
account of any user upon receipt of a subpoena or law enforcement request, or when White
House Liquidation believes, in its sole discretion, that a user is transmitting or is otherwise
connected with the distribution of unsolicited bulk email messages (SPAM), or with any
fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty
associated with quantifying damages, if actual damages cannot be reasonably calculated
then you agree to pay White House Liquidation liquidated damages of $5 for each piece of
unsolicited bulk email connected with your account that references White House
Liquidation, or any goods and services offered on by White House Liquidation or its
licensees or licensors on White House Liquidation, or the maximum liquidated damages
permitted under law, whichever is greater.
You agree that White House Liquidation, in its sole and absolute discretion, may
terminate your password, account (or any part thereof) or use of White House Liquidation,
for any reason, including, without limitation, if White House Liquidation believes that you
have violated or acted inconsistently with the letter or spirit of these Terms of Service. White
House Liquidation may also in its sole discretion and at any time discontinue providing
White House Liquidation, or any part thereof, with or without notice. You agree that any
termination of your access to White House Liquidation under any provision of these Terms
of Service may be effected without prior notice, and acknowledge and agree that we may
immediately deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or to White House Liquidation. Further,
you agree that we shall not be liable to you or any third-party for any termination of your
access to White House Liquidation.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of
damages, limitations of liability and indemnification shall survive any termination of the
Terms of Service, Privacy Notice, or use of White House Liquidation.
User Conduct and Acceptable Use Notice
Unauthorized use of White House Liquidation is expressly prohibited. You may not
use White House Liquidation in any way that violates applicable federal, state, or
international law, or for any unlawful purpose.
Additionally, White House Liquidation reserves the right, without limitation, to
terminate your access to and use of White House Liquidation if, in our view, your conduct
fails to meet any of the following guidelines for User conduct. Please note that this list of
guidelines are not inclusive, and White House Liquidation may suspend or terminate your
access for any or no reason, in its sole discretion:
○ You may not misrepresent your identity or impersonate any person.
○ You may not attempt to gain access to any account, computers or
networks related to White House Liquidation without authorization.
○ You may not attempt to obtain any data through any means from White
House Liquidation, except if we intend to provide or make it available to
you, which includes scraping or monitoring activity or pricing.
○ You may not attempt to charge others to use White House Liquidation
either directly or indirectly.
○ You may not use White House Liquidation to harvest or otherwise collect
information about others, including e-mail addresses.
○ You may not attempt to modify, translate, adapt, edit, copy, decompile,
disassemble, or reverse engineer any software used in connection with
White House Liquidation.
○ You may not copy or imitate any language or design elements used by
White House Liquidation.
○ You may not use White House Liquidation in a manner that results in
excessive bandwidth usage, as determined by a representative of White
House Liquidation. Use of White House Liquidation on any desktop or
portable application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the
sole and exclusive discretion of White House Liquidation. White House Liquidation
reserves the right, in its sole discretion, to determine whether and what action to take
in response to each such notification, and any action or inaction in a particular
instance shall not dictate or limit White House Liquidation’s response to a future
complaint.
Limitation of Liability
THE WHITE HOUSE LIQUIDATION SITE, SERVICES AND CONTENT ARE
PROVIDED "AS IS" AND WHITE HOUSE LIQUIDATION EXCLUDES TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS
WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
YOU, NOT WHITE HOUSE LIQUIDATION, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS
WEBSITE
IN NO EVENT WILL WHITE HOUSE LIQUIDATION BE LIABLE TO YOU OR YOUR
END USERS OR CUSTOMERS FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR AMOUNTS FOR LOSS OF INCOME,
PROFITS OR SAVINGS, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF
WHITE HOUSE LIQUIDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WHITE HOUSE LIQUIDATION’S CUMULATIVE LIABILITY FOR ALL CLAIMS
ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY CAUSE OF
ACTION SOUNDING IN CONTRACT, TORT, EQUITY OR STRICT LIABILITY, WILL NOT
EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE PARTICULAR LINE
ITEM OF THE ORDER GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS OF
LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER
PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN
INEFFECTIVE. IN NO EVENT WILL WHITE HOUSE LIQUIDATION BE LIABLE FOR ANY
ERROR IN A PALLET LISTING. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH
PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT.
Except as specifically stated in this Notice, or elsewhere on White House Liquidation,
or as otherwise required by applicable law, neither White House Liquidation nor its directors,
employees, content providers, affiliates or other representatives will be liable for damages
of any kind (including, without limitation, lost profits, direct, indirect, compensatory,
consequential, exemplary, special, incidental or punitive damages) arising out of your use
of, your inability to use or the performance of White House Liquidation or the content
whether or not we have been advised of the possibility of such damages.
