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ConsignmentKing.com User Agreement

Welcome to Consignment King, LLC. This User Agreement ("Agreement") describes the terms on which Consignment King offers you access to ConsignmentKing.com (our "Site") and Consignment King services.

This Agreement is a contract between you ("you," or "user") and Consignment King ("Consignment King," "we" or "us" as used in this Agreement) and applies to your entire relationship with Consignment King and all Services that Consignment King provides.

This Agreement is effective on December 1, 2011 for current users and upon acceptance for new users. We may periodically make changes to this Agreement, which will be posted on the Site and effective thirty (30) days following posting, or immediately for new Consignment King users. We will also post notice of the changes in the Notifications section of the Site. Your continued use of the Site after those thirty (30) days constitutes your acceptance of the changes.

1. Introduction. Consignment King are consignment events that allow Jocks to buy and sell their gear.

1.1 Registration on Consignment King. Before using Consignment King's Services you must read, agree with, and accept all of the terms and conditions contained in this Agreement and the terms and policies linked to this Agreement, including but not limited to the Consignment King Privacy Policy.  We strongly recommend that, as you read this Agreement, you also access and read the linked information.

You may use the Site to list, sell, or purchase gear  only if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Site.

1.2 Additional Policies. Users are also subject to other Consignment King policies, including but not limited to Consignor Waivers and Privacy Policy, as well as any other policies communicated to and accepted by you, whether by email or other methods (the "Additional Policies"). All Additional Policies are hereby incorporated into and made a part of this Agreement by reference. Changes to the Additional Policies may be made from time to time and, except in the case of the Privacy Policy, without notice. Your continued use of the Services shall constitute acceptance of the terms of the Additional Policies, as modified.

1.3 Fees. Registration and listing gear on the Site is free, but Consignment King charges  selling service fees (the "Service Fees") . Fees are disclosed to you in our consignor waivers. 

2. Buyer and Seller Responsibilities. By listing, selling, or purchasing gear using the Site and Services you agree to the terms of this Agreement. You will need an email address and password to use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person. You are responsible for ensuring that your contact information, including your email address, mailing address and phone number with us is accurate and current.

2.1 Seller Responsibilities.

(a)

Gear Information. You agree to provide correct and accurate information about the gear you list on the Site and plan to sell, you are responsible for bringing to the events the exact gear and it must be in good working condition.   If the gear is not in working condition and it is sold under that pretence the buyer may be rewarded a refund.

(b)

Working Condition.  All gear offered at Consignment King events must be in good working condition.

(c)

I am participating in the consignment Event as a  consignor and/or volunteer. I understand and agree that Consignment King is not responsible for fire, loss, theft or damage to my sale items. I also understand that I will be charged a $10 consignor fee and 40 percent of my gross sales for participation. (VIP Drop offs are charged 50% and Volunteers are charged 25%

(d)

                                I also agree that, as a condition of selling items in a Consignment King Consignment Sale, I represent and warrant the following to be true and correct:

 

                                1. I am the owner of the items to be sold and I have full authority to sell the items offered by me for sale; and

                                2. Each item offered for sale by me is in good operating condition, reasonable wear and tear expected, and is not defective, broken or damaged in any way; and

                                3. Any repaired item was repaired by the original manufacturer or in accordance with the original manufacturer’s warranty program; and

4. Each item complies with applicable law; https://www.cpsc.gov/cpsclist.aspx and

5. No item is the subject of any pending or threatened recall notice, lead recall or other consumer protection enforcement action; and

6. I know of no reason why any item offered for sale by me would cause any injury to another.

(e)

Selecting full price for the item will remain at FULL PRICE throughout the sale. Tags with star mean the items will be sold at 50% off the final sales day. For YOUR protection, there will be no alteration to any tags (lowering/increasing price or adding/removing a star) allowed at any time during the sale. The barcode tag is the deciding factor for any variation in price/information.

2.2 Buyer Responsibilities. All orders are final and, once placed, cannot be cancelled or retracted. You should have funds available on your Payment Method at the time of purchase


2.3 Payments:  Checks will be mailed out 12 days following the end of the event for the % described above.

3. Your relationship with us. 


3.1 General. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. .

3.2 Grant of License. You grant Consignment King a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to Consignment King in connection with your use of the Site and its Services. If you have submitted a story, photo, or other information to us (the "Stories"), you agree to any terms we include in the Stories' submission process (by email, internet, or otherwise) and license Consignment King to use the Stories pursuant to those terms.

