JACKPOTLOTS.COM SITE ACCESS AND PURCHASE AGREEMENT

THIS IS A LEGAL CONTRACT BETWEEN YOU AND JACKPOTLOTS.COM

This Site Access and Purchase Agreement (this Agreement) is a legal contract between you and Jackpotlots.com and contains the terms and conditions for access to and use of the website and marketplace located at Jackpotlots.com (the Site). 

This User Agreement includes and hereby incorporates into its terms the Site Access Agreement governing access to and use of the Site (the User Agreement) and the Jackpotlots.com Privacy Policy (Privacy Policy) and any supplemental terms you agree to from time to time. Please read this User Agreement and the Privacy Policy carefully - if you do not agree to any of the terms, you may not use the Site or Marketplace. The terms you, your, and yours refer to the customer/purchaser utilizing our Site(s). The terms Jackpotlots.com, we, and our refer to Jackpotlots.com, Inc., a Nevada corporation and its affiliates and subsidiaries.

CLICKING THE ACCEPT BUTTON UPON REGISTRATION CONSTITUTES YOUR ACCEPTANCE OF THIS USER AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM IN THIS USER AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE. If the provisions of this Agreement conflict with those in the User Agreement, the Privacy Policy, or the Checkout Terms, or any other terms incorporated into this Agreement, the terms of this Agreement will control.

1. AMENDMENTS AND CHANGES

1.1 Changes to Site and Marketplace. Jackpotlots.com shall have the right at any time to change or discontinue any aspect or feature of Jackpotlots.com and Jackpotlots.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.

1.2 Changes to Agreement Terms. Jackpotlots.com shall have the right at any time to change, modify, add or delete the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, changes to or additions to this User Agreement and the Privacy Policy. Such changes, modifications, additions or deletions (Changes) shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING Jackpotlots.com's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE.

2. YOUR MEMBERSHIP

2.1 The Marketplace. Jackpotlots.com operates an online marketplace that enables Members to view and purchase products and services (the Marketplace). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by Jackpotlots.com and is sold to the Member(s) who proposed the highest purchase price during that limited selling period. In addition, Jackpotlots.com may, from time to time, make available to Members opportunities to purchase a Product either in multiples of more than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.

2.2 Registration as a Jackpotlots.com Member Required. Only Jackpotlots.com Members may participate in the Marketplace. In order to become a Member, you must agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time.

2.3 Age Minimum. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18 (a Minor), may not become a Jackpotlots.com Member, use the Site or authorize transactions on the Site.

2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.

2.5 Jackpotlots.com allows only one (1) account per registered Subscriber. The right to use Jackpotlots.com is personal to Subscriber and is not transferable to any other person or entity.

2.6 Personalizing Your User Name. You may personalize your username with an icon we supply on the Site at My Jackpotlots Control Center - Update Your Registration Info or with an icon you upload from your computer. You may not use an offensive or profane icon. We reserve the right to erase or remove any icon from the Site at anytime.

2.7 Cookies Must Be Enabled. In order to participate in the Marketplace, your browser cookies must be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies. To enable cookies on your browser, click here.

3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE

3.1 Postings. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Jackpotlots.com's express prior approval, contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted Jackpotlots.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that users personal use. You hereby grant Jackpotlots.com the right to edit, copy, publish and distribute any material made available on the Site by you. We strongly forbid the use of any offensive images such as pornography. Any images Jackpotlots.com finds offensive will be deleted, and the members using such images may be suspended. Any conduct by you that in Jackpotlots.com discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.

3.2 Our Content. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Jackpotlots.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

3.3 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Jackpotlots.com and all charges related thereto.

3.4 Zero Tolerance on Fraud. Jackpotlots.com HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to Jackpotlots.com. Jackpotlots.com will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. Jackpotlots.com will terminate and ban the user on the first offense. Jackpotlots.com will also maintain and enforce a blacklist to chronicle fraudulent users.

3.5 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participants password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Jackpotlots.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

3.6 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on Jackpotlots.com or the bid price of any Product listed on the Site, or influencing user behavior on Jackpotlots.com.

4. PRIVACY, MONITORING AND DISCLOSURE, BREACH

4.1 Your Privacy.  Jackpotlots.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Jackpotlots.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy.

4.2 Monitoring and Investigation. As permitted by applicable law and consistent with our Privacy Policy, Jackpotlots.com has the right, but not the obligation, to monitor and investigate any activity and content on or associated with this Site. Jackpotlots.com may also monitor and investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site. Without limiting the foregoing, Jackpotlots.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

4.3 Disclosure of Information. As permitted by applicable law, Jackpotlots.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Jackpotlots.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Jackpotlots.com's business and systems or other purposes deemed reasonable by Jackpotlots.com, Jackpotlots.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

5. RIGHTS OF JACKPOTLOTS.COM

5.1 Auction Glitches. Jackpotlots.com will offer 100% risk free auctions, except when a technical glitch prevents that from happening. In such a case, Jackpotlots.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by Jackpotlots.com to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number(s).

