Terms of Service and User Agreement

DirectLiquidation.com (hereinafter referred to as “DL”) products and services are provided by Direct Liquidation, LLP. (“Direct Liquidation”, the “Company”, “our”, “us” or “we”), located at 1835 E. Hallandale Beach Blvd BOX 618, Hallandale Beach, FL 33009 USA. These Terms of Service and Use (“Terms”) govern the buyers access to and use of the DirectLiquidation.com website, products and services for the purchase of inventory (“Items”, “Product”, “Pallet”, “Skid” or “Lot”) directly through the Site or Applications. These Terms of Service and Use are effective as of June 1, 2013. Direct Liquidation, LLP. provides the services offered by DirectLiquidation.com (the “Services”) through DirectLiquidation.com (the “Site”, “Application”, “Venue, “Market Place” or “Private Market Place”), and our applications for mobile devices (the “Applications”).

For the opportunity to purchase the liquidation merchandise (“Goods”, “Product”, “Items”, “Returns”, “Surplus”, “Units” and any combinations of the aforementioned with “Salvage”, “Liquidation”, “Surplus”, “Defective”, “Customer”, “Manufacturer”), obtained by and available through DL (hereinafter called “INVENTORY”) Seller is the provider of the INVENTORY offered for sale, Buyer is the purchaser of the INVENTORY offered for sale. Buyer agrees to the following terms and conditions:

Direct Liquidation, LLP. (the “Company”), operator of the DirectLiquidation.com marketplace (herein referred to as DL), provides access to its services (“Service”) to individuals, sole proprietors, partnerships, businesses and corporations (“User”, “Seller”, “Buyer”, “Salvager” or “you”) subject to the following terms and conditions (the “User Agreement”). Our service is comprised of, but not limited to, our network of online marketplaces that include DirectLiquidation.com, online services, account management services, and customer support (“Site and Services”). As a condition of using the Site and Services, the Company requires that you review and accept this User Agreement.

BY REGISTERING TO USE THE SERVICE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS USER AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE.

AGREEMENT

  • I acknowledge and agree to all terms, conditions, policies and agreements outlined in this document.
  • I acknowledge and agree that any and all sales tax (defined as Federal Tax, State Tax, Local Tax and Use Tax) required for the resale of this INVENTORY to consumers will be collected by my company, or by the company/buyer to whom this merchandise has been sold.
  • I agree to indemnify and hold harmless DL Company, DL Clients, DL Business Affiliates, DL Suppliers, DL Contractors or DL Business Associates from any and all sales tax claims of any kind or nature, including but not limited to claims, legal requirements, demands or actions of any kind arising from the collection of sales tax for the merchandise purchased.
  • DL Company, DL Clients, DL Business Affiliates, DL Suppliers, DL Contractors or DL Business Associates (the seller), acting as a wholesaler of said INVENTORY, will exercise good faith in accepting this Agreement from you (the buyer).

1. COMPANY OBJECTIVE AND SERVICES

1.1. Company Objective

The Company’s objective is to provide INVENTORY via motivated Sellers, and/or Direct Liquidation owned inventory, with an end-to-end solution to convert INVENTORY into cash efficiently and reliably, and to provide qualified professional Buyers with a venue to source INVENTORY, on a global scale, at attractive prices.

1.2. Company Services

To fulfill its objectives, the Company has developed a tailored technology and integrated services to liquidate physical INVENTORY and ensure the completion of your transactions. Services provided by the Company include, but are not limited to: due diligence and fraud prevention, Seller/Buyer communication tools, payment collection, integrated shipping, warehousing and logistics management, account management tools, dedicated account personnel, marketing, inspection, and many more services (collectively, the “Services”). These services are described in detail in the Services section, as well as the Buyer and the Seller sections of the website.

1.3. Confidentiality & Security

The Company’s objective is to preserve the confidentiality of your information and your anonymity in the course of the transaction. The Company has made a firm commitment to maintain your privacy and the confidentiality of your personal protected information. Please see our privacy policy for additional information about our collection, use and protection of personal information provided by you to the Company. For further details, please refer to our privacy policy.

2. USER OBLIGATIONS

The Services are available only to individuals or entities that can form legally binding contracts. Without limiting the foregoing, minors in any jurisdiction may not participate in the Services. The Company reserves the right to review and verify the information provided in your registration application and to, at its sole discretion, postpone or reject your registration approval. When the Company has notified a User that their registration form has been approved, the User will become a “Registered User” and shall be permitted to use the Site and Services. The Company reserves the right, at its sole discretion, to review the status and compliance of any User with the terms of this User Agreement and to suspend or terminate a User’s use of the Site and Services without notice.

2.1. User Password

Users select a username and a password, which are subject to the approval of the Company. You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. You agree not to furnish your username, password or other information to any other party for use of the Site and Services. Company personnel will never ask you for your password for any reason. You agree to notify the Company immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services.

2.2. User Information

Each User agrees that all of the information provided in their registration application is timely, true and correct, including, but not limited to, the User’s legal name, address, phone number, fax number, e-mail address, and other personal and business information. You agree to promptly notify the Company should the User information provided need to be updated, changed or deleted. Any requested changes to the shipping address must be made within 24 hours of receipt of invoice and before payment has been applied to the pending transaction. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your use of the Services. User understands that email will be the primary medium for Company to communicate information.