3.3 Release. Consignment King acts as a marketplace only to bring Buyers and Sellers together to list, sell, and purchase gear from one another. Sellers set gear prices and those prices. In all cases, selling gear as well as placing, confirmation and delivery of orders are transactions between Buyers and Sellers.. If you have a dispute with one or more registered users, as a Buyer or Seller, you release Consignment King and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You acknowledge that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of California, you agree to waive California Civil Code Section 1542. If you are a resident of any other state or foreign country, you agree to waive in advance any similar laws of such other jurisdiction

3.4 Privacy. For a complete description of how we use and protect your personal information, see the Consignment King Privacy Policy. If you object to your information being transferred or used in this way please do not use the Site or our Services

3.5 Fraud Protection. In our effort to protect our Buyers and Sellers we may screen gear purchases or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of purchases or listings and deactivation of accounts. If your transaction or account is cancelled in error, please contact us and we may reinstate your account or listing in our sole discretion.
 

4. Things we don't allow. If you engage in any activity set forth in this Section 4, you may be subject to any and all of the Consequences set forth in Section 5, in Consignment King's sole discretion.

4.1 Offline Transactions. You agree not to use the Consignment King Site or Services to (a) contact other Consignment King users, (b) invite contact with other Consignment King users, (c) solicit sales outside of Consignment King, or (d) initiate or engage in transactions (either purchases or sales) outside of Consignment King. Consignment King is not responsible for any damages or lost profits that result from Consignment King users directly contacting other Consignment King users or for any damages or lost profits resulting from transactions conducted outside of Consignment King, including transactions that originate at Consignment King and are taken offline, or transactions facilitated through the use of any Consignment King social media outlet or other offline communication.

4.2 Inappropriate Behavior. You agree not to use abusive language or behave in an abusive manner to any Consignment King employee or user. You also agree to behave appropriately and in compliance with venue standards of conduct at events for which you have purchased gear through our Site.

4.3 Illegal Activity. You agree not to use this Site or the Services for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and Services and the listing, selling, buying, and use of gear. You agree to pay any and all local, state, federal, or international taxes that may be due. You agree not to use or permit anyone to use information provided through the Site or our Services for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized Payment Method. You agree not to copy, modify, or distribute any content from the Site, including Consignment King's copyrights and trademarks, and/or link to the Site without Consignment King's prior written permission.

4.4 Double Posting and Removal of Gear. To post gear for sale on the Site you must first register with the Site. Once gear is posted, we strongly discourage posting that gear for sale elsewhere. If you do post your gear for sale elsewhere and the gear sells elsewhere or otherwise leaves your control after you list it, you must then remove your gear listing from Consignment King


4.5 Stolen Property. The sale of stolen property on Consignment King is strictly forbidden and violates state, federal and international law. Consignment King strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Consignment King. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

4.6 Promotional Materials. If you are a Seller, you agree not to include in your gear to the Buyer any promotional or other commercial material that is not provided or approved by Consignment King. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than Consignment King, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason or represent to any Buyer that you are affiliated with or a representative of Consignment King.

4.7 Misrepresentation of Gear. You must accurately represent your gear to the buyers.

5. Consequences.

5.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a gear, the source of a gear, your acquisition of gear, and the price you paid for a gear.

5.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating you from using the Site or Services, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for Consignment King. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. Consignment King is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful, in bad faith, or otherwise made in material violation of this Agreement.

5.3 Disclosure of Information. You agree that Consignment King may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Consignment King will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Consignment King will also respond to all inquiries initiated by governmental agencies or as otherwise legally compelled.

5.4 Making Adjustments. You authorize Consignment King to withhold payment or charge your payment method any amount you owe us if (a) a sale is cancelled for any reason; (b) your violation of section 4.2 of this Agreement causes the cancellation of a Seller's gear to a future event, in which case you will be liable for all damages to us or third parties thereby incurred; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (d) you are not able to produce the exact gear that you listed on the Site; (e) you deliver incorrect or misrepresented gear for any order or portion of an order; (f) you fail to ship gear by the expected ship date you provided without notifying Consignment King in advance; or (g) you otherwise owe Consignment King or a Corporate Affiliate a specific amount. If any of these things happen, we may charge you for all reasonable costs Consignment King incurs due to your conduct, including but not limited to a late shipment fee, reprinting fee, FedEx re-routing charges, the cost of replacement gear, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.

