TERMS OF SERVICE
1) ACCEPTANCE OF TERMS
a) Welcome to Ameritrading Liquidations, these terms of use described below constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and Ameritrading Liquidations, LLC (“Company”, “We”, “us” or “our”), in connection with your access to and use of the ameritradingliquidations.com website, as well as any other related, linked or connected means of communication, media channel, mobile website or mobile application in any other way and which are collectively hereinafter referred to as the “Site” owned and operated by Ameritrading Liquidations, LLC. In this sense, you accept that by accessing the Site, you have read, understood and agreed to be bound by all these terms of use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST STOP USING IT IMMEDIATELY.
b) Read these terms and conditions of service carefully. This is a legally binding agreement between you and us. If you choose to purchase Ameritrading Liquidations products, you must also abide by the purchase agreement. These terms and conditions of service establish the purchasing standards for Ameritrading Liquidations. By registering as a customer, you agree to these terms and conditions. If you do not agree to the terms and conditions of services in this agreement, you must immediately cease all business with Ameritrading Liquidations.
c) If you choose to register with Ameritrading Liquidations and / or participate in any promotion from us, you agree to: (i) provide true, accurate, current and complete information about yourself as requested by the account registration form (such information is the « Registration Data ») and (ii) immediately maintain and update registration data to keep it accurate by email or phone. If you provide false, inaccurate or incomplete information, or if Ameritrading Liquidations has reasonable grounds to suspect that this is the case, Ameritrading Liquidations has the right to suspend or terminate your account (including pending payments or orders) and reject any and all of the current or future business with Ameritrading Liquidations (or any part thereof).
d) You agree that Ameritrading Liquidations, in its sole and absolute discretion, may terminate your account (or any part thereof) for any reason, including, but not limited to, if Ameritrading Liquidations believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions of service. Ameritrading Liquidations may also, at its sole discretion and at any time, discontinue the supply of its goods and services, or any part thereof, with or without prior notice. You agree that any cancellation of your access to Ameritrading Liquidations, under any provision of these terms and conditions of service, may be made without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account. and / or prohibit any additional access to said files.
e) The provisions of these terms and conditions of service related to disclaimers, exclusions of damages, limitations of liability and indemnification will survive the termination of the terms of service or the main purchase agreement.
f) You are responsible for paying any shipping and handling charges and any state and local sales or use taxes that may apply to your order.
g) While we aim to be 100% error-free, we do not guarantee that any content is accurate or complete, including pricing information and product specifications. If we discover pricing errors, they will be corrected in our systems and the price corrected. will be applied to your order. Ameritrading Liquidations reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions (even after an order has been shipped and accepted).
h) Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these terms of use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these terms of use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions of use to stay informed of updates. You will be subject to, and it will be considered that you have been informed and that you have accepted the changes in the terms of use, by your continued use of the Site, after the date in which said terms and conditions of use are published.
i) The information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or that subjects us to any registration requirement within said jurisdiction or country. Consequently, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
j) The Site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Administration Act (FISMA), etc., so if your interactions would be subject to such laws, you may not use this site, you may not use the site in a way that violates the Gramm-Leach-Bliley Act (GLBA).
PERSONS UNDER THE AGE OF 18 MAY NOT USE OR REGISTER ON THE SITE.
2) NO WARRANTIES; EXCLUSION OF LIABILITY
a) Ameritrading Liquidations is not responsible for the suitability of the information, materials and products for any purpose. All of these products are provided “as is” without warranty of any kind, express or implied. Ameritrading Liquidations specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
b) Ameritrading Liquidations shall not be liable for any errors or omissions in the content of the information, materials or products provided or purchased by the customer, for their action or inaction in relation to such information, materials or products, or for any damage to your property or data or any other damage that may be incurred in relation to such information, materials or products. You buy at your own risk. In no event will we Ameritrading Liquidations, its owners, directors, employees, affiliates or agents be liable to you or any third party for any damages, whether direct, indirect, punitive, incidental, special or consequential arising out of or in any way related to the information, materials or products provided or purchased by the customer, whether by contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.
c) Ameritrading Liquidations is not responsible for personal injury or property damage, of any nature, resulting from your access to and use of the site, as well as from any unauthorized access or use of our secure servers and / or any and all personal information and / or financial information stored therein.
d) Ameritrading Liquidations will not be liable for any interruption or cessation of transmission to or from the site, as well as for any errors, viruses, Trojan horses, or what may be transmitted to the site or through the site by any third party, and / or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise available through the site. In this sense, we do not guarantee, approve, or assume responsibility for any advertised product or service offered by a third party through the site, any hyperlinked website or any website or mobile application that is presented in any banner or other advertising. We will not be, party, or in any way responsible for monitoring any transaction between you and any third party provider of products or services.