The Company may, in its discretion, but is not obligated to, monitor material, content and information on the Site, including, but not limited to inventory listings and bidding activity, to determine compliance with the terms and conditions of this User Agreement and current and future operating procedures and rules of conduct established by the Company. The Company may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out the terms of this User Agreement, to protect the rights of the Company, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, information, or court order submitted or transmitted to the Company. The Company reserves the right, at its sole discretion and without liability to any User, to amend, edit, remove or otherwise block any material posted by a User which may, in the Company’s sole discretion, violate any state, federal or local law or violate any aspect of this User Agreement or in order to limit the Company’s liability. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company’s Site.

3. BUYER OBLIGATIONS

Users who use the Site to purchase listed INVENTORY of any kind (“Buyer” or “Buyers” or “Salvager”) represent, warrant and agree that:

3.1 Purchasing Activity

3.1.1. Buyer, by engaging in purchasing activity (offering, bidding, acquiring), is demonstrating Buyer’s intention and financial capability to purchase these assets (INVENTORY).

3.1.2. Upon the placing of a bid/offer, the Buyer may not retract, amend or modify their bid without prior approval by the Company.

3.1.3. At the acceptance of an offer, in which Buyer has a winning offer, Buyer agrees to make immediate payment for the total amount of the transaction, shipping costs and all duties and taxes if applicable, using payment methods provided by Company upon receipt of invoice, in no circumstance later than two (2) business days of the payment notification. If the Company does not receive payment within two (2) business days, Buyer will be considered in default of bidding contract and will be responsible for liquidated damages fees of $1000 or 10% of the final transaction price, whichever is greater. The Buyer will immediately be placed in a suspended status until fees are paid.

3.2. INVENTORY Receipt and Inspection

3.2.1. After the close of an offer in which Buyer has been awarded the INVENTORY, Buyer is required to make arrangements to pay for the goods and to take delivery of shipment. If a Buyer refuses shipment of merchandise upon arrival at the Buyer’s location, the Buyer is responsible for the associated shipping charges. Buyer must conduct an inspection of the goods within a reasonable time following receipt (two (2) business days), or waive any claim for damages or non-conformity of the goods.

3.2.2. In the absence of Seller fraud, failure of Buyer to complete the purchase of INVENTORY may result in damages against the Buyer, including all damages available at law or equity. Buyer’s failure to purchase INVENTORY after a Buyer’s high bid/offer is accepted will result in suspension or termination of Buyer’s account. In addition, in the event of Buyer’s failure to complete a transaction, the Buyer agrees to immediately remit a success fee to the Company equal to 10% of the final bid placed on this listing. In the event of Buyer’s default, the right is reserved to sell or otherwise dispose of the subject property and to charge all losses and expenses incidental thereto to the defaulting Buyer. The bid/offer deposit, if applied to the transaction, shall be immediately forfeited by Buyer and applied against any such losses, expenses and liquidated damages.

3.2.3. When INVENTORY is sold on a unit price basis, Direct Liquidation, LLP. reserves the right to vary the quantity delivered by a percentage explicitly disclosed in the listing. The Buyer agrees to accept any quantity within these limits. Outside these limits, the purchase price paid shall be adjusted upwards and downwards in accordance with the quantity actually delivered and accepted by the Buyer. Buyers seeking price adjustments should follow the Dispute Resolutions process described in Section 6 below.

3.2.4. The Buyer understands that according to Sales Tax Law, we are required to tax any individual or business under any or all of the following circumstances:

  • (a). An individual or business that purchases products on the Site and the products are shipped to a residence and/or business located in Arkansas, Florida, Kentucky or South Carolina.
  • (b). An individual or business that purchases products that are located in Arkansas, Florida, Kentucky or South Carolina and the Buyer chooses to arrange their own shipping.

The Buyer understands that in order to justify and consider waiving the sales tax on any closed transactions and/or future transactions, the company must receive appropriate documentation. Buyer may send us a copy of their Reseller certificate from Arkansas, Florida, Kentucky or South Carolina, or they may complete a Declarative form / affidavit stating that the merchandise is to be taken out of one of the aforementioned states. To download forms, please click below.

The completed documents should be faxed to (305) 744-5189. PLEASE BE SURE TO INCLUDE YOUR DIRECTLIQUIDATION.COM USERNAME/EMAIL ON EITHER THE FORM OR THE FAX COVER SHEET, OR BOTH.

3.3. Chargebacks

Any Buyer that attempts to rescind a credit card transaction without the Company’s express written consent (i.e., chargeback), may have their account immediately suspended and/or permanently deactivated. If a Buyer performs a chargeback after receiving the property, Company may file charges with the appropriate law enforcement agency, and reserves the right to pursue all remedies available to us to recover our damages. If a Buyer feels that their merchandise was misrepresented or that the Buyer is owed a refund, they should follow the dispute process outlined in Section 6.