5.2 Breach. Without limiting other remedies, Jackpotlots.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if Jackpotlots.com is unable to verify or authenticate any information you provide to Jackpotlots.com; or (c) if Jackpotlots.com believes that your actions may cause legal liability for you, other Jackpotlots.com users, or Jackpotlots.com.

5.3 Termination. Jackpotlots.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which Jackpotlots.com, in its sole discretion, considers to be unacceptable.

6. BIDDING TERMS

6.1 Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once Jackpotlots.com accepts your offer, you are obligated to complete the transaction as accepted by Jackpotlots.com. Accordingly, when you bid on a Product on Jackpotlots.com, you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner will result in termination of your Jackpotlots.com membership and other actions taken by Jackpotlots.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.

6.2 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.

6.3 Bid Increment Rules

(a) Minimum Bid Increase. Your Bid Amount must exceed the current highest bid by at least the Minimum Bid Increase. The Minimum Bid Increase depends on the current highest Bid Amount.

(b) Automatic Bid Increments. For your convenience, Jackpotlots.com automatically sets each of your next Bid Amounts by adding the applicable Minimum Bid Increase to the current Bid Amount.  YOU MAY ALSO SET YOUR DESIRED BID AMOUNT MANUALLY, WITHOUT THE AID OF THE Jackpotlots.com AUTOMATIC BID INCREASE IF GREATER THAN THE APPLICABLE MINIMUM BID AMOUNT INCREASE.

6.4 No Bid Shilling or Fraud. Bid shilling occurs when someone bids on a Product for the sole purpose of driving up the price and is prohibited. Any evidence of bid shilling on a Product is a breach of this Agreement and warrants immediate termination of membership.

6.5 Retracting Your Bid. Once you have submitted a bid to purchase any Product, it cannot be retracted unless you made an obvious typographical error when placing a bid. For clarification, a bid placed on another, similar Product, changing your mind, or inability to pay for the Product is not grounds to retract a bid or to cancel your agreement to purchase a Product. To retract a confirmed bid, you must contact Customer Service with your request and include the Product listing number and a valid explanation.

6.6 Submission of the Highest Bid and Your Payment Obligation. When you have submitted the highest Bid Amount during the selling period of a Product, you will receive an e-mail notifying you that you have submitted the highest Bid Amount - you will have five (5) days thereafter to pay for your Product(s) at that highest Bid Amount. You are responsible for keeping track of all of your highest Bid Amounts. No extensions on these five (5) days will be given.

7. BIDDING TOOLS.

Jackpotlots.com makes available tools for reviewing and purchasing Products through the Marketplace. You are solely responsible for use of these tools. By using any of these tools, you agree that you have read and that you understand all of the rules and instructions for such tools.

7.1 Jackpotlots.com Watch List. You may elect to use Jackpotlots.com Watch list feature to track Products you are interested in, but not yet ready to bid on. You may also bid on Products on your Watch List directly from your Watch List. For instructions, please click Watch List.

7.2 Autobid System. Our Autobid System will automatically place bids on your behalf on Products up to your maximum Bid Amount. Your election to use the Autobid System is your offer to purchase the applicable Product at the highest Bid Amount designated by you and a legal contract between you and Jackpotlots.com. If your highest bid amount is the winning bid, you agree to comply with your obligations under that contract to buy the Product from Jackpotlots.com. An Autobid placed on a Product or Bids that have already been placed by the Autobid System may not be cancelled.

7.3 Second Chance Offer Product.

(a) Description. Jackpotlots.com may provide you with an opportunity to purchase a Product through the Jackpotlots.com Second Chance Offer program. A Second Chance Offer is an opportunity to purchase a Product for which you submitted a bid that was not the highest. The purchase price for a Second Chance Offer is the highest price you bid for the Product. Second Chance Offers are made available when there is more than one (1) Product available for sale. Second Chance Offers will only be available to qualified Members to whom such offers are extended.

(b) Notice to You. If a Product is subject to a Second Chance Offer, you will receive an email notification after the selling period ends that you have a Second Chance Offer to buy the Product. Second Chance Offer Products will automatically be placed into your account. All Second Chance Offer Products will display in your account with a distinct listing number (i.e. sco_123456).

(c) Payment Terms. Existing customers who receive a Second Chance Offer will have five (5) days to pay for all Second Chance Offers after receiving an email notification of the offer.