As with purchasing a product or service through any medium or in any environment, you should use your best judgment and exercise caution where you deem appropriate.
3) GENERAL
a) You agree that this agreement and your relationship with Ameritrading Liquidations are governed by the laws of the State of Florida, USA You hereby accept the exclusive jurisdiction and venue of the courts, tribunals, agencies and other organizations of dispute resolution in Orlando, Florida, USA In all disputes, (a) arising out of, relating to or relating to Ameritrading Liquidations and / or this agreement, (b) where this agreement is a matter or a material fact, or (c) in which this agreement is referenced in a document filed with a court, tribunal, agency, or other dispute resolution organization. Ameritrading Liquidations has endeavored to comply with all legal requirements that you are aware of when creating and maintaining your business, but does not represent such information.
b) You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk, and if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed to be superseded by a valid and enforceable provision that matches more with the intent of the original provision and the rest of the agreement that will govern such use.
c) With the prior agreement of Ameritrading Liquidations, any claim, dispute or controversy arising out of, in connection with or with respect to this agreement will be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any arbitration proceedings taking place in Orlando, Florida, USA The decisions of the arbitrators will be binding and conclusive for all parties involved and any court having competent jurisdiction may render a judgment on any award of the arbitrators. This provision will be specifically enforceable in any court of competent jurisdiction.
d) You agree that Ameritrading Liquidations may at any time and without prior notice and consent, change the terms, conditions and notices under which the information, materials and products are offered. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ameritrading Liquidations due to this agreement.
e) This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ameritrading Liquidations. No modification of this agreement will be effective unless written by Ameritrading Liquidations. Any alleged waiver of any breach of this agreement will not be considered a waiver of any future breach. A printed version of this agreement and / or any notice given by Ameritrading Liquidations in electronic form, will be admissible in judicial or administrative proceedings based on or related to this agreement to the same extent and subject to the same conditions as other documents and business records originally generated and maintained by Ameritrading Liquidations in paper form.
MAIN PURCHASE AGREEMENT
1) Acceptance of the agreement.
a) Acceptance of Terms: This Purchase Terms Agreement (“Agreement”) is an ongoing contract between you and Ameritrading Liquidations. This Agreement governs your purchase of Ameritrading Liquidations products. By signing, you agree to be bound by this Agreement. If you do not consent to this Agreement, you will not be allowed to register as a customer and therefore will not be able to purchase Ameritrading Liquidations products.
b) Modification of Terms: Ameritrading Liquidations reserves the right, in its sole and absolute discretion, from time to time, with or without prior notice, to change this Agreement. The most current version of the Agreement will supersede all previous versions. Your continued purchases after the changes constitute your notification and acceptance of those changes. No purchase order or other documentation issued by you to Ameritrading Liquidations will alter this Agreement.
2) Additional definitions.
a) “Buyer” or “you” or “your” shall mean the person who purchases Ameritrading Liquidations products under the terms described in this document and the entity that person represents when making the purchase, if applicable.
b) The “Purchase Completed” occurs when: (i) you have provided Ameritrading Liquidations with all the purchase information requested by email, telephone or in person at the time of purchase or before (ii) the amount of money that Ameritrading Liquidations must receive in your bank accounts, related to the purchase of the products.
c) “Products” shall mean the Ameritrading Liquidations products that are available for purchase under the terms and conditions described in this document.
d) “Listing” shall mean the content provided by Ameritrading Liquidations in various forms associated with particular products, including, without limitation, the description and quantity of the products. Ameritrading Liquidations shall have the right to modify or correct any listing at any time and such modification will be binding on any purchase of any product purchased after such modification has been made.
e) “Promotional Content” shall mean all information, service or content provided by Ameritrading Liquidations or its agents in any medium in connection with this agreement, including promotional content and any Listing.
f) “Ameritrading Liquidations Premises or Headquarters” shall mean any physical facility used or designated by Ameritrading Liquidations to store or distribute any product, which may include a facility owned and operated by a third party.
3) Sales process.
Products: Products consist of customer returns, store returns, warehouse returns, inventory surplus, shelf surplus, irregular, new, or any item in stock that may or may not have previously been sold. The condition of the products will vary. Ameritrading Liquidations does not guarantee that the listings are accurate, complete, reliable, current, or error-free. The actual quantity of products in each batch may be less or greater than the quantity established in the Listing or manifest and may be damaged. Accessories such as remote controls, cables and instructions among others and depending on the type of product, may or may not be included.