In the event that, notwithstanding the foregoing disclaimers, limitations and
indemnification, White House Liquidation is found responsible to any user for any reason
whatsoever, White House Liquidation’ responsibility shall be limited to $50.00 or actual
damages, whichever is less, and shall not include punitive damages or consequential or
resulting damages of any nature.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR
ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHITE HOUSE
LIQUIDATION, INC (“WHITE HOUSE LIQUIDATION”), ITS PARENTS, AFFILIATES AND
SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS,
REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND
AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE
OF THE WHITE HOUSE LIQUIDATION SITE, PRODUCTS OR SERVICES, AND/OR
RESALE OF ANY PRODUCTS OR SERVICES THEREFROM. 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 AGREE TO IMMEDIATELY NOTIFY WHITE
HOUSE LIQUIDATION OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY
OTHER BREACH OF SECURITY KNOWN TO YOU.
Third-Party Sites
White House Liquidation and certain content may contain advertisements for or links
to other Internet sites or resources. White House Liquidation may contain features and
functionalities linking you or providing you with certain functionality and access to third party
content, including Web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the Internet as a
whole. We may also provide some content to you as part of White House Liquidation. We
encourage you to review said privacy policies of third-parties’ sites. Should you have any
problems resulting from your use of any third-party services, or should you suffer data loss
or other losses as a result of problems with any of your other service providers or any
third-party services, we will not be responsible unless the problem was the direct result of
our breaches.
Governing Jurisdiction of the Courts
The laws of the District of Columbia will govern these Terms of Service, without
giving effect to any choice of law rules. We make no representation that White House
Liquidation is appropriate, legal or available for use in other locations. Accordingly, you
irrevocably submit to the jurisdiction of the courts located in the District of Columbia for all
disputes. You and White House Liquidation, Inc., to the fullest extent permitted by law,
waive all right to trial by jury in any action, proceeding or counterclaim relating to these
Terms of Service. The application of the United Nations Convention on Contracts for the
International Sale of Goods, the Uniform Computer Information Transactions Act (UCITA) or
any statute modeled after either of the above is expressly excluded. The provisions of this
paragraph shall survive, even if you cease your use of White House Liquidation.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with
any such laws. You may not use White House Liquidation in any way that violates
applicable state, federal, or international laws, regulations or other government
requirements, specifically including any regulations regarding exporting items outside the
United States.
Copyright and Trademark Information
All Services included or available on White House Liquidation, including site design,
text, graphics, interfaces, and the selection and arrangements thereof is owned or licensed
by White House Liquidation, Inc, with all rights reserved, or is the property of third parties
protected by intellectual property rights. Any use of materials on the web site, including
reproduction for purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other commercial exploitation of
any kind, without prior written permission of an authorized officer of White House
Liquidation is strictly prohibited. You agree that you will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized officer of White House
Liquidation.
Intellectual Property Rights and Notices
Except for the licenses granted herein, you have no right, title or interest in or to
White House Liquidation. You agree that White House Liquidation or its licensors retain all
proprietary right, title and interest, including copyright and all other intellectual property
rights, in and to White House Liquidation.
White House Liquidation, and any associated logos, site graphics, look and feel, etc.
are either trademarks, service marks or registered trademarks of White House Liquidation,
Inc. or its licensors, and may not be copied, imitated, or used, in whole or in part, without
White House Liquidation’s prior written permission or that of our suppliers or licensors.
Other product and company names may be trade or service marks of their respective
owners.
White House Liquidation may have patents, patent applications, trademarks,
copyrights, or other intellectual property rights covering subject matter in its Site(s) that are
part of White House Liquidation. Unless we have granted you licenses to our intellectual
property, our providing you with White House Liquidation does not give you any license to
our intellectual property. Any rights not expressly granted herein are reserved.
Notices 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 contact whliquidation@gmail.com and provide the written information
specified below:
○ 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;
○ 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.
Other Terms
If any provision of these Terms of Service shall be unlawful, void or unenforceable for
any reason, the other provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that these Terms of Service and any other agreements referenced herein may be
assigned by White House Liquidation in our sole discretion, to a third party in the event of a
merger or acquisition. These Terms of Service shall apply in addition to, and shall not be
superseded by, any other written agreement between us in relation to your participation as a
user. You agree that by accepting these Terms of Service, you are consenting to the use
and disclosure of your personally identifiable information and other practices described in
our Privacy Notice.
Privacy
Your use of White House Liquidation signifies acknowledgment of, and agreement
to, the White House Liquidation Privacy Notice. You further acknowledge and agree that
White House Liquidation may disclose your personal information if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably necessary to
comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to
protect the rights, property, or personal safety of White House Liquidation, its employees,
users and third parties, and the public, or as otherwise described in the Privacy Notice.
Notice for California Residents Only:
California Shine the Light Law
If you reside in California, you have the right to ask us one time each year if we have shared
personal information with third parties for their direct marketing purposes. Please allow 30
days for a response.