(d) No Obligation. You are not obligated to purchase any Second Chance Offers. If you choose not to purchase these Products, you can contact customer service for removal or allow them to re-list without penalty to you.

7.4 More of the Same Lots

(a) Description. Jackpotlots.com may provide you with an opportunity to purchase Products in multiple through the Jackpotlots.com. The program provides you with an opportunity to purchase a Product for which you submitted the highest bid in multiple quantities for the highest bid price. These opportunities will only be available to qualified Jackpotlots.com members to whom such offers are extended.

7.5 Reserve Price Auctions

(a) Description. Jackpotlots.com may provide you with an opportunity to purchase a Product through the Jackpotlots.com Reserve Auctions program. A Reserve Auction is similar to a Jackpotlots.com Typical Auctions except that a minimum Reserve Price has been set. Once the minimum Reserve Price is met, the highest bidder will win the item once the auction closes. Each reserve auction will show an indicator when the Reserve Price is Not Met. The Reserve Price will not be revealed. If we have set a Reserve Price for a particular auction and the reserved price is not met, we are not obligated to sell the item.

(b) Notice to You. If a Reserve Price has been met on a product, the highest bidder will win the item once the auction closes. You will receive an email notification after the selling period ends that you have won the Reserve Price Product. Reserve Price Products will automatically be placed into your account.

(c) Payment Terms. Each Reserve Price Auction will expire five (5) days after you receive an email notification. Accordingly, you will have five (5) days to pay for any Reserve Price Auctions.

7.6 Reserve Price Offers

(a) Description. Jackpotlots.com may provide you with an opportunity to purchase a Product through the Reserve Price Offer program. A Reserve Price Offer is an opportunity to purchase a Reserve Price Product at the minimum reserve price set forth by Jackpotlots.com on a first come first serve basis.

(b) Notice to You. If a Product is subject to a Reserve Price Offer, all auction participants of the auction will receive an email notification after the selling period ends. Reserve Price Offer Products will automatically be placed into all auction participant accounts with a distinct listing number.

(c) Payment Terms. Each Reserve Price Offer will expire ten (10) days after you receive an email notification. The first user to purchase the item will secure the offer.

(d) No Obligation. You are not obligated to purchase any Reserve Price Offers. If you choose not to purchase these Products, you have the option to delete the product from your account.

8. PAYMENT

8.1 Payment Policies.

(a)Payments in Paypal accepted currencies OK.

(b) All Purchases Will Be Subject to Invoices. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more invoices that will be emailed or mailed to you.

(c) Maximum Products on an Invoice. All Jackpotlots.com items will be billed separately from any other Products.  Any Products designated as a Collectible and Wholesale will appear on its own invoice.

(d) Payment Due Within 5 Days. Payment on any Product is due promptly, but no later than five (5) days after Jackpotlots.com accepts your offer to buy a Product. Any payment not received within 5 days of when Jackpotlots.com accepts your offer to buy a Product will be referred for collection.

(e) Your Transactions and Obligations. By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and Jackpotlots.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. Jackpotlots.com reserves the right to demand payment if customer has more than 3 unpaid items in their account or if the total amount of auctions won, exceeds $500.00. To avoid this situation please pay on time. All winning auctions must be paid in chronological order.

(f) Processing Fee.    Payments are not subject to any processing fees.

(h) Shipping Not Refundable. Shipping is non-refundable, unless, the Product [is damaged or] does not substantially conform to the Listing Page description of such Product.

(i) Customs on International Shipments. You are solely responsible to pay all customs fees on packages shipped out of the United States. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions. In addition, for returned packages, you will pay all customs fees incurred during the shipping process.

8.2 Restocking Fees.

(a) A 15% re-stocking fee will apply for any Product which Jackpotlots.com determines in its sole discretion conformed to the Listing Page description, but was returned, even if you received a Return Authorization Number (RMA) from Jackpotlots.com.

(b) All packages that are refused by the customer or returned as undeliverable will automatically be assessed a 25% restocking fee.

8.3 Jackpotlots.com Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Jackpotlots.com may in its sole and absolute discretion cancel your purchase. In such case, Jackpotlots.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Jackpotlots.com's sole discretion, but without any obligation, alternate payment methods may be arranged.

8.4 Payment Methods.

(a)Accepted Payment Forms. Jackpotlots.com currently accepts:

(i) Visa

(ii) MasterCard

(iii)American Express

(iv) Discover

(v) PayPal.

(i) Applicable sales tax for Products shipped to California (8.25%) and or to New York (sales tax percentage will depend on the county), in addition to all other purchase price(s), charges and fees.