4) Conditions of sale; Pay.
a) Purchase price: In consideration for your payment of the purchase price established for the products, it will be called (the “Purchase Price”) and all applicable taxes. Ameritrading Liquidations agrees to sell you the products for which you have applied and has complied with the terms set forth in this Agreement. You agree to pay the purchase price and all applicable taxes and fees applicable to the products, either (i) in cash or (ii) by transferring the full amount of the purchase price and such taxes to the Ameritrading account. Liquidations established in the transfer instructions provided by the company. The instructions and other conditions set forth in this agreement are part of the contract between you and Ameritrading Liquidations and therefore create enforceable obligations between Ameritrading Liquidations and you. Your registration as a client affirms your acceptance of all the terms and conditions established in the terms of service of this agreement. Nothing in this agreement will obligate Ameritrading Liquidations to sell products to you. You will be responsible for all taxes, repackaging of the products, handling, shipping costs and any other expenses incurred in connection with your purchase below.
b) Canceled Purchases: Please note that there may be certain purchases that Ameritrading Liquidations cannot accept and must cancel. Ameritrading Liquidations reserves the right, in its sole discretion, to reject or cancel any purchase for any reason and at any time. Some situations that may result in the cancellation of your purchase include, but are not limited to, inaccuracies or errors in product information or problems identified by the Ameritrading Liquidations Credit and Fraud Department. While Ameritrading Liquidations strives to provide accurate product information, typographical or system errors can occur. In the event that products are listed incorrectly or products are listed with incorrect information due to an error in the quantity, condition, or other product information, Ameritrading Liquidations shall have the right, in its sole discretion, to refuse or cancel any purchase made. for such products. In the event that Ameritrading Liquidations must cancel a purchase, Ameritrading Liquidations will cancel your purchase and notify you of such cancellation by email.
c) Payment conditions: You must send the purchase price to Ameritrading Liquidations under the payment terms established in the Listing, Sales Order, proforma or Invoice provided and this Agreement. Ameritrading Liquidations may revise the payment terms from time to time, in its sole discretion, upon notification by email; provided that any change in the payment terms is not effective for any sale pending at that time, but will only be effective for the next sale after such notification. Upon acceptance of said Purchase price, you accept and undertake to comply with any other condition, such as the payment of applicable taxes or fees.
d) Other conditions:
- Ameritrading Liquidations will not be obligated to complete any sale or deliver any product to you unless and until you have submitted an accurate and complete resale certificate on a form acceptable to Ameritrading Liquidations. Ameritrading Liquidations reserves the right to complete any sale or deliver a product in the absence of an accurate and complete resale certificate.
- Any breach of this section 4 by the buyer may result in Ameritrading Liquidations terminating the buyer’s access to product purchases. Buyer further acknowledges and agrees that such failure will result in immediate irreparable damage to Ameritrading Liquidations. Monetary damages may not be a sufficient remedy for such a default. Consequently, Ameritrading Liquidations shall be entitled to just compensation through temporary and permanent injunctions, in addition to monetary damages, and any other additional compensation that any court of competent jurisdiction deems fair and adequate. In the event that Ameritrading Liquidations uses any remedy provided by this provision, Ameritrading Liquidations shall not be deemed to have waived any other rights or remedies available under this agreement or applicable law.
5) Elimination and acceptance of products from inventory.
a) Product Pickup and Shipping: Ameritrading Liquidations will not provide shipping for each and every product purchase. All products sold by Ameritrading Liquidations are EX WORKS (EXW), that is, they are delivered to the warehouse or warehouse of Ameritrading Liquidations unless otherwise specified, for which you are responsible for picking up your purchase of products in our warehouse. unless an Ameritrading Liquidations representative specifies or agrees in writing otherwise. If you are unable to pick up the products within five (5) business days after the products are marked as ready for pickup, Ameritrading Liquidations may elect to keep those products, list them for sale, and refund the purchase price you paid. to Ameritrading Liquidations less (i) a storage charge of two percent (2%) of the purchase amount of uncollected products for each day that Ameritrading Liquidations stores such products and (ii) a thirty percent restocking fee (30%) of the purchase price.
b) Title; Risk of Loss: Ownership of the products will remain with Ameritrading Liquidations until you take possession of the products at the inventory location. You expressly acknowledge that the risk of loss and liability for the products will pass to you, when you or your agent receive the products at the inventory location. You expressly acknowledge and agree that you will not have the right to refuse or return products after accepting possession of such products at the inventory location.
c) Acceptance: Your acceptance of possession of the Ameritrading Liquidations products in accordance with Section 5 will constitute an unconditional acceptance of the products and a waiver by you of all claims with respect thereto. ALL SALES ARE FINAL. Returns or refunds are not allowed. All products purchased from Ameritrading Liquidations are sold “as is” without warranty of any kind and are not eligible for any warranty coverage.
d) If you have overpaid, you will have sixty (60) days to decide whether you want a refund of the excess amount by bank transfer, refund to a credit card or check, or to issue a non-refundable credit for future purchases. Once the sixty (60) days have elapsed, no payments, refunds or non-refundable credits will be issued.
e) Ameritrading Liquidations, reserves at its sole discretion, the right to determine the issuance of credit. CREDITS ARE NON-REFUNDABLE. Once a credit has been issued, you will have sixty (60) days to use the credit before it expires. Credits can only be applied to no more than 30% of a total bill.