If you are a minor under 18 and have a profile on White House Liquidation, you may ask us
to remove reviews or other content that you posted on the site by writing to
whliquidation@gmail.com. We will begin to process your request within 30 days. Please
note that processing your request does not ensure complete or comprehensive removal of
the content that you posted.
California Consumer Privacy Act
Effective January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) provides
California residents with the following rights:
○ The right to opt-out of our website’s sale of your Personal Information
(defined below). To opt out, please email whliquidation@gmail.com
○ The right to request the deletion of your Personal Information.
○ The right to request access to data. You may request a report no more
than twice in a 12-month period. You can request the following
information:
■ Categories of Personal Information we collected about you
during the preceding 12 months.
■ Categories of sources from which we collected the Personal
Information during the preceding 12 months.
■ The business or commercial purpose(s) for collecting or selling
your Personal Information during the preceding 12 months.
■ Categories of third parties with whom we share the Personal
Information during the preceding 12 months.
■ The specific pieces of Personal Information we collected about
you during the preceding 12 months.
■ Categories of personal information we have sold and categories
of third parties to whom your personal information was sold to
during the preceding 12 months.
■ Categories of personal information we disclosed about you for a
business purpose during the preceding 12 months.
■ Categories of third parties to whom personal information was
disclosed for a business purpose during the preceding 12
months.
■ The right to not be discriminated against if you choose to
exercise any of your rights under the CCPA.
To make any such request(s), please email whliquidation@gmail.com
Please allow for 45 days for a response to a data access request.
For purposes of exercising your rights under the CCPA, please note the following
regarding how we collect and use your Personal Information:
○ We may collect the following categories of your Personal Information:
identifiers (such as your name, mailing address, email address, and
phone number); demographic information, including characteristics of
protected classifications (such as age and gender); commercial
information (such as products purchased); internet or other electronic
network activity information (e.g. “cookies”); mobile device identifiers;
geolocation data; audio, electronic, device, visual, or similar information;
inferences drawn from any of the above (such as your interests and
preferences). For purposes of this notice, the aforementioned categories
are “Personal Information”.
○ We disclose the following categories of Personal Information for a
business purpose: identifiers; commercial information; device information;
demographic information.
○ We sell the following categories of Personal Information by sharing them
with third-parties who provide services to us: identifiers; event
information; demographic information; internet or other electronic network
activity information.
We collect your personal information to provide you products and services,
such as to fulfill your requests for products or to help us personalize our offerings to
you. We also use your personal information to support our business functions, such
as fraud prevention, marketing, and legal functions. To do this, we combine personal
and non-personal information, collected online and/or offline, including information
from third party sources. We also use your information to follow up on your
purchases and seek feedback and reviews on products.
Electronic Delivery/Notice Notice And Your Consent
By using White House Liquidation, you consent to receive from White House
Liquidation all communications including notices, agreements, legally required disclosures
or other information in connection with White House Liquidation (collectively, "Contract
Notices") electronically. White House Liquidation may provide such electronic Contract
Notices by posting them on White House Liquidation.
No failure or delay by White House Liquidation in exercising any right or privilege
under these Terms of Service will operate as a waiver thereof, nor will any single or partial
exercise of any right or privilege preclude any other or further exercise thereof or the
exercise of any other right or privilege under these Terms of Service. If any provision of
these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
Auctions Terms & Conditions
White House Liquidation reserves the right to accept or reject any bid received. If
your bid is elected, and you have submitted multiple bids on the same lot, you will be billed
for the highest bid amount. Bids are considered final, and bids may not be retracted once
placed.
White House Liquidation does not discriminate on the basis of race, color, religion
(creed), gender, gender expression, age, national origin (ancestry), disability, marital status,
sexual orientation, or military status, or any other status, in any of its activities or operations.
Auctions shipping for cases and pallets is governed by White House Liquidation’s Terms of
Purchase.Items in some lots may require delabeling. Please see the delabeling policy in the
White House Liquidation Terms of Purchase before submitting your bid.
By submitting a bid, you agree to purchase the specified lot at the submitted bid
price, plus shipping, applicable taxes and a 3% processing fee within forty-eight (48) hours
of invoice. Failure to timely pay for your purchase will be deemed a breach of your purchase
obligation, will be recorded in your account history and your ability to purchase in the future
may be impacted, and White House Liquidation reserves all rights and remedies to collect
any unpaid amounts.
Entire Agreement – Use of White House Liquidation
These Terms of Service and the White House Liquidation Privacy Notice sets forth
the entire agreement and understanding between White House Liquidation Inc., and you
with respect to the use of White House Liquidation, and, supersedes and merges any and
all prior oral or contemporaneous agreements, discussions and understandings between
the parties, and neither of the parties will be bound by any conditions, inducements or
representations other than as expressly provided. Product purchases are governed by
these Terms of Service, the White House Liquidation Privacy Notice, and the White House
Liquidation Terms of Purchase, which must be acknowledged by you prior to making
purchases.