You are entering into this Agreement with 86 Deadstock, LLC (“86 Deadstock,” “we,” “us,” and/or “our”). When you (individually, or the entity that you represent) access our Services, including purchasing Items from 86 Deadstock, you are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, you agree to be bound by this Agreement, and any additional terms referenced herein.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to this Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Agreement. If you do not agree with this Agreement or any terms referenced herein, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER:
PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY 86 DEADSTOCK. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND 86 DEADSTOCK. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.
The Terms include, and incorporate by reference, the following policies:
This Agreement applies to all 86 Deadstock services, including the 86 Deadstock mobile app (on any and all formats or devices), the website located at https://www.86Deadstock.com (collectively, the “Service(s)”), and 86 Deadstock’s own sales of items on the website or the mobile app. The Service is a technology platform that provides an online social marketplace for hospitality items in which consumers and businesses can list and sell their items, and buyers can browse and purchase such items.
Users who purchase Items through the Service are “Buyers,” and users who list and sell Items through the Service are “Sellers.” Please note that for certain items 86 Deadstock may act as a seller to “Buyers.” (“1st Party Sales”). A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller, except in the case of 1st Party Sales, in which case the contract is between Buyer and 86 Deadstock.
The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but, 86 Deadstock has no control over and does not guarantee:
In the case of 1st Party Sales, 86 Deadstock also has no control over and does not guarantee the quality, safety, authenticity, or legality of products 86 Deadstock sells on the website or mobile app.
You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your 86 Deadstock experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose.
For more information about the implications of activating these third party services and 86 Deadstock’s use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy at http://www.86Deadstock.com/privacy-policy.
However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and 86 Deadstock shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, 86 Deadstock is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, 86 Deadstock is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. 86 Deadstock enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third-party service), you agree to provide and maintain true, accurate, current, and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy.
The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service.
Additionally, 86 Deadstock reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, at its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to:
86 Deadstock will not be liable for any loss or damage arising from your failure to comply with this Section.
86 Deadstock reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 86 Deadstock shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You acknowledge that 86 Deadstock may establish general practices and limits concerning use of the Service. You agree that 86 Deadstock has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that 86 Deadstock reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that 86 Deadstock reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
When you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
86 Deadstock may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by 86 Deadstock to such existing users. 86 Deadstock may also make certain credits available to such new users using that invite code. The amount and requirements to earn such credits will be determined, and may change, from time to time in 86 Deadstock’s sole discretion, and such program may be terminated by 86 Deadstock at any time, in each case with or without notice to you.
Furthermore, 86 Deadstock reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must:
You agree that any credit granted:
If your account has been suspended (see “Termination” below), you will not be able to use such credits during the duration of your account suspension.
You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by 86 Deadstock. 86 Deadstock reserves the right to investigate and take appropriate legal action against anyone who, in 86 Deadstock’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States (“U.S.”) export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Fees; Transactions: Registering for the Service is free; however, 86 Deadstock charges Sellers certain fees for various transactions effected through the Service. Our Fee Policy is available in the Help Center and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Taxes; Shipping Costs; Buyer Responsibility: Items purchased by and shipped to Buyers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes (“State Tax”). Items purchased by and shipped to Buyers in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively with State Tax, “Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the type of Items purchased, the Buyer’s designated delivery address, and/or the location of the Seller and the Items sold on the website and mobile app.
Buyers are responsible for paying the applicable purchase price for a purchased Item to the Seller, and to 86 Deadstock in the case of 1st Party Sales, as well as any shipping costs and paying applicable Taxes and/or duties associated with the purchase and sale of any Items through the Service or from 86 Deadstock. For Buyers in the U.S., the rate of Tax applied to purchases of taxable Items is a combined rate based on the state and local rates of the address where the Items are delivered to or shipped from.
Buyers will use 86 Deadstock tokens (which work as credits) towards the purchase of Items. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.
Tax and shipping costs are not included in the listed price for any Items listed by Sellers through the Service or by 86 Deadstock in the case of 1st Party Sales but will be displayed to Buyers before confirmation of any purchase.
Estimated Taxes: When a Buyer chooses to make an offer an estimated amount of Tax will be displayed. The estimated amount of Taxes is an estimate of applicable Taxes based on several factors, including the offer price, Buyers designated delivery address and rates of Taxes in effect at that time. If the offer price is accepted, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the offer is submitted. If there is a counteroffer from the Seller, or by 86 Deadstock in the case of 1st Party Sales, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the counteroffer is accepted. The amount of Taxes may change and be updated when the order is finalized and completed through the Service or by 86 Deadstock in the case of 1st Party Sales.
Marketplace Collection; Taxes; Commissions; Seller Responsibility: 86 Deadstock will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so including those states, countries and provinces that have enacted legislation requiring marketplaces, like 86 Deadstock, to collect Taxes on behalf of sellers or in lieu of collection by sellers. In these states, countries and provinces the amount of Taxes collected will be submitted by 86 Deadstock to the appropriate taxing authority. In those states where 86 Deadstock does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local laws. 86 Deadstock will also collect Taxes on its own sales where required to do so and will remit such collected taxes to the appropriate jurisdiction.
Sellers are responsible for paying 86 Deadstock’s commission as well as all taxes imposed or measured by Seller’s net income, profits, and/or revenues associated with the sale of any Items through the Service.
Payments: Buyers may pay for Items using credit cards or other payment methods. All credits will be turned into tokens. If you submit your payment information through the Service, then you authorize 86 Deadstock to store that payment information and charge your payment method for any tokens which are used for your purchase.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
Marketplace Risk: 86 Deadstock is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that users buy or sell through the Service: 86 Deadstock is a marketplace and technology platform and is not involved in any transaction between Buyers and Sellers, does not obtain title to any purchased items and does not act as Buyer, Seller (or affiliate for a Buyer or Seller) or broker with respect to any such transactions, with the exception of 1st Party Sales. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not 86 Deadstock. We encourage you to use the various functionalities of the Service (e.g., our direct messaging platform) to help evaluate the user with whom you are dealing.
User Behavior: 86 Deadstock does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, 86 Deadstock does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, 86 Deadstock does not guarantee the ability or intent of users to fulfill their obligations in any transactions. 86 Deadstock reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting 86 Deadstock and its users from illegal or wrongful activities or other violations of these Terms.
Independent Determination: FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
Prohibited Items: 86 Deadstock prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the Items listed in our Prohibited Items Policy.
Sellers: You must have the right to sell the Items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately, and completely.
Buyers: You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller or by 86 Deadstock in the case of 1st Party Sales, you have a contract with the Seller or 86 Deadstock, respectively.
Purchases: Buyers may offer to purchase Items from Sellers and 86 Deadstock in the case of 1st Party Sales. Once an offer is accepted by Seller, or 86 Deadstock, the sale transaction is binding on both Seller (or 86 Deadstock in the case of 1st Party Sales) and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms. Once the offer is accepted by Seller, (or 86 Deadstock in the case of 1st Party Sales), Buyer must pay the purchase price and shipping costs for the Item through the app and/or website. After doing so, Buyer’s obligations are complete, unless Buyer requests a permitted return.
Shipping Label: After Buyer pays those amounts with respect to a sale by a Seller, 86 Deadstock will provide Seller with a prepaid shipping label (“Label”), generated to the sale page on the Seller’s account. Once the Label is provided to the Seller, 86 Deadstock’s obligations for that sale are complete.
Shipping Delays: If an Item has not been shipped after 5 days, Buyers will have the option to cancel the sale, unless the Seller has already printed the shipping label. All Buyers can cancel their unshipped orders after 12 days, regardless of whether the Seller, or 86 Deadstock in the case of 1st Party Sales, has accessed the shipping label.
Order Cancellations: 86 Deadstock automatically cancels and refunds all orders after 21 days, unless an extension has been requested by the buyer and seller.
Shipping Label Terms: When using a Label provided by 86 Deadstock: (i) Seller may only use the Label to ship the applicable Item; (ii) Labels may not be transferred or sold to a third party; (iii) Seller is fully responsible for the contents of any parcels shipped using the Label; and (iv) Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items; and (v) Seller is responsible for purchasing his/her own shipping label if he/she wants insurance added to a shipment. If an item is lost or damaged in transit using a 86 Deadstock shipping label, 86 Deadstock is not responsible for compensating sellers when funds for an insurance claim are not rewarded. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery.
Delivery Confirmation: If the tracking number on the label shows that the package has been delivered to the provided address, 86 Deadstock considers the package delivered, even if the Buyer subsequently claims otherwise. 86 Deadstock reserves the right to discontinue providing Labels to any or all users at any time and for any reason.
Seller Payment: Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify 86 Deadstock of any issues with the Item within three days of delivery of the Item, as determined by the tracking information on the Label), then 86 Deadstock will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus 86 Deadstock’s commission, as set forth in the Fee Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from 86 Deadstock’s chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service.
Seller Account Balances: Amounts credited to a Seller’s account resulting from the Purchases flow described above (which excludes credits derived from the Friend Referral Program or from Gift Cards or other promotional credits defined below) may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from 86 Deadstock’s chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service. Amounts redeemed by a Seller through a permitted third party payment provider are limited to $10,000 USD per day. Amounts reflected in Seller Account Balances that have not been redeemed by a Seller within one year of the last active date will be converted to an electronic gift card.
Returns: Sellers and 86 Deadstock are not obligated to accept the return of items that are as advertised but have the option to do so. If the item you receive is not as described on the Service, then you must report the issue in the 86 Deadstock Service within 3 days after delivery of the purchased item. The order becomes non-refundable as soon as you have approved the sale or 72 hours after the item has arrived at your address– whichever comes first. Once the order is non-refundable, amounts will be released to the Seller, as described in the Purchases section of these terms. 86 Deadstock offers no shipping speed guarantees. 86 Deadstock is not obligated to grant a buyer’s request to return an item that was not delivered within a certain timeframe.
All pricing guidance displayed on the Service is designed for 86 Deadstock users that bases its information on recent transactions on the Site or relevant external market data. 86 Deadstock does not warrant its accuracy nor guarantee that items will sell within any stated parameters.
Retail prices on items offered by 3rd party sellers are provided by such sellers at their sole discretion and must be truthful and accurate.
Retail prices on 1st party items offered by 86 Deadstock represent the current retail prices of “new” or “like-new” condition items available at other retailers, or if not available elsewhere, the retail prices when the items were originally available for sale as current, in-line products.
You may purchase bumps for increased visibility for your listings. You acknowledge and agree that:
86 Deadstock uses IRS Form W-9, Request for Taxpayer Identification Number (“TIN”) and Certification, to obtain tax identification information from individuals and sellers who receive reportable payments stemming from marketplace transactions during the calendar year. When required, we provide this information to the IRS and applicable state taxing authorities by filing a Form 1099-K information return. For details, please see our W9/1099K FAQ.
You acknowledge and agree that the Service may contain images and descriptions of hospitality items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by 86 Deadstock, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of 86 Deadstock, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by 86 Deadstock.
The 86 Deadstock name and logos are trademarks and service marks of 86 Deadstock (collectively the “86 Deadstock Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 86 Deadstock. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of 86 Deadstock Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of 86 Deadstock Trademarks will inure to our exclusive benefit.
86 Deadstock offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
When you use the Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
Under no circumstances will 86 Deadstock be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that 86 Deadstock does not pre-screen items or content, but that 86 Deadstock and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, 86 Deadstock and its designees shall have the right to remove any item or content that violates this Agreement or is deemed by 86 Deadstock, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
You are solely responsible for the content you post or transmit on or through the Service (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to 86 Deadstock and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of 86 Deadstock, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to 86 Deadstock are non-confidential and 86 Deadstock shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that 86 Deadstock may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 86 Deadstock, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
86 Deadstock respects the intellectual property of others, and we ask our users to do the same. 86 Deadstock will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information:
If a counter-notice is received, 86 Deadstock will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The above information should be sent to 86 Deadstock by submitting a support request at help.86Deadstock.com. You may also contact us by mail at:
86 Deadstock, Inc.The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. 86 Deadstock has no control over such sites and resources and 86 Deadstock is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that 86 Deadstock shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that 86 Deadstock is not liable for any loss or claim that you may have against any such third party.
YOU AGREE TO INDEMNIFY AND HOLD 86 Deadstock AND (AS APPLICABLE), AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS, THE PRIVACY POLICY, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 86 Deadstock EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE ITEMS SOLD BY THE SELLERS AND 1ST PARTY SALES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 86 Deadstock SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 86 Deadstock HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
IN NO EVENT SHALL 86 Deadstock’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO 86 Deadstock AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD $100).
OCCASIONALLY, 86 Deadstock MAY PURCHASE GOODS FROM OTHERS AND 86 Deadstock MAY RESELL SUCH GOODS ON WWW.86 Deadstock.COM OR THROUGH 86 Deadstock’S APP. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING WAIVER OF LIABILITY APPLIES TO SUCH SALES AS WELL AS TO SALES BETWEEN INDIVIDUAL 86 Deadstock USERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 86 Deadstock EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES FOR SUCH SALES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ANY AND ALL CLAIMS BASED ON BREACH OF WARRANTY FOR SUCH SALES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. THIS “LIMITATION OF LIABILITY” PROVISION SHALL BE CONSTRUED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO LIMIT 86 Deadstock’S LIABILITY FOR SALES OF ITEMS ON THE SERVICE AS WELL AS 1ST PARTY SALES TO THE GREATEST DEGREE POSSIBLE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and 86 Deadstock, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, Items purchased from 86 Deadstock or Sellers, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and 86 Deadstock are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT BE CONSTRUED TO PROHIBIT PUBLIC INJUNCTIVE RELIEF IN THE STATE OF CALIFORNIA.
86 Deadstock is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by submitting a support request at help.86Deadstock.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, a Notice of Dispute (“Notice”). The Notice to 86 Deadstock should be sent by email to admin@86Deadstock.com (“Notice Address”). The Notice must:
If 86 Deadstock and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or 86 Deadstock may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 86 Deadstock or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 86 Deadstock is entitled. If you fail to participate in the pre-dispute resolution procedure outlined in this section prior to filing an arbitration demand, the arbitrator shall administratively dismiss the demand and 86 Deadstock shall not be responsible for any fees associated with that arbitration. Notwithstanding this general arbitration agreement, a party may file a court action to enjoin an improperly filed arbitration.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless 86 Deadstock and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, 86 Deadstock agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, 86 Deadstock will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
Notwithstanding any provision in this Agreement to the contrary, 86 Deadstock agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending 86 Deadstock written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
You agree that 86 Deadstock, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if 86 Deadstock believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. 86 Deadstock may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, or making 1st Party Sales, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that 86 Deadstock may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 86 Deadstock shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and 86 Deadstock will have no liability or responsibility with respect thereto. 86 Deadstock reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
This Agreement constitutes the entire agreement between you and 86 Deadstock and governs your use of the Service and 1st Party Sales, superseding any prior agreements between you and 86 Deadstock with respect to the Service or 1st Party Sales. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. This Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. With respect to any disputes or claims, you and 86 Deadstock agree to submit any and all such disputes to binding arbitration as outlined in the “Dispute Resolution by Binding Arbitration” section, above. In the event that any such dispute is deemed not arbitrable by any adjudicatory body with authority to make such a finding, you and 86 Deadstock agree to submit to the personal jurisdiction of the state and federal courts located within Ohio to resolve the dispute. The failure of 86 Deadstock to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year (unless applicable law requires a longer period) after such claim or cause of action arose or be forever barred. This electronic document and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings or arbitration proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail except as otherwise provided. 86 Deadstock may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service, except as otherwise provided.
At 86 Deadstock, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, and/or purchasing Items from 86 Deadstock, you consent to our collection and use of personal data as outlined therein.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers, or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. On August 30, 2018, Prop 65 will change by encouraging the Notice Parties to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
We encourage all 86 Deadstock users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on 86 Deadstock. You agree to indemnify and hold 86 Deadstock harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
Please submit a support request at help.86Deadstock.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.
