1. Eligibility to Use the Site and the Services
While using the Site and/or the Services, you agree that you will not: – Use the Site or Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
- Use the Services if you have been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site;
- Manipulate the price of any item without the intent to purchase; – Circumvent or manipulate our fee structure, the billing process, any fees owed to ESC, or any technical measures we use to provide the Services;
- Fail to deliver payment for items purchased by you and associated fees or shipping costs;
- Transfer or share your account and bidder number with another party without our consent;
- Create accounts that misrepresent your identity or use the personal information of others;
- Use any automated means to access the Services;
- Access data not intended for you or log into a server or account which you are not authorized to access; – Use the Site in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the Site or that could damage, disable or impair the functionality of the Site;
- Conduct fraudulent activities; or – Bid or make offers on any items that may be sold only to persons at least twenty-one (21) years old if you are under the age of twenty-one (21) years old.
Terms of Sale:
2. Item Descriptions – All items are sold “as is” and you are aware that, unless otherwise stated, the items sold on the Site are not new nor in perfect condition, may require touch-up or repairs prior to use and the available information about these items may be limited. Estate Sale City, Inc. (ESC) makes no representation or warranty regarding any Third-Party Listed Item or the accuracy or completeness of any item description. For Consignment Items, Estate Sale City, Inc. will not list every flaw associated with each item as these are to be expected. In the case of obvious faults (chips, cracks, significant damage, etc.) ESC does its best to list the fault within the description. ESC will provide descriptions based on its assessment of an item. However, you should not assume that our assessment of condition will be the same as your assessment. It is your responsibility to read and review all descriptions and images of an item before making an offer or purchasing, and you acknowledge that in posting such descriptions, ESC relies on information provided by the Seller.
Estate Sale City, Inc. (ESC) AND SELLERS MAKE NO, AND EXPRESSLY DISCLAIM ANY, GUARANTEE, WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, TO YOU WITH RESPECT TO ANY ITEM, INCLUDING WITHOUT LIMITATION, CONDITION, MERCHANTABILITY, QUALITY, RARITY, IMPORTANCE, FITNESS FOR A PARTICULAR PURPOSE, HISTORICAL RELEVANCE OR OTHERWISE.
3. Returns – All items on the Site are sold “as is — where is”. Estate Sale City, Inc. (ESC) will only accept returns in cases of material errors in the item description made by ESC, or (as to Third-Party Listed Items) by Seller, as determined by ESC in its sole discretion. Any claims submitted for review under our return policy must be received within thirty (7) days of the earliest of delivery or your taking possession of the item. Notwithstanding any language to the contrary, ESC in its absolute and sole discretion may accept a return under this policy.
4. Payment Forms Accepted – If you have placed the winning bid or made an offer that has been accepted on an item that is eligible for in person pickup, you can pay for your purchases during the designated removal and payment times listed on the “Sale Details” section or the “Item” pages with cash, check or you may prepay online with a credit card or gift card and present your ID for pickup. All invoices under five thousand dollars ($2,000) that are shipped must be paid with a credit card and/or valid gift card (if applicable). Purchases over two thousand dollars ($2,000) will require payment via cashier’s check, ACH or wire. Winning bidders / buyers with questions of how to make payment should submit a question via our Contact Form located here. If you do not elect a fulfillment method and you do not pick the item up during the scheduled pickup time outlined on the “Sale Details” section or “Item” pages, ESC reserves the right to charge your payment method on file for the total purchase price of the item plus any applicable handling and shipping charges, and may ship the item to your address of record. You hereby expressly grant ESC the right to hold a winning item until confirmation of cleared funds has been received by ESC.
Escrow Arrangements – A Seller utilizing the Service to sell Third-Party Listed Items will have payments held in a non-interest bearing general escrow account maintained by ESC for all such Sellers for a period of not more than 30 days until the Buyer of the Third-Party Listed Items receives that Third-Party Listed Item by means of one of the fulfillment options discussed below. Should the Buyer not receive the Third-Party Listed Item within that 30 day period through no fault of such Buyer or should Buyer return, within that time period, the Third-Party Listed Item due to the failure (as determined by ESC in its sole discretion) of that Third-Party Listed Item to conform in a material manner to the Third-Party Listed Item description, ESC will remit the escrowed funds to the Buyer. Upon Buyer’s receipt of the Third-Party Listed Items sold by a Seller, ESC shall remit the escrowed funds to Seller.