4. PAYMENT COLLECTION

Upon the close of a sale, the Company’s payment collection team will use commercially reasonable efforts to contact buyers in order to ensure timely payment. Payment is collected for all costs associated with the transaction including shipping expenses. Preferred methods of payment include credit cards, wire transfers. Credit cards shall be accepted up to the limit of US $10,000 per transaction. All payments should be made via approved payment methods. Payments for awarded lots are expected within 2 business days or the transaction may be subject to cancellation.

4.1. Fraud

The Company reports instances of credit card fraud to proper law enforcement authorities and prosecutes offenders to the full extent of the law. Credit card fraud includes, but is not limited to, any instance where a Buyer has charged back their credit card payment and maintains possession of the merchandise, without the consent of the Direct Liquidation, LLP.

5. NON-CIRCUMVENTION

Users agree not to negotiate, communicate, or transmit any information of any kind with any other Registered User (whether or not the User has placed a offer) in an attempt to complete the sale of INVENTORY and specified quantities listed, through a means outside of the Company’s online liquidation marketplace (a “Circumventing Transaction”). In the event a Seller completes a Circumventing Transaction within 12 months following the expiration of a Seller’s listing, Seller understands and agrees that Seller is obligated to immediately remit a success fee to the Company equal to 15% of the final aggregate gross sale price for the INVENTORY or merchandise sold in the Circumventing Transaction. This non-circumvention clause shall apply to Users and their principles, agents and representatives, including but not limited to employees, consultants, bankers, attorneys, accountants, assignees, heirs and transferees.

6. DISPUTE RESOLUTIONS

Buyers who feel that their transaction was misrepresented (in terms of quality, quantity, or both) must submit a dispute in the form of an email to sales@directliquidation.com. Buyers are required to submit support to validate their claims (including manifests or photos) and failure to do so may result in a denied claim. Buyers must have a dispute on file in order for the Customer Support department to conduct any actions on their behalf. To help eliminate the need for disputes, buyers should accurately check the manifest, condition, shipping terms, and images of product they wish to purchase. Buyers who arrange their own shipping agree to waive their right to dispute the merchandise, and assume responsibility at the point of pick-up. Merchandise should be inspected prior to exiting the facility.

In the event of a dispute in connection with a pending transaction, all Users agree to cooperate with the Company’s Customer Support department to resolve the dispute before taking any other action. If the Company cannot resolve the dispute within 10 business days of the dispute receipt, then the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through the American Arbitration Association (AAA). The AAA and the parties must comply with the following rules:

a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration;

b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

6.1. Refund / Return Policy

Refunds or returns of merchandise must be approved by the Company’s Customer Support team, and must be preceded by an honored dispute. Any attempt to rescind a payment or return property prior to an authorization by the Company will result in a delay of claim resolution, and may adversely impact the Buyer’s ability to transact on our website. Unauthorized returns will be refused at delivery. When a return is authorized, the Company does a full inspection of all merchandise upon return and units must be the same as when shipped out to the customer – including serial number, included accessories, etc. to be eligible for a full refund. Title to property remains with the Buyer until the returned property is accepted by the Company or by the Seller.

7. MISCELLANEOUS

7.1. Interruption of Service

User understands that the Company shall take all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online liquidation sales. User understands that the Site may be unavailable unexpectedly as a result of circumstances beyond its control or routine maintenance. User agrees not to attempt any action that may disrupt the Company’s Site and Services, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company’s programs or infrastructure.

7.2. Changes to Site and Services

The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Site and Services, including, but not limited to, content, features, news and information, and product categories without notice.

7.3. Record Keeping

The Company cannot guarantee the preservation or maintenance of records relating to historical transactions and bidding activity and encourages User to keep individual records and an accounting of all activity conducted through the Company’s Site.

7.4. Taxes

User acknowledges and agrees that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of the Company’s Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using the Company’s Site and Services.

7.5. No Agency

The relationship between Users and the Company is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement.

7.6. Site is Only a Venue

The Site and associated sites are merely a venue for Registered Users to exchange information and facilitate transactions. It is expressly understood and agreed that the Company is not a broker or agent and has no duty to the User with regard to transactions through the Services other than those duties expressly outlined in the terms and conditions of this User Agreement.

7.7. Export of Property

You acknowledge and agree that certain goods, software, and technology may be subject to the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations (EAR), the International Traffic in Arms Regulations, and regulations of the U.S. Department of Treasury, Office of Foreign Assets Controls. You agree you will comply with all applicable export laws and regulations. You may not, without prior U.S. Government authorization, export, re-export, or transfer any goods, software, or technology, either directly or indirectly, to any country subject to a U.S. trade embargo or sanction or to any resident or national of these countries, or to any person, organization, or entity on any of the restricted parties lists maintained by the U.S. Departments of State, Treasury, or Commerce. In addition, any goods, software or technology may not be exported, re-exported, or transferred to any end-user engaged in activities, or for any end-use, directly or indirectly related to the design, development, production, use, or stockpiling of weapons of mass destruction, e.g. nuclear, chemical, or biological weapons, and the missile technology to deliver them. We do not sell property to persons from the countries that are prohibited from receiving transfers of military equipment or technology. Please check with the appropriate government agency for a current list of prohibited countries. Buyers are advised that purchasing from us and then reselling or attempting to export to these countries is prohibited. The list of prohibited countries is subject to change at the discretion of the U.S. Government. If you purchase property that will be exported outside of the United States, you must obtain proper export licenses prior to our transfer of title and release of goods. We may assist Buyers in obtaining export licenses, and you agree to pay the costs associated with obtaining any licenses required. Our assistance will be limited to providing information for the purpose of completing required export license applications, Shipper’s Export Declarations, or other forms. We cannot advise you as to which forms, which licenses, or what agencies may have jurisdiction over the property you purchase. You are encouraged to seek expert legal advice regarding export licensing. We are not an expert in the area of export licensing and do not hold ourselves out as such.

7.8. General Release and Hold Harmless for Loading of Buyer’s Property

Buyer understands that, due to liability concerns, Direct Liquidation, LLP. will only assist in loading product onto conveyances that are of dock height. The loading of product into all other types of vehicles will be the sole responsibility of the Buyer. In exchange for whatever assistance Direct Liquidation, LLP. provides in staging, positioning, loading, or securing Buyer’s property, Buyer and Buyer’s subsidiaries, affiliates, directors, officers, employees, vendors, suppliers and agents releases, holds harmless and agrees to defend, Direct Liquidation, LLP. and its subsidiaries, its and their officers, directors, employees, vendors, suppliers and agents from any and all liability for any damages to property or to persons that may arise in connection with the movement of the property from Direct Liquidation LLP’s dock.

USER AGREES NOT TO HOLD COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF USER’S DEALINGS WITH ANY OTHER USERS.

7.9. Notice and Communication

Unless stated otherwise, all notice and communication with User shall be provided by e-mail to the e-mail address provided by the User in their registration application or via posting on the Site. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by the Company or at the time the information was posted on the Site. If the Company receives a message that the User’s e-mail is disconnected, is no longer valid, or that the e-mail communication could not be delivered (for whatever reason), notice shall be deemed to have been provided at the time the information was posted on the Site. Any mailed letters sent by the Company to the User shall be considered courtesy copies only, and shall not have any bearing on the determination regarding the date notice was provided as stated above. The Company will contact buyers by phone in instances of pending payment or pickup in an effort to avoid cancellation and penalties.

7.10. Indemnification

In the event User has a dispute with another User, User releases Company, directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Company. Users agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable attorney fees and costs), as a consequence of any acts by User undertaken in connection with the Company’s Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User’s obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users.

7.11. Third Party Links

The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Company is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The User Agreements that may govern such sites or resources, or the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on the Site does not imply that the Company endorses the linked site. User uses the links at User’s own risk.

7.12. Jurisdiction

This User Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflicts of law provisions thereof, and, to the maximum extent permissible, without reference to that body of law known as the Uniform Computer Information Transaction Act. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

7.13. Severability

If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.

7.14. Termination

The terms and conditions of this User Agreement constitute a binding agreement between the Company and each User until terminated by the User or the Company. User may discontinue use of the Site and Services at any time with or without notice to Company. The Company may consider any account on which no activity (the User has not logged into the account) has occurred for 365 consecutive days to be abandoned, and may terminate the account without further notice to the User. Upon termination, User is obligated to immediately cease using the Site and Services. The Company expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of the Company, for any reason and without notice.

7.15. Disclaimer of Warranties

THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE LISTED INVENTORY, SITE OR SERVICES WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS. COMPANY MAKES NO WARRANTY REGARDING ANY LISTED INVENTORY OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM THE COMPANY SHALL CREATE ANY WARRANTY BY THE COMPANY NOT EXPRESSLY MADE HEREIN. COMPANY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED INVENTORY SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.

7.16. Limitation of Liability

IN NO EVENT SHALL COMPANY, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY A LISTED INVENTORY OR (b) DEFECTS IN SUCH LISTED INVENTORY ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY. IN ADDITION, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) EXCEED THE AMOUNT OF FEES PAID BY THE USER TO THE COMPANY IN CONNECTION WITH THE DISPUTED INVENTORY.

The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this User Agreement is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain Users.

7.17. Waiver

The failure of Company to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative, and will be effective only for the instance specified in the writing.

7.18. Oral Representations

Any oral statement or representation by any representative of the Company, changing or supplementing the written description of the offering or the published terms and conditions of this User Agreement, is unauthorized and confers no right on the User and may not be relied on by the User. No interpretation of any provision of the terms and conditions of this User Agreement, including applicable performance requirements, is binding on the Company unless agreed to, in writing by the Company.

7.19. Intellectual Property

Company intellectual property (“Company IP”) is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site or Services. Company IP may be created by one of more of Company’s employee(s) alone or jointly with a User or Users arising from the use and development of the Services or as a result of User’s feedback regarding the Site or Services (“Feedback”). All right, title and interest in any Company IP shall belong to Company and shall be subject to the conditions of this User Agreement. User hereby irrevocably assigns to Company all right, title and interest User may acquire in any Company IP. Company may, at its option, file an application for intellectual property protection for Company IP. If any such Company IP is created with User’s participation, User agrees to cooperate with Company to assure that such application(s) will cover, to the best of User’s knowledge, all related INVENTORY, including all features of commercial interest and importance. Company IP is the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company.

