CALL US:+1.818.394.9712 SEND EMAIL

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 ornetworks related to White House Liquidation without authorization.
  • You may not attempt to obtain any data through any means from WhiteHouse 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 disputeduse 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.

request(s), please email info@whitehouseliquidation.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.

Back To Top