6. Your warranties to us.

6.1 Accurate Descriptions. For all gear you list as the Seller, you warrant that your descriptions of the gear accurately detail and describe the gear offered for sale. If you, at any time, deliver invalid, fraudulent, or misrepresented gear, Consignment King reserves the right to cancel the order, return the gear to you, if possible, and/or hold you liable for any and all charges we incur to satisfy the Buyer under the terms of Consignment King's Guarantee or as set forth in the Consequences set forth in Section 5, in Consignment King's sole discretion.

6.2 Other Information. You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (g) is not intended to circumvent or violate the letter and spirit of this Agreement and the lawful functioning of Consignment King's ticket marketplace.

6.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and Services including without limitation laws pertaining to the setting of the price of your gear.

6.4 Indemnity. You agree to indemnify and hold Consignment King and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Consignment King and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site or pertaining to the Services, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.

7. What we don't warrant (disclaimers of warranties and limitations of liability).


7.1 No Warranty. Except for the express warranties stated in this Agreement, Consignment King provides the Site, Events and Services on an "as is" basis and "as available" basis without any warranties of any kind. Consignment King makes no warranty with respect to its software, any gear, any event, the Services Consignment King provides, or that Sellers or Buyers will perform as promised, and Consignment King expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third-party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

7.2 Tax Indemnity. You agree that Consignment King is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Consignment King and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Consignment King that arise out of any third party or governmental claim that involves, relates to or concerns any federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. You agree to provide Consignment King with your Social Security Number or tax ID if necessary for Consignment King to provide information to the Internal Revenue Service related to payments you receive from us and further authorize Consignment King to release that information to the IRS or other competent governmental body.

7.3 Change or Suspension of Site. Consignment King reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our Site or Services, which may be interfered with by numerous factors outside of our control. Consignment King is never, for any reason, responsible for gear listed on the site that do not sell, including gear that remain unsold during a full or partial Site outage or at the end of an event that was not picked up by the seller. 

7.4 Regular Maintenance. Consignment King  performs regularly-scheduled daily maintenance from 11 p.m. 3 a.m. EasternTime. Emergency maintenance can occur at any time, but is limited to after 11 p.m. when possible. During maintenance periods, the Site may be temporarily unavailable. Consignment King is not responsible for unsold gear resulting from site maintenance.

8. We own the intellectual property rights to our Site and Service.

8.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of Consignment King's Intellectual Property.

8.2 Copyright. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Consignment King or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Consignment King and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

9. Additional terms that affect our agreement.

9.1 Notices. Except as explicitly stated otherwise, legal notices shall be served on Consignment King's national registered agent (in the case of Consignment King) or to the email address you provide to Consignment King during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

9.2 Governing Law. This Agreement shall be governed in all respects by the laws of the State of Tennessee in Hamilton County.

9.3 Dispute Resolution. If a dispute arises between you and Consignment King, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Consignment King agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

  • Law and Forum for Disputes - You agree that any Claim or dispute either party may have against the other must be resolved exclusively by a state or federal court located in Chattanooga, Tennessee, except as otherwise agreed by the parties in writing or as described in the Arbitration Option paragraph below. Both parties agree to submit to the personal jurisdiction of the courts located within Chattanooga, Tennessee for the purpose of litigating all such Claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or solely based on written submissions, the specific manner (telephone, online and/or by written submission) shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Consignment King must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, Consignment King may recover attorneys' fees and costs up to $1000, provided that Consignment King has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

9.4 Limitation of Liability. You will not hold Consignment King responsible for other users' content, actions, or inactions, including without limitation the listing and/or selling of gear in violation of local, state, national or international laws. Our Site is a marketplace for jocks to buy and sell gear. While we may help facilitate the resolution of disputes through common sense, we have no control over and do not guarantee the accuracy, quality, safety, or legality of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction.

We exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our Site and Services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total Service Fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

9.5 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. Consignment King may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Consignment King, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.

BY AGEEING YOU ACCEPT THE TERMS OF THIS USER AGREEMENT



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