6) Additional charges and fees.
a) A restocking fee of 30% (thirty percent) of the total invoice will be applied in case of cancellation or change of order.
b) Storage fees: Once the order is packaged and marked as ready to be delivered or picked up, you will have 5 (five) business days to pick up your order. After that 5 (five) day period for collection, a daily storage fee of 2% (two percent) of the purchase price of the products that were not recalled will be applied.
c) Additional Charges: Additional charges such as sales taxes, credit card fees ranging from 3% to 4%, shipping, handling and transportation, are the responsibility of the buyer and are subject to change without notice.
d) Florida Sales Tax Refund. You have until the end of the calendar month in which you made a purchase and paid Florida sales tax to demonstrate exemption from Florida sales tax. Acceptable means of proof are a valid resale certificate, an out-of-state address on a legitimate identification document, or a bill of lading showing a foreign destination.
7) Claims and complaints.
a) Any product shortage, breakage or damage must be claimed directly from the shipping agent or company and not from Ameritrading Liquidations.
b) All claims and complaints should be submitted via the Ameritrading Liquidations customer complaint form in its sole discretion, so that they can be reviewed and considered. This form can be requested from any Ameritrading Liquidations sales consultant or manager.
8) Indemnification.
a) You must indemnify and hold harmless Ameritrading Liquidations LLC, and their respective subsidiaries, affiliates, officers, owners, directors, agents, sales consultants and employees in general from any claim, lawsuit, action, losses and / or costs, including fees of attorneys, due to or arising from (i) any sale, use or handling of the products or (ii) from any breach of this agreement.
b) The indemnification obligation under this Section 8 will survive each subsequent purchase transaction.
9) Disclaimer of warranty; Limitation of liability.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE INVENTORY PRODUCTS ARE PROVIDED BY AMERITRADING LIQUIDATIONS TO YOU “AS IS”, “WITH ALL FAULTS” AND “WHERE IS” AND AMERITRADING LIQUIDATIONS DISCLAIMS ALL WARRANTIES OR ANY EXPLANATORY WARRANTIES OTHERWISE, WITH RESPECT TO THE PRODUCTS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE CONDITION OR QUALITY OF THE PRODUCTS OR THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY REGISTERING THAT YOUR PURCHASE OF AMERITRADING LIQUIDATIONS PRODUCTS IS AT YOUR SOLE RISK. AMERITRADING LIQUIDATIONS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF GOODWILL, CUSTOMERS, OR PROFITS, ARISING FROM OR RELATED TO THESE TERMS. EVEN IF AMERITRADING LIQUIDATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMERITRADING LIQUIDATIONS WILL NOT BE LIABLE FOR ANY ERRORS PRESENT IN ANY LISTING OF PRODUCTS. THESE LIMITATIONS OF LIABILITY WILL APPLY AND SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT.
10) Breach of the agreement.
If you do not comply with the terms or conditions of this agreement, Ameritrading Liquidations may terminate your account immediately, and / or seek any other available remedies.
11) General provisions.
a) This Agreement is governed by the laws of the State of Florida, without reference to its choice of legal rules. Any action or proceeding arising out of, related to, or in any way involving this agreement and / or your participation or involvement with the site, must be brought in the state or federal courts located in Orlando, Florida.
By conducting business with Ameritrading Liquidations, you agree to the exclusive personal jurisdiction of those courts. No waiver of any provision of this agreement will constitute a continuing waiver, and no waiver will be effective unless in signed writing. The division of this Agreement into separate sections, subsections and / or annexes and the insertion of titles or headings are for reference convenience only and will not affect the construction or interpretation of this Agreement.
b) Except as expressly provided herein, this agreement does not confer any rights or privileges on any third party.
c) Ameritrading Liquidations will not be liable to you for failure or delay in complying with this document due in whole or in part to an act of force majeure, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, hurricane, explosion, acts of any government, unforeseen shortage or unavailability of fuel, energy, transportation or supplies, pandemic and any other cause not within the reasonable control of Ameritrading Liquidations, whether or not of the type specifically listed above.
d) Additional guarantees. Each party agrees that it will execute and deliver, or cause to be executed and delivered, all other instruments, and will take all reasonable actions, as necessary, to transfer and transmit any product to the buyer and / or to consummate the transactions contemplated in this document.