Sales Tax — All sales are subject to appropriate state sales and use tax laws, including, as to Third-Party Listed Items, any state sales tax laws applicable to Seller. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon acceptance and validation of such information by ESC, your future purchases will not be taxed, provided that you are still eligible for tax exemption. You may be required to update certificates on file periodically as deemed necessary by ESC. ESC requires a sales tax exemption certificate for each state in which an exemption is claimed. For more information regarding sales tax exemption, click here.
Failure to Pay — Any items not paid for in accordance with the EBTH Terms and Conditions within seven (7) days of the sale closing (or upon a later applicable payment due date as may be provided herein) will be forfeited by you and, as to Consignment Items, ESC may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of ESC‘s choosing. Third-Party Listed Items not paid for in accordance with the ESC Terms and Conditions will be retained by the Seller that listed the Third-Party Listed Item and may be re-listed for sale on the Site. ESC reserves the right to charge any payment option you have on file and/or to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and you will be responsible for any charges incurred by ESC in collecting your payment.
Gift Cards and Promotions — Subject to the terms and conditions of the applicable gift card or promotional discount, ESC may accept payment via gift card or gift certificate and may discount invoices in accordance with certain promotions from time to time.
Should you place the final winning bid or offer on an item, an invoice will appear in your “My account” list. By selecting the invoice or accepted offer message and clicking “Checkout” you will be able to designate your final fulfillment method.
Pickup Option — Certain sales and items may have a designated pickup time and location. Before bidding, confirm whether you can pick up your item at the designated time and location. You must provide your own tools, labor and transportation to facilitate safe removal of your item(s). Plan accordingly for large or bulky items. Be prepared to show identification to pick up your item(s). Purchases will be released upon presentation of proof of payment. ESC will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).
Delivery – ESC and Sellers utilize third party shipping agencies for packaging, handling and delivery of most items. Please be aware that not all items are eligible for shipping. If shipping is available, you can request a shipping quote when viewing the item. The final shipping cost is subject to insurance cost based on the final bid price and occasional fluctuations in fuel surcharges from common carriers. (Shipping quote insurance calculations prior to the end of the sale are based on the current bid value.) If you intend to have an item delivered, it is your responsibility to understand the potential delivery costs before placing your bid. ESC will use reasonable efforts to ship the Consigned Items within ten (10) business days after the scheduled sale removal and payment date. Seller, as to Third-party Listed Items, must use reasonable efforts to ship the merchandise within five (5) business days after the scheduled sale removal and payment date. When you win an item, any shipping times we provide are estimates only and actual delivery dates may vary. You acknowledge that some items may have a longer processing period such as large items which may take six (6) to eight (8) weeks for delivery.
Alternate Pickup – In certain locations, ESC may provide an alternative pickup location. If an alternative pickup location is available, it will be detailed in the item view. Additional fees may apply to have your item available at a designated alternative pickup location. Conditions regarding failure to pay and failure to pick up apply to alternate pickup locations.
Handling Fee — Items which must be moved from one location to another in order to make alternate pickup arrangements are subject to a minimum handling fee of ten dollars ($10.00) per lot. You agree that ESC may charge a higher handling fee, in its reasonable discretion, for certain items which are difficult to transport.
Title and Risk of Loss — Subject to these ESC Terms and Conditions, title and risk of loss to purchased items will transfer from the Seller to Buyer upon the completed processing and receipt of your payment by ESC made in accordance with these terms. ESC is not responsible for insuring items while in ESC‘s possession. Upon the transfer of risk of loss to you, you agree to maintain adequate insurance coverage on such items located on ESC‘s premises. In the event that you take possession of any purchased item before the completed processing and receipt of your payment by ESC, the risk of loss will transfer to you upon your taking possession.