7.20. Trademarks

The Site and the Company’s trade name(s), domain names and logos found on the Site are trademarks or service marks of DirectLiquidation.com and Direct Liquidation, LLP. No display or use of such marks may be made without the express written permission of the company.

All trademarks, trade names, logos, and service marks featured on this website are the property of the owners of said intellectual property. DirectLiquidation.com and the company disclaims any associations or endorsements that may be implied through the use of the trademarks, trade names, logos or service marks of others.

7.21. Assignment

This User Agreement may not be assigned by User or by operation of law to any other person, persons, firms or corporations without the express written approval of the Company.

7.22. Entire Agreement

This User Agreement constitutes the entire agreement between the User and the Company, and it supersedes any previous agreements, whether oral or in writing, between Users and the Company. The Company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will become effective at the time such change is posted to the Company’s website. No notice will be provided to Users regarding any change to the User Agreement. Users are encouraged to review the terms and conditions of this User Agreement frequently to ensure that they are aware of any changes. The Company will not be liable to the User for any failure to notify the User of a modification to the User Agreement.

8. ADDITIONAL TERMS AND CONDITIONS FOR DIRECTLIQUIDATION.COM USERS

The following terms and conditions apply in addition to the preceding terms and conditions of this User Agreement.

8.1. Site Regulations (For All Users)

The technology, software, and data underlying the Site are the property of the Company or the Company’s affiliates or partners. As a User, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our Site. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:

(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;

(b) Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;

(c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;

(d) Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

(e) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

(f) Download any file that you know or reasonably should know, cannot be legally obtained in such manner;

(g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

(h) Restrict or inhibit any other user from using and enjoying any public area within our sites;

(i) COLLECT, STORE OR TRY TO GAIN ACCESS TO PERSONAL INFORMATION ABOUT OTHER END USERS, CUSTOMERS, SUPPLIERS OR ENTITIES THAT HAVE USED THE SITE;

(j) USE DATA ABOUT END USERS, CUSTOMERS, SUPPLIERS FROM THIS SITE FOR PERSONAL GAIN;

(k) Interfere with or disrupt our sites, servers or networks;

(l) Impersonate any person or entity, including, but not limited to, a Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(m) Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;

(n) Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

(o) Engage in any illegal activities

You agree to use the bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities provided on the Company’s site, if any (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public embarrassment or scorn, the Company reserves the right, without prior notice to you, to automatically change your username, delete your posts from the Company’s sites, deny you access to the Company’s sites, or any combination of these options.

Unauthorized access to the Company’s sites is a breach of this User Agreement and a violation of the law. You agree not to access the Company’s sites by any means other than through the interface that is provided by the Company for use in accessing its sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Company’s sites except those automated means that have been approved in advance and in writing by the Company.

Use of the Company’s sites is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company’s sites.

8.2. Reseller Provisions

In addition to applicable terms and conditions stated elsewhere in this User Agreement, the following provisions apply to all Buyers, who resell or intend to resell, whether now or in the future, the INVENTORY purchased from the Company hereunder:

8.2.1. No Exclusivity

The Buyer understands and agrees that the sale of INVENTORY by or through the Company is not an exclusive basis. Company may sell the same type of INVENTORY to other bidders. Buyer further understands and agrees that the Company is not guaranteeing a minimum quantity, quality, and percentage of product mix or a continuous flow of such INVENTORY.

8.2.2. DISCLAIMERS

EXCEPT AS OTHERWISE STATED HEREIN, COMPANY MAKES NO WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE INVENTORY SOLD HEREUNDER, OR ITS MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE IS GIVEN BY COMPANY, AND NONE SHALL ARISE BY OR IN CONNECTION WITH THIS USER AGREEMENT AND/OR COMPANY’S CONDUCT IN RELATION HERETO, AND IN NO EVENT SHALL COMPANY BE LIABLE ON ANY SUCH WARRANTY WITH RESPECT TO ANY INVENTORY SOLD HEREUNDER. Buyer accepts all INVENTORY sold to it in accordance with this User Agreement on an “AS IS” basis. Unless otherwise agreed in writing by Company, title and risk of loss will pass to Buyer upon pickup at the origination point by carrier (F.O.B. Origin). Upon pickup of the INVENTORY, Buyer shall release Company of any fault, and shall forfeit any rights to claims associated with the INVENTORY or the shipment of INVENTORY purchased hereunder against the Company.

8.2.3. Insurance

Buyer shall keep in full force and effect at all times during the applicability of this User Agreement with a company acceptable to Company the following minimum coverage’s:

(a) Workers Compensation & Employer Liability coverage as required by law; and

(b) Commercial general liability insurance coverage, including insurance against assumed or contractual liability, with a combined single limit of Two Million U.S. Dollars ($2,000,000) per occurrence and a limit of One Million U.S. Dollars ($1,000,000) per occurrence for Excess Insurance, insuring Buyer’s activities pursuant to this User Agreement. Such insurance shall be primary, non-contributory and not excess coverage, except as stated, and shall name Company, its affiliates and subsidiaries as an additional insured. Such insurance shall not be cancelable without at least thirty (30) days prior written notice to Company. Buyer will provide a certificate of insurance evidencing such coverage at least seven (7) days prior to the commencement of its activities conducted pursuant to this User Agreement.

8.2.4. Inspection of Buyer Facilities and Audit

Buyer shall permit Company and/or its designated agent to conduct scheduled and/or unscheduled and unannounced inspections of Buyers resale and defacing facilities during normal business hours for the purpose of insuring compliance with this User Agreement.. Buyer agrees that Company or a third party named by Company shall have the right to audit and inspect any and all records of Buyer related to the disposition of the INVENTORY purchased hereunder at any time during, and for a period of ninety days after, the applicability of this User Agreement against the Buyers. It is further agreed that Company or a third party named by Company shall have the right to have an independent company audit or inspect Buyer’s records and books at anytime, with a ten (10) day notice in regard to disposition of the INVENTORY purchased hereunder so long as this expense is paid for by Company.

8.2.5. Covenant Not to Compete

Buyer agrees, during the applicability of this User Agreement, and for a period of not less than one hundred and eighty (180) days from the expiration or termination of this User Agreement, not to purchase or solicit to purchase any liquidation or salvage merchandise or INVENTORY directly from any of the Company’s vendors/suppliers.

8.2.6. Conflicting Terms

If any term or condition stated in this agreement conflicts with any other applicable provision of this User Agreement, the terms stated in this shall control and take precedence over such conflicting provisions. I UNDERSTAND THAT BY PARTICIPATING IN DIRECTLIQUIDATION.COM THAT I AM BOUND AND I AGREE TO BE BOUND BY THIS USER AGREEMENT.

9.0 TERMS

9.1 Compliance with Laws: Buyer shall comply with all federal, state, and local laws applicable to providing the Services and its obligations hereunder, including but not limited to, all application immigration laws, child labor laws, and any other applicable labor or employment law. Contractor shall obtain all necessary permits and licenses required by law to handle and sell the INVENTORY and will keep same in effect throughout the pendency of this Agreement. In the event that the Buyer is unable to sell the INVENTORY, Buyer shall dispose of the INVENTORY in compliance with all applicable federal, state and local laws and regulations, including but not limited to applicable environmental laws and regulations. Personal user data must be removed, and all INVENTORY that contains any form or memory or the ability to save personal user date must be data wiped and data sanitized. Data wiping must be performed in accordance to the Department of Defense 5220.22 M Data Sanitization Standards for all computers, and data sanitizations methods to NIST Special Publication 800-88 guidelines for all Apple devices, Televisions and/or devices holding personal information. The failure to comply with this section shall be considered material breach. Furthermore, the Buyer will be fully responsible for financial compensation to damaged party(s) legal and equitable relief.
9.2 DL will hereby sell, assign, transfer, and set over to the Buyer the INVENTORY as fully described in each lot once payment is made and product is picked up.
9.3 DL has been granted the right to transfer title to said INVENTORY to Buyer by the Seller. All payments will be made from the Buyer to DL by Federal wire transfer, or Credit Card providing the Buyer and credit card being used meet DL’s policies and guidelines
9.4 Buyer shall be solely responsible for and shall pay the costs of any and all SHIPPING ARRANGEMENTS NECESSSARY FOR THE TRANSPORTATION OF THE INVENTORY. This includes any and all trucking, shipping, special handling (residential delivery, lift gate, call for appointment), duties, clearing costs, brokerage fees and customs for INVENTORYs purchased for export. Buyer is responsible for all resale taxes.

9.4.1 RISK OF LOSS: Title and risk of loss to any merchandise pass to the consumer upon DL’s tender of shipment to the carrier at DL’s warehouse. Consignee must file claims for damage in transit with carrier

9.5 Buyer agrees to indemnify and hold harmless DL (including their successors, assigns, affiliates, parents, subsidiaries and divisions, and each of their respective present and future officers, directors, employees, agents and/or independent contractors) against and from any and all claims, demands, damages, actions, suits or proceedings (civil, criminal, administrative or investigative), settlements, costs, losses and expenses (including, without limitation, reasonable attorneys’ and paralegal fees and costs), penalties, fines, judgments and liabilities or other relief sought of any kind and nature whatsoever arising from :

  • Any sale or resale of the INVENTORY
  • Any misrepresentation or breach of this Agreement
  • Any actual or alleged act of commission of omission by Buyer and/or Buyer’s successors, assigns, affiliates, parents, subsidiaries and/or divisions, and/or any of their respective affiliates, successors, assigns, officers, employees, agents, and independent contractors.

9.6 Buyer agrees and acknowledges that all merchandise sold in accordance with this agreement is sold “AS IS – WHERE IS” with all faults. DL makes no warranty of any kind. DL disclaims any and all express or implied warranties, relied upon by the Buyer, in connection with the quality of the merchandise, unless specifically described in the listing. The sale of INVENTORY is governed by uniform commercial code, which requires discrepancies to be reported in a reasonable time after delivery (typically 5 days or less).
9.7 It is the sole responsibility of the Buyer to adhere to all state and federal requirements for transport and storage of the INVENTORY and further marketing, sale, distribution and disposal of the INVENTORY. Buyer shall not sell, lease or otherwise transfer, market, distribute or dispose of any of the INVENTORY, unless Buyer first de-manufactures such INVENTORY, including any INVENTORY to be sold outside of the United States. For purposes of this agreement, de-manufacture means, in accordance to suppliers specifications, that any and all references, including but not limited to retailers’ names, logos, UPC numbers, RA numbers (Return Authorization), and other identifying marks to the Retailer

  • Including; without limitation, tags, interior or exterior labels, size strips, bar codes and pocket flashers are removed or obliterated or clearly and conspicuously marked such that it is readily apparent and obvious that the INVENTORY have been through a salvage process.
  • That any permanently embedded, scribed or painted on any item are de-faced, de-tagged or de-labeled in a manner which renders them unreadable.
  • A vertical mark through the barcode of the INVENTORY must be made on with an instrument to render the barcode unreadable. (Permanent marker, sticker or similar medium)
    The failure of the Buyer to de-manufacture any of the INVENTORY shall be considered a material breach and default by DL and grounds for immediate and permanent suspension of buyer account.

9.8 DL requires that all waste electronics derived from operations involving products provided as part of this program be managed in an environmentally responsible manner. Buyers shall provide information regarding electronic waste service providers that will be utilized and methods for ensuring that any electronic waste is transported and handled properly. Electronic Waste service providers to be utilized by Buyers must maintain either BAN e-Steward Certification or R2 Certification, with preference given to those bidders utilizing electronic waste service providers maintaining both certifications. DL reserves the right to direct that any electronic waste generated by the Buyer through any transaction with DL, be sent to an e-waste service provider that meets the sustainability goals of the company and have obtained BAN e-Steward and/or R2 Certifications. Preference will also be provided to buyers that have obtained industry-leading certifications for their own operations. Buyer shall be responsible to ensure that any secondary purchaser comply with the same restrictions.
9.9 Buyer acknowledges and agrees that any purchase of the INVENTORY is on a non-exclusive basis and subject to availability. Buyer acknowledges that DL is not required to sell merchandise to Buyer.

  • FORCE MAJEURE: DL shall not be liable for any delay in or the impairment of performance resulting in whole or in part Acts of God, labor disruptions, shortages, inability to produce product, supplies of raw materials, weather conditions, war of any other circumstances beyond the control of DL in the conduct of its business.

9.10 In the event that Buyer fails to perform within these terms and conditions, DL shall be entitled to seek both legal and equitable relief. Buyer will pay attorney’s fees, costs and expenses that are incurred through such process. Buyer will be immediately barred from further transactions.
9.11 In the event that Buyer, or any person to whom Buyer has dealt the INVENTORY, is found to be:

  • Selling INVENTORY that has not had the retailer identification or brand marks removed or obliterated in accordance with Paragraph 8 above or
  • Informing its customers that any of the merchandise sold by Buyer, or such other person, can be returned to a retail store of the retailer, Buyer will be deemed to be in breach of this Agreement and, in addition to any other remedy, shall pay retailer a designated penalty as liquidated charges.

9.12 Neither Buyer nor its agents shall offer among other things, monetary compensation, gratuities, gifts, premiums, awards, entertainment tickets, coupons, trips, bonuses, or prizes to any DL teammate regardless of monetary value, or solicit any DL teammate to falsify any record, receipt, invoice or the like. Such actions shall be construed as a breach of this Agreement.
9.13 Buyer or its agents shall notify DL if they are solicited by any DL teammate and/or employee of the Seller who is seeking favors of any in nature in exchange for products or services. Failure to notify DL of such DL teammate and/or employee of the Seller impropriety shall be construed as a breach of this Agreement.
9.14 Buyer agrees that they shall not contact in any way or by any method DLs’ clients, affiliates, suppliers, contractors or business associates of which Buyer has been introduced to by DL, without the express written consent of DL.
9.15 Each party shall submit itself to the jurisdiction of the American Arbitration Association and bear its own cost of arbitration in the event any controversy or claim arising out of arbitration relating to this Contract, including without limitation, the interpretation or breach thereof, shall occur. Arbitration shall take place in the city in which DL head offices are located (Miami, Florida), in accordance with the procedures and rules of the American Arbitration Association. The judgment rendered shall be binding and final upon the parties thereto and may be entered in the Court of Common Pleas of Miami-Dade County, FL.
9.16 To qualify as a DL Customer, you will be required to provide information about your business, such as a valid business license and a tax certificate/ID number. Additionally, you will be required to Agree to a Terms of Service and Use agreement.

10.0 SHIPPING POLICY

10.1 Who is responsible for freight cost?
 The Buyer is responsible for and shall pay the cost of any and all shipping. This includes trucking, special handling (residential delivery, liftgate, and call for appointment), duties, brokerage fees, customs and clearing cost.
10.2 How do I get a shipping estimate and arrange shipping on the site?
 To obtain shipping quotes please email us at sales@directliquidation.com

PLEASE NOTE : You must reference your order number in each of your communications to us.

