Terms of Service

TERMS OF USE

The following Bidder Terms and Conditions (“Terms of Use”) of Renew Logic, LLC, Wholesalelots.com, and each of their affiliates (as determined by Renew Logic, LLC and/or Wholesalelots.com) (collectively and individually as “Wholesalelots”), govern your use (the “Buyer”) of Wholesalelots.com web site (the “Site”) in any and all manners, including, but not limited to, bidding on and purchasing items listed on the Site (the “Equipment”). By your use of the Site, you unequivocally accept, without modification or any action by Wholesalelots, these Terms of Use.  By accessing or using the Site and/or related Services you are agreeing to these Terms of Use and to be legally bound by these Terms of Use and you agree that such agreement shall be binding upon you and your heirs and representatives.  If you do not agree with the Terms of Use or Wholesalelots.com Terms and Conditions as further defined below you may not use the Site or Services or create an account on the Site.

The Terms of Use, together with the Site Terms and Conditions (link Wholesalelots.com Terms), and any other documents or agreements referenced therein, contain the entire agreement between you and Wholesalelots with respect to the use of the Site and the bidding on and purchase of Equipment, and supersede any and all prior communications, representations, and understandings, either oral or written, between you and Wholesalelots. In the event of any conflict between the Site Terms and Conditions and the Terms of Use, the Terms of Use shall control.

Wholesalelots may, in its sole discretion, change, modify, add or remove any portion of these Terms of Use, in whole or in part, from time to time with or without notice to you, by posting such changes on the Site, which you agree is sufficient notice to you. Once posted, such changes shall immediately come into full force and effect.

1. QUALIFICATIONS

1-1 ACCEPTANCE OF TERMS

Before you attempt to bid on or purchase any Equipment through the Site, Wholesalelots requires that you read and accept the Terms of Use. BY CHECKING THE BOX, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS OF USE AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SITE AND PURCHASE OF EQUIPMENT. You may not bid on or purchase Equipment on the Site unless you have agreed to accept these Terms of Use.

1-2 APPLICATION FOR REGISTRATION

You must be at least 18 years of age or you must be above the age of majority in your jurisdiction if in your jurisdiction the age of majority is above 18 years old to use the Site and/or Services.  You must register and become a Member (“Member”) before participating in the Auction. The application for registration is available and located on the Site at www.Wholesalelots.com. You must complete the registration process and submit the application. Wholesalelots reserves the right, in its sole discretion, to allow or deny access to any online bidding services of the Site. You represent and warrant that (i) all information you have provided to Wholesalelots is accurate and complete, and (ii) you will update such information so that it is kept current, accurate and complete at all times. You further represent and warrant that you can form legally binding contracts. If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on his/her or its behalf. Notwithstanding the foregoing, minors in any jurisdiction and any individuals terminated or suspended from the Site, which such termination or suspension is at the sole discretion of Wholesalelots, may not use the Site.

1-3 REGISTRATION

Wholesalelots will review your registration information and acceptance of all terms and conditions here in, including the Site Terms and Conditions. Upon approval of your application to be a bidder, Wholesalelots will, using reasonable efforts, within two (2) business days determine whether to accept your right to bid and notify you by email.

Wholesalelots reserves the right to put any Bidder on probation for reasons including but not limited to nonpayment, violation of terms and conditions, misrepresentation, or any attempt to defraud or mislead Wholesalelots, its customers, or other Bidders.

1-4 PRIVACY

Wholesalelots is committed to protecting the confidentiality and privacy of any users of the Site and any personally identifiable information, pursuant to its Privacy Policy. By agreeing to these Terms of Use, you are specifically accepting Wholesalelots’s Privacy Policy.

You are solely responsible for protecting the confidentiality of your Username and Password and are responsible for all use of your Site account.  You may not share your password with unaffiliated third parties.   You agree to notify Wholesalelots immediately of any unauthorized use of your Username and/or Password or any other breach of security of the Site. While Wholesalelots has implemented commercially reasonable measures to secure your personal information from unauthorized or accidental use, access, alteration, or disclosure, Wholesalelots cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

1-5 INTELLECTUAL PROPERTY

All parts of the Site and Services, including the selection, compilation, arrangement, and presentation of all materials and the Site, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Site and Services, and you acknowledge that use of any content of the Site and Services without our express prior written permission is strictly prohibited. You shall not acquire any proprietary rights, including intellectual property rights, in or to the Site and Services. You acknowledge that the Site and Services are valuable commercial products, the development of which has involved the expenditure of substantial time and money.  You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.  You may not frame the Site or pages thereof.  The content on the Site and Services is copyrighted. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our Site from websites that contain content we would find objectionable. 1-6 LICENSE TO USE THE SITE AND SERVICES

The Site and Services are owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Site and Services only as expressly permitted in the Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site and Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the immediate termination of your right to use the Site and Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.  We own the Site and Services, but allow you to use them only in accordance with the Terms of Use. If you don’t follow those rules, we may terminate your right to use the Services.  We have the right to terminate your use of the Site and/or discontinue providing access to the Site in our sole discretion with or without notice to you.

2. AUCTIONS

2-1 RELATIONSHIP OF WHOLESALELOTS AND SITE USERS

The Site is an ecommerce and auctions site for registered users who desire to sell Equipment (“Sellers”) and for registered users who desire to bid on and purchase Equipment (“Bidders”). Any agreements reached by and between Sellers, Bidders, or any third parties (including transportation carriers) are solely among such parties. Wholesalelots is not, and will not be, a party to any such transaction relating to Equipment (except where Wholesalelots is the Seller), and Wholesalelots makes no representations and warranties as to title to or possession of the Equipment listed on the Site, unless specifically noted otherwise.

2-2 AUCTION PERIOD

The Auction period shall be determined solely by Wholesalelots.

3. BIDDER CONDUCT

Manipulation of the price of the Equipment at Auction of any kind, directly or indirectly, by any user is prohibited, including but not limited to bidding through a secondary account, agent or representative on Equipment that you may be selling, shill bidding, or direct negotiation with Sellers of listed equipment without Wholesalelots’ consent.

Wholesalelots reserves the right to put any Bidder on probation for reasons including but not limited to nonpayment, violation of terms and conditions, misrepresentation, or any attempt to defraud or mislead Wholesalelots, its customers, or other Bidders.

As a condition of your use of Auction services and the Site, you warrant you also will not:

  • Use the Auction services or the Site for any purpose that is unlawful or prohibited by these Terms of Use;
  • Use the Auction services or the Site in any manner that could damage, disable, overburden, or impair the Site;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Auction services or the Site.
  • Take any action or actions that impose an unreasonable or disproportionately large load on our infrastructure;
  • Interfere with or disrupt any computer networks involved in the Auction services;
  • Transmit any viruses or other code, files, or programs that may damage, disrupt, or interfere with the Auction services or any other aspect of the Site;
  • Interfere with any other party’s use of the Auction services or the Site;
  • Impersonate any other person or entity, or disguise the origin of any of your information;
  • Use the Auction services to upload, post or distribute any advertisements or solicitations; or
  • Use the Auction services in such a way as to gain unauthorized access to the computer systems of others.

4. BINDING OFFER TO PURCHASE

You acknowledge and agree that placing bids on an Auction on the Site is the equivalent of a firm legal commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law or the Terms of Use, once you place a bid, you may not retract it, and you are obligated to complete the transaction.

5. CANCELLATION

Wholesalelots reserves the right to cancel or postpone any Auction listing or Auction period, in its own discretion with or without notice. Wholesalelots shall have no liability to you as a result of any cancellation or postponement. Buyer will have 2 business days to pay for products “won” in an Auction. If Wholesalelots is not paid timely, Wholesalelots may, in its sole discretion, cancel such obligation and products may be relisted at a subsequent time for auction. After two incidents of non-payment Buyer will be considered in default of bidding contract and will be responsible for damages fees of $300 or 30% of the final transaction price, whichever is greater. Buyer account will also be inactivated and will not be able to bid on other auctions until fine is paid.

6. WINNING BIDS

Bidders who bid the highest price in the Auction period shall be the winning bidder (“Winning Bidder”). The Winning Bidder will receive a confirmation e-mail immediately after the Auction period has ended. If you do not receive an e-mail, and you feel you had won the Auction, you need to contact the Site at the contact information below. Payments MUST BE RECEIVED VIA WIRE OR MONEY ORDER WITHIN TWO BUSINESS DAYS (2) OF THE AUCTION CLOSE. After two incidents of non-payment Buyer will be considered in default of bidding contract and will be responsible for damages fees of $300 or 30% of the final transaction price, whichever is greater. Wholesalelots is the one and only judge for the determination of the Winning Bidder and the final price (“Winning Price”). Wholesalelots shall not be liable for any errors or omissions relating to such determination. Wholesalelots reserves the right to end any auction early or to remove any “buy it now” product from the site at any time. WHOLESALELOTS DOES NOT GUARANTEE THAT BIDS PLACED ON THE SITE WILL BE RECEIVED AND PROCESSED IN A TIMELY MATTER.

In such cases where the Winning Bidder does NOT fulfill the 2 business day payment terms required, the auction will be re-listed.

7. FEES AND TAXES

7-1 PAYMENT TERMS

Full Payment in the amount of the Winning Price, plus all applicable sales taxes and any stated Buyer Premium, must be posted to a secure payment account designated by Wholesalelots within two (2) business days after the close of the Auction. All monies due are to be payable in U.S. Dollars. Winning Bidders must tender payments via certified bank transfer through the bank account specified or money order. (All bank charges incurred for wire transfers are the responsibility of the buyer. If any bank will deduct charges prior to arriving in Wholesalelots’s account, the amount of charges should be added to the initial wire transfer.) All amounts due and payable must be paid prior to the releasing of Equipment for pick-up or transport. The consignor shall reserve the right to have deposit for sold unit to Buyer before the payment due date.

7-2 SALES AND USE TAX

All bids and offers for Equipment must be net of any taxes imposed with respect to the purchase of the Equipment. You are liable for all such taxes or for establishing to Wholesalelots’s satisfaction, a valid exemption certificate from such taxes. You remain liable for any sales or use tax liability.

8. LISTING

The listing of Items for bidding (“Auction List”) prepared for the Auction is prepared only as a guide. You understand that the Auction List cannot provide detailed and accurate information, such as conditions of each item of Equipment. Wholesalelots has no liability for any discrepancies between the Auction List and the actual Equipment.

9. REFUND/RETURN POLICY

In the event there is a discrepancy of quantity of products in the order received by a Buyer, a Buyer may submit a dispute claim to the warehouselots.com dispute department at support@warehouselots.com.  Buyers are required to submit supporting documentation to validate their claim including manifests and photos within three (3) business days of receipt of the inventory.  In the event a Buyer fails to submit such supporting documentation, Buyer agrees that no such claim of return or refund shall be available to Buyer except as may be permitted by Wholesalelots in its sole discretion.  Manifests consist of detailed documentation of all inventory received, and photographs must include photographs prior to unpacking as well as after unpacking.  A buyer must have a dispute on file in order for the dispute department to conduct any actions on their behalf.  Wholesalelots reserves the right to conduct an additional inspection at its own expense. If Wholesalelots, acting reasonably and in good faith, agrees that an under delivery has occurred greater than 5%, based on the listed retail value of the auction, Warehouselots.com will reimburse a buyer in an amount equal to the approved discrepancy. Such reimbursement may be in the form of an offset against any amount you may owe to Wholesalelots or a credit to your account. Following the three (3) business day inspection period, a buyer shall no longer have the right to claim a reimbursement for under-delivery. Otherwise all items sold in the Auction are sold on an “AS IS” basis, without any warranty expressed or implied.  Failure to follow the above process will result in a denied claim.

10. Disclaimers

Buyer agrees that its use of the Site and Services and Buyers acceptance of possession of the products from Wholesalelots is at its sole risk All sales are final. No returns or refunds are allowed.  All Inventory Products purchase at Wholesalelots are sold in “As Is” condition without warranty of any kind and are not eligible for any warranty coverage.

We make no representations or guarantees that the Site and Services are compatible with your equipment or that the Site and Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Site and Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Site and Services.

We make no guarantees, representations, or warranties that the Site and Services or information available through the Site and Services, or that the use of or result of the use of the Site and Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Site and Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Site and Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.  You understand and acknowledge that the information provided through the Site and Services is subject to change.

Some of the content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. You acknowledge that such third party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information you agree to all such additional terms of use. The content of other websites, services, goods, or advertisements that may be linked to or from the Site and Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site and Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Site and Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Site and Services.

Any use of available third party content, services, and information shall be your own risk and be used for internal valuation or management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall the we or any third party provider of such content, services and/or information be liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the third party content, services and information provided. You shall not use any of the Site and Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Site and Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Site and Services.

A Buyer can submit a dispute claim to Wholesalelots dispute department. Buyers are required to submit support to validate their claims (including manifests and photos) and failure to do so may result in a denied claim. Buyers must have a dispute on file in order for the dispute 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.

11. INDEMNITY

You agree to defend, indemnify, and hold harmless, Wholesalelots and Wholesalelots.com, their subsidiaries, its employees and agents, against any and all claims, actions, suits, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or resulting from the use of the Site and Services and the purchase of any Equipment, or of your participation in the Auction or the purchase of Equipment, including but not limited to, a breach of your representations and warranties as set forth in these Terms of Use or any documents referenced herein, or for any unpaid amounts due and owing to Seller or any unpaid sales or use tax liability or any other tax liability whatsoever.

Bidder shall also indemnify and hold harmless, Wholesalelots, its employees and agents, against any and all loss, liability, damages, claims, demands, costs and expenses, (including reasonable attorneys’ fees) of whatsoever nature, arising out of, in connection with, or resulting from the possession, use, or operation of the Equipment purchased in the Auction.

12. DISCLAIMER AND LIMITATION OF LIABILITIES

THE SITE AND ANY OTHER SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE OR OTHER SERVICES (INCLUDING BUT NOT LIMITED TO ANY INSPECTION OR INSPECTION REPORT) ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WHOLESALELOTS DOES NOT WARRANT THAT THE SITE OR OTHER SERVICES, OR ANY OF THE FUNCTIONS, FEATURES, OR CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO ANY INSPECTION REPORT, WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WHOLESALELOTS MAKES NO WARRANTY THAT THE SITE OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR OTHER SERVICES IS TO DISCONTINUE USING THE SITE AND OTHER SERVICES. NO ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOLESALELOTS OR THROUGH THE SITE AND OTHER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY CONTAINED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT OR CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WHOLESALELOTS OR WHOLESALELOTS.COM OR ANY AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES, WHETHER IN TORT OR CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND LOSS OF CONTRACTS, EVEN IF WHOLESALELOTS OR WHOLESALELOTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WHOLESALELOTS AND WHOLESALELOTS.COM AGGREGATE LIABILITY IN CONECTION WITH THE SITE AND SERVICES FOR DAMAGES MAY NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE OR SERVICES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

13. COMPLETION OF TRANSACTIONS

13-1 REMOVAL OF EQUIPMENT

The Winning Bidder is responsible for dismantling, loading and shipping the Equipment for transportation, unless otherwise noted in the listing details for the Equipment. The Winning Bidder shall remove the Equipment from Seller’s premises no later than (7) business days after the close of the Auction, after which the Winning Bidder may be responsible for payment of any storage fees, and in some cases, payment of cost to transport the Equipment to an alternate location. Wholesalelots reserves the right to remove items from Consignor’s site and charge Buyer all applicable moving and storage fees.

13-2 LIABILITY OF EQUIPMENT

The responsibility and risk of loss for Equipment shall be and remain at the risk of Seller (and not Wholesalelots) until the earlier of: (i) the removal of the Equipment from the location of the Equipment by the Winning Bidder or Winning Bidder’s designated transportation provider or (ii) receipt by Seller of all proceeds from the sale of the Equipment. Thereafter, the Equipment shall be and remain at the risk of the Winning Bidder (and not Wholesalelots).

14. FREIGHT, TRANSPORTATION AND SHIPPING

The Winning Bidder is responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include, but are not limited to, dismantling, special handling, loading, transportation costs and permits required to move the Equipment. The Winning Bidder may arrange transportation of Equipment through one of the logistics companies introduced on the Site, however, Wholesalelots shall not be liable for any acts or omissions arising from any transportation arrangements. The Winning Bidder or Bidder’s Agent such as transportation company arranged by the Bidder has to bring the Bill of Landing (BOL) at the time of the pickup in order for Wholesalelots to release the item. The BOL includes pickup details of the item and is issued to the Winning Bidder upon confirming the full payment by Wholesalelots. Buyer has 48 hours from time of Payment to submit an arranged BOL.

15. EXPORT

The Winning Bidder must have all such certificates and permits issued and completed prior to transporting the product. If you plan to export Equipment through U.S. Customs, we recommend that you engage the services of a U.S. forwarding agent to prepare documents that are required by U.S. Customs Control. These documents may include a power of attorney that authorizes a forwarding agent to complete the necessary Shipper Export Declaration (SED) and filing the Automated Export System (AES) record. For a fee, Wholesalelots can provide Equipment invoices or a notarized Bill of Sale to facilitate exports. Wholesalelots cannot provide Manufacturing Statements of Origin (MSO’s) on used Product bought from the Site nor can we be held responsible for lack of manufacturers’ identifying numbers or engine or serial numbers.

16. GOVERNING LAW AND SETTLEMENT OF DISPUTE

Any dispute or controversy arising from or in connection with this agreement, the Auction, or the relationship of you and Wholesalelots shall be governed in all aspects by the laws of the state of Texas without regard to its choice of law principles. Any dispute or controversy between you and Wholesalelots arising from or in connection with this agreement, the Auction, or the relationship of you and Wholesalelots, which cannot be settled by mutual accord without undue delay, shall be finally settled by arbitration in the state of Texas, in accordance with the rules of the United States Commercial Arbitration Association, and any award thereof shall be final and binding on all parties.

17. FORCE MAJEURE

The parties’ obligations hereunder are subject to, and the parties shall not be held responsible for, any delay or failure to make delivery of the Equipment due to acts or circumstances beyond the control of the parties, including, but not limited to, labor difficulties, fires, casualties, accidents, acts of God, transportation difficulties, or governmental actions. In the event of the occurrence of any of the foregoing, the parties shall be excused from performance until such time when the parties can reasonably resume such performance.

The content of the Terms of Use may be changed or altered without prior notice to you. Once posted, such changes shall immediately come into full force and effect. Your continued use of the Site and/or the Auction services after such changes are posted will constitute your agreement to such changed Terms of Use.

18. SITE AND SERVICES AUDITING AND MONITORING

We reserve the right to audit and monitor (manually or through automated means) the use of the Site and Services to ensure compliance with the Terms of Use and to maintain and improve the provision of the Site and Services. We also may, but are not required to, monitor the content on the Site and Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.

You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Site and Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.

We are able at any time to monitor the use of the Services and the content available on the Site and Services. You agree that we may disclose information obtained through the Site and Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Site and Services, based on content submitted or available on the Site and Services.

19. MISCELLANEOUS

You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Site and Services, constitute the entire agreement between you and us and govern your use of the Site and Services. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Terms of Use will remain in force. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Terms of Use or the rights hereunder without our prior written consent. We may assign the Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with the Terms of Use in our sole discretion.