Failure to Pickup — IN THE EVENT THAT YOU FAIL TO PICKUP OR DESIGNATE SHIPPING FOR YOUR ITEMS IN ACCORDANCE WITH THE EBTH TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ESC TO CHARGE YOUR CREDIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM PLUS ANY TAXES, SHIPPING COSTS AND HANDLINGFEES. WHEN PICK-UP IS SELECTED BY YOU OR IS THE ONLY OPTION, IF YOU FAIL TO PICK-UP ANY ITEMS AT THE SPECIFIED TIME OR DESIGNATE A SHIPPING OR FULFILLMENT OPTION WITHIN SEVEN (7) DAYS OF THE CLOSE OF BIDDING or from the accepted offer, YOU WILL BE CONSIDERED TO HAVE ABANDONED AND FORFEITED THE ITEMS. YOU AGREE THAT TITLE FOR ABANDONED ITEMS WILL AUTOMATICALLY TRANSFER TO ESC WITHOUT ANY FURTHER ACTION BY YOU OR ESC. YOU EXPRESSLY AGREE THATFAILURE TO RECEIVE ANY ITEM IN THE EVENT OF ABANDONMENT DOES NOT RELIEVE YOUR OBLIGATION TO PAY FOR THE ITEM OR ANY OTHER FEES. AT A MINIMUM, YOU WILL BE CHARGED THE AMOUNT OF YOUR BID TO SATISFY PAYMENT OBLIGATIONS TO THE SELLER. ESC MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS, DISPOSE OF OR DONATE THE ITEMS TO A CHARITY OF EBTH‘S CHOOSING. ESC RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES AND WILL NOT REFUND PAYMENT FOR THE ITEMS.
Liquidated Damages — You acknowledge and agree that the remedies afforded to ESC in the “Failure to Pay” and “Failure to Pickup” paragraphs of these ESC Terms and Conditions (the “Liquidated Damages”) constitute compensation and not a penalty. The parties acknowledge and agree that, due to the nature of ESC‘s Services and online auction, offers, and e-commerce sales generally, the harm caused by your breach as contemplated in the aforementioned paragraphs would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from your breach. Your payment of the Liquidated Damages is ESC‘s exclusive remedy for the breaches contemplated in the “Failure to Pay” and “Failure to Pickup” paragraphs of these ESC Terms and Conditions.
6. Seller Content
We do not claim ownership of Seller-generated content and material provided to us in connection with the Services notwithstanding the fact that ESC may review, elect and modify such content and material (collectively “Seller Content”). By submitting any Seller Content. You grant to ESC and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host. archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these ESC Terms and Conditions or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. ESC retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these ESC Terms and Conditions, you retain ownership of any copyright and other rights you may have in the Seller Content.
By submitting Seller Content, you represent and warrant that (i) you own or control any and all rights in and to the Seller Content, and the right to grant all of the rights and licenses in these ESC Terms and Conditions, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from an) individuals that appear in the Seller Content to use, and grant others the right to use, their name. image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the Seller Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, © contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by ESC, you will furnish ESC any documentation, substantiation or releases necessary to verify your compliance with these ESC Terms and Conditions. You are solely responsible for the Seller Content and you hereby agree to indemnify and hold ESC and its employees, agents, affiliates. assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of an of the foregoing representations or our violation of any law or rights of a third party.
ESC does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content you fully and unconditionally release and forever discharge ESC and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected: (i) disputes between you and a Buyer or one or more users or any other person or entity, or (ii) the use by ESC or you of the Seller Content, including, without limitation, any and all claims that use of the Seller Content pursuant to these ESC Terms and Conditions violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that ESC has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any Seller Content. ESC acts as a passive conduit for Seller Content and has no obligation to screen or monitor Seller Content. If ESC becomes aware of any Seller Content that allegedly may not conform to these ESC Terms and Conditions. ESC may investigate the allegation and determine in its sole discretion whether to take action in accordance with these ESC Terms and Conditions. ESC has no liability or responsibility to Users for performance or nonperformance of such activities.
ESC has the absolute right to remove and/or delete without notice any Seller Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against ESC for such removal and/or deletion. ESC is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.
7. Copyright Complaints
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA“).
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 ESC‘s copyright agent as set forth in the DMCA.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, Estate Sale City, Inc.
Address: 1163 E. Ogden Ave
Naperville, IL 60563
Email: [email protected]
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 ESC and its affiliates that our copyrighted material has been infringed. The preceding requirements are intended to comply with ESC‘s rights and obligations under the DMCA, including 17 U.S.C. §512©, 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.
In accordance with the DMCA and other applicable law, ESC has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. ESC may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Consignors: The seller and Consignor (s) grant Estate Sale City, Inc. exclusive rights to advertise and sell their merchandise for the specific term negotiated on the consignor agreement. ESC will have the final right to decide what items are priced for and what items are sold for unless otherwise agreed to in writing.
- At Estate Sale City’s sole discretion estate sale city may resell or donate abandoned items to sellers and charity’s of ESC’s choosing. At the point that it’s deemed that the consignor abandoned their items the title and rights of the merchandise transfers over to ESC.
You agree to defend, indemnify and hold harmless Estate Sale City, Inc. (ESC) and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these ESC Terms and Conditions. including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) Seller Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code and (viii) damage to person or property, including death, relating in any way to the items purchased or sold by you through the Site and/or the Services, including, but not limited to, in the case of Consigned Items, the shipment from, and moving of such items on, the ESC premises, except to the extent such losses are caused by the gross negligence or willful misconduct of ESC.
10. Limitation of LiabilityTHE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBTH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ESC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT: THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE: THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.EBTH DOES NOT WARRANT, ENDORSE. GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ESC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.EBTH IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF CARRIERS IN PACKING OR SHIPPING OF PURCHASED LOTS, WHETHER OR NOT SUCH CARRIER IS RECOMMENDED BY EBTH,
11. Changes to the ESC Terms and Conditions — ESC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the ESC Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes to the ESC Terms and Conditions will be effective when posted. Your continued use of the Site and/or the Services after any changes to the ESC Terms and Conditions are posted will be considered acceptance of those changes.
Assignment — You will not assign any of your rights or delegate any of your obligations under these ESC Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these ESC Terms and Conditions. ESC may assign or transfer these ESC Terms and Conditions and/or its rights and/or obligations hereunder.
Governing Law – You agree that: (i) the Service and these Terms and Conditions shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Illinois Dupage County. These Terms and Conditions shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles.
Notices to You — We may provide any notice to you under these ESC Terms and Conditions by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. Notices to Us — To give us notice under these ESC Terms and Conditions, you must contact us as follows: Estate Sale City, Inc. . Attn: Legal – 1163 E. Ogden Ave Naperville, IL 60563. We may update the contact information for notices to us by posting a notice on the Site or amending these ESC Terms and Conditions. Notices will be effective when received by ESC.
Expiration of Claims — Any claim or cause of action you may have with respect to ESC or the Service must be commenced within one hundred eighty (120) days after the claim or cause of action arose. If your consignment agreement has a required mediation and arbitration clause you agree to follow that process in the event of a dispute.
No Waiver — Any waiver of any provision of the ESC Terms and Conditions by ESC must be made in writing and signed by an authorized representative of ESC specifically referencing the ESC Terms and Conditions and the provision to be waived.
Cumulative Remedies — All rights and remedies provided to ESC are cumulative and not exclusive, and the exercise by ESC of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. Despite the previous sentence, the parties intend that ESC‘s right to Liquidated Damages is its exclusive remedy for your breach of certain obligations as specified in the Liquidated Damages paragraph.
Severability — If any term or provision of these ESC Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these ESC Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these ESC Terms and Conditions to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Force Majeure — We will not be liable or responsible to you, nor be deemed to have defaulted or breached these ESC Terms and Conditions, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Assignment — You will not assign any of your rights or delegate any of your obligations under these ESC Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these ESC terms and Conditions. ESC may assign or transfer these ESC Terms and Conditions and/or its rights and/or obligations hereunder.
Governing Law – You agree that: (i) the Service and these Terms and Conditions shall be deemed solely based in Illinois; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Illinois. These Terms and Conditions shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The parties acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Dupage County, Illionis for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Dupage County, Illinois is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration – Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from ESC. For any dispute with ESC, you agree to first contact us at Estate Sale City, Inc, Attention: Legal, 1163 E. Ogden Ave Naperville, IL 60563 and attempt to resolve the dispute with us informally. In the unlikely event that ESC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, ” Claims“), by binding arbitration by ________________, unless you and ESC agree otherwise. Each party will be responsible for paying any ______ filing, administrative and arbitrator fees pursuant to and in accordance with _______ rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses; provided, that if you are an individual, you may apply for and successfully obtain a fee waiver from _____; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall be deemed as preventing ESC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver – With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Last Updated: December 25th, 2017