10.3 What are accessorial services?
Any shipping service that is not considered “standard procedure” may require additional fees and is referred to as an accessorial service or fee. The following are examples of available accessorial services. You can choose any and all of these options during the checkout process.

  • Delivery Appointment: Indicates whether or not delivery appointment is required at the receiving location.
  • Commercial: Indicates whether or not the receiving location is a commercial site.
  • Liftgate service: When the shipping or receiving address does not have a loading dock, manual loading or unloading is necessary. A liftgate is a platform at the back of certain trucks that can raise and lower a shipment from the ground to the truck. Additional fees apply for this service.
  • Residential Delivery: If you do not have a commercial location that actually opens and closes at set times each day within a commercially zoned area, you will be considered a residence and extra fees will apply for pickup and delivery.
  • When should I use a common carrier?
 When you cannot pick up or would like us to ship for you. Truck transportation is sometimes more economical than pick-up. Common carriers transport your pallets on a truck with additional shipments so that the costs for transportation can be shared.

10.4 Are transit times guaranteed?
 Transit times are not guaranteed. Our goal is to ship within 72 hours after receiving the wire transfer. Transit times do not include the day of pick-up.
10.5 What happens if my shipment isn’t ready when the driver comes?
 Most commonly, the driver will not wait. The driver will be dispatched for the following day.
10.6 What value-added shipping services do you offer?

  • Manage the entire transportation process of picking up and delivering goods
  • Tracking and tracing goods in transit
  • Customer service support

10.7 What happens if merchandise is damaged in transit?
Title and risk of loss to any merchandise pass to the buyer upon our tender of shipment to the carrier at our warehouse. The consignee must file claims with the carrier for damage in transit.
10.8 What is the claims process?
Claims are handled directly between the shipper, consignee and the carrier. We are not involved in the actual claims process and have no influence on the carrier’s claim decision. Claims with the carrier must be filed within 90 days of delivery. The claimant should only file for loss or damage on the product which was shipped. ALWAYS be as concise as possible in noting specific damage on the delivery receipt. Mark any damaged or missing freight on the delivery Bill of Lading (BOL) immediately!
10.9 Do I call the carrier after scheduling a shipment through DirectLiquidation.com?
Do not call the freight carrier or terminal since this will duplicate the pick-up. When you schedule shipping through us, we contact the carrier electronically.
10.10What are truckload shipment requirements?

  • All truckload shipments will be transported on 48-foot and 53-foot trailers that do not have lift gates. We do not offer Liftgate Service on full truck load shipments.
  • Truckload shipments cannot be delivered to a residence or any residential area due to truck size constraints.
  • It is required that the destination location has a loading dock or equipment to remove the pallets from the trailer (forklift, pallet jack, etc.).
  • The destination location is responsible for the unloading of the pallets from the vehicle. The driver will not assist in unloading.
  • Truckload carriers provide a maximum of two hours to unload the trailers. If two hours is exceeded, you will be charged additional detention charges.
  • The process of scheduling the vehicle to pick up will begin once we receive and process payment for the purchased goods and freight.
  • Once your payment is received, we will assign the first available vehicle to pick up your product.
  • Once a truck has been assigned, you will be contacted by the carrier to schedule a delivery appointment at the delivering location.
  • Vehicle availability can determine how quickly the purchased goods are picked up. This could take 24 to 48 hours.
  • If you have shipping questions, please email us at sales@directliquidation.com

10.11 Can I pick up my order at the warehouse? 
Yes, after your payment has been processed, but you must make an appointment with the warehouse to schedule the pick-up since they will need time to stage the order. To make an appointment please contact us at sales@directliquidation.com

11.0 COPYRIGHT POLICY AND DMCA NOTICE

11.1 The Full Millennium Copyright Act of 1998 (“DMCA”).Digital Millennium Copyright Act of 1998 may be found at : http://www.copyright.gov/legislation/dmca.pdf
11.2 Reporting alleged copyright infringements
11.3 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our Designated DMCA Agent listed below. For your complaint to be valid under the DMCA, you must provide the following information in writing to the Designated DMCA Agent listed below:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.”
  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the material that is claimed to be infringing and where it is located on the Service.
  • Information reasonably sufficient to permit Direct Liquidation, LLP. to contact you, such as your address, telephone number, and, e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

11.4 Once a proper, bona fide infringement notification is received by the Designated DMCA Agent listed below, it is our policy:

  • To remove or disable access to the infringing material
  • To notify the content provider, member or user that we have removed or disabled access to the material
  • That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.

11.5 How to File a Counter-Notice
11.5.1 If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated DMCA Agent listed below:

  • A physical or electronic signature of the content provider, member or user
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Service before such removal or disabling.
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  • Content provider’s, member’s, or user’s name, address, telephone number, and, if available, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

11.5.2 DirectLiquidation.com Copyright Agent Address

The above information must be submitted to the following Designated DMCA Agent:
Direct Liquidation LLP
Attn: Copyright Agent
1835 E. Hallandale Beach Blvd Suite 618, Hallandale Beach, FL 33009 USA
Telephone: 1-800-679-9451
info@directliquidation.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Direct Liquidation, LLP. and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

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