(vi) We do not accept International Personal Checks

(d) Third Parties. You agree that any payments made to Jackpotlots.com through any third party payment service, such as PayPal, any credit card issuer, or any other party, will be an agreement between you and the third party. Jackpotlots.com WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. JACKPOTLOTS.COM MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.

9. Sales Tax.

9.1 Sales Tax Requirements. Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers.

9.2 California and New York Purchases. Any Product purchased on Jackpotlots.com being shipped to California or New York will be charged sales tax on the transaction. Jackpotlots.com will accept California and New York resale certificates only if submitted before the transaction closes, fax certificates to (925)240-1373 and include your username on Jackpotlots.com.

9.3 Your Obligations. Jackpotlots.com's sales tax collections procedures do not constitute a promise that you have no other sales or use tax liabilities as a result of your purchase of Products through Jackpotlots.com. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You also agree that Bidz.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.

10. SHIPPING & DELIVERY

10.1 General Shipping Policies.

(a) Available Shippers:

(i) Domestic. All domestic orders (Products shipped within the United States) will be shipped by either United States Postal Service (USPS) or UPS.

(ii) International. All international orders (Products shipped outside of the United States) will be shipped by USPS priority or Express Air service.

(b) Time to Ship. Jackpotlots.com will not ship Products or begin to provide services until full payment for such Products or services is received. Jackpotlots.com will send Products within seven(7) business days of receiveing payment. During peak season, your order may take longer to ship.

(c) Priority Shipping.  Jackpotlots.com cannot be responsible for delays in shipping. Jackpotlots.com  makes no warranty, express or implied, about the ability of any shipping company to deliver any package in a specified amount of time. Any delays in shipping are the responsibility of the shipping company.

(d) No Signature Release. We will not authorize any shipper to deliver any Product without an authorized recipient signature. Accordingly, if you or your designees are unavailable to sign for any Product package, it will be retained by the shipper for further delivery or follow up by you or your designee. In the event you have a signature release waiver on file with UPS, Jackpotlots.com will not be held liable for missing or non-delivered Product(s).

(iv) Wholesale Items are items sold in Lots. Limit of 1 Lot per label in most cases, they can't be combined with any other items due to different locations of lots.  If lots are located at same location, combined shipping will be available.

(a) Restocking Fee. All packages that are refused by the customer or are returned to Jackpotlots.com as undeliverable will automatically be assessed a 25% restocking fee.

(b) Customs. International orders that are refused by the customers or undeliverable may have customs duties and fees that must be paid in order to have the refused merchandise returned to Jackpotlots.com. In these instances upon receipt of the Product to Jackpotlots.com , a 25% restocking fee will be applied to cover any customs and duties incurred. Any cash balances after 25% restocking fee is applied will be refunded to the customer in a timely manner.

10.6 Tracking Your Shipment. To track your shipment you need to obtain a Tracking Number.  The Tracking Number will become available once your order is shipped and subject to the shippers rules and policies.

(a) For questions on the status of your UPS package please visit UPS.COM

(b) For questions on the status of your USPS package please call 1-800-ASK-USPS (1-800-275-8777)

10.7 Estimated Delivery Date. Once Jackpotlots.com delivers your package with a shipper, the shipper provides an estimated delivery date based on the shipping method you selected and other market and environmental factors.

10.8 Lost Packages  Jackpotlots.com will not be held liable under any circumstance for lost or stolen packages; packages containing missing Products; or vandalized packages; if the customer does not contact Jackpotlots.com within 48 HOURS from the estimated delivery date of your package. Please forward all claims issues to: customerservice@bidz.com.

11. LIMITED WARRANTY

We disclaim all warranties, express or implied, of every kind and nature on any Product, service or the Marketplace, except as set forth in this Agreement.

14. No Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS. CUSTOMERS USE OF THE SITE IS AT CUSTOMER'S OWN AND SOLE RISK. Jackpotlots.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(a)THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR;

(c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THOSE THIRD PARTIES WILL PERFORM AS PROMISED.

(d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Jackpotlots.com .

(f) TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Jackpotlots.com DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM Jackpotlots.com OR THROUGH THE USE OF SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

15. DISCLAIMERS

(a)YOU EXPRESSLY AGREE THAT USE OF JACKPOTLOTS.COM IS AT YOUR SOLE RISK. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JACKPOTLOTS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(b) IN NO EVENT WILL JACKPOTLOTS.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF THE USE, OF OR INABILITY TO USE THE SITE.

(c) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER JACKPOTLOTS.COM, NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

16. LIMITATION OF LIABILITY

OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY, JACKPOTLOTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, PRODUCTS, SERVICES AND THE MARKETPLACE, THE INABILITY TO USE PRODUCