Terms

TERMS OF USE

Acceptance of the Terms of Use

The following terms and conditions (collectively, "Terms of Use") govern your access to and use of the deadinv.com and deadinv.ca websites and all related mobile apps, e-commerce shops, social media apps, desktop apps, other websites, and software services (collectively, the "Platform") operated by Dead Inventory Store Inc. or its affiliates (collectively, "Company", "we" or "us"), including any content, functionality, goods or services offered on or through the Platform, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our privacy policy (the "Privacy Policy"), found at www.deadinv.com/seller/privacy and incorporated into these Terms of Use by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for: making all arrangements necessary for you to have access to the Platform; and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including through the use of any interactive features on the Platform, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Platform and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your use only. Unless you obtain the Company's prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform. You may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms "Dead Inventory Store", the Company's logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

in any way that violates any applicable federal, provincial, state, local or international law or regulation (including any laws regarding the export of data or software to and from Canada, the United States or other countries);
to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 9 of these Terms of Use;
to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose us or them to liability.

Additionally, you agree not to:

use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform;
use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Platform;
introduce any viruses, malware or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, any server on which any portion of the Platform is stored, or any server, computer or database connected to the Platform;
attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Platform.

Ordering, Pricing, Invoicing, Payment and Shipping

Ordering

After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order ("Shipping Confirmation"). Until we send you the Shipping Confirmation, we have not accepted your order. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order, and refund amounts you paid to us (other than processing fees), where the product is no longer in our inventory or is otherwise unavailable as advertised.

Pricing

Prices for products on the Platform are subject to change without notice. We will make commercially reasonable efforts to ensure that products on the Platform show the correct product information, including prices. That said, the Platform lists many products and some products listed on the Platform may be incorrectly priced or may show inaccurate quantity or availability information. We are under no obligation to provide a product to you at an incorrect price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and you could have reasonably recognized it as a pricing error. You acknowledge that it could occur that you successfully submit an order, but the ordered products are no longer available. You agree that we may cancel your order after you have received an Order Confirmation or Shipping Confirmation without penalty, if the product you ordered is or becomes unavailable. We may correct any errors, inaccuracies or omissions on a product page, or elsewhere on the Platform, at any time.

Taxes

We collect applicable taxes on sales made through the Platform. For purchases where sales tax is applicable you will see the tax displayed on the confirmation page before you submit your order. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we display to you as the tax owed. Errors may occur due to multiple taxing jurisdictions, jurisdiction-specific tax exceptions, the timing of rate changes or the application of certain taxes to categories of products available on the Platform. In consideration for your use of the Platform, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us and our officers, directors, employees, agents and representatives harmless from any losses or damages you may incur as a result of any error in calculating the taxes you owe for your purchases.

Invoicing and Payment

All payments for orders made through the Platform will be by credit card through our third party payment processor (currently Stripe). Your payment will be processed at the time you submit your order, and you agree to pay the amount displayed on the confirmation page for your order, when you confirm you want to proceed with the order. Once your order has been submitted (including the processing of your payment), we will send you an email confirming your order and payment. As noted in the "Ordering" section above, until we send you a Shipping Confirmation, we have not accepted your order, even though you may have received an Order Confirmation by email.

Shipping

The term shipping or ship includes the commencement of shipping items in an order for multiple purchases. We may ship an order by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has "shipped," marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time.

For orders that require it, you hereby authorize an approved customs broker to act as your agent, and to transact business with Canadian or US Customs agencies to obtain release of merchandise, account for duties and taxes, return merchandise, and submit refund claims on your behalf.

Risk of Loss

Title and risk of loss for all items purchased through the Platform pass to you upon tender of the item(s) to the carrier responsible for shipment.

User Contributions

The Platform may contain interactive features that allow users to post, submit, publish, display or transmit (collectively, "post") to other users or persons content or materials (collectively, "User Contributions") on or through the Platform. All User Contributions must comply with the Content Standards.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company;
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or
terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

We do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards (collectively, the "Content Standards") apply to any and all User Contributions. User Contributions must, in their entirety, comply with all applicable federal, provincial, state, local and international laws and regulations. Without limiting the foregoing, User Contributions may not:

contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;
promote any illegal activity, or advocate, promote or assist any unlawful act;
cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or
impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.

Changes to the Platform

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Use of the Platform

All information we collect on the Platform is subject to the Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Platform

You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any goods or services obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Platform, its content and any goods or services obtained through the Platform, is at your own risk. The Platform, its content and any goods or services obtained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content or any goods or services obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Platform or the servers that make it available are free of viruses or other harmful components or that the Platform or any goods or services obtained through the Platform will otherwise meet your needs or expectations.

To the fullest extent allowed under applicable law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

Limitation on Liability

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites or any goods or services obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including your User Contributions, any use of the Platform's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Alberta in each case located in the City of Calgary. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Interpretation

In these Terms of Use: (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms of Use as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders.

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitutes the entire agreement between you and the Company with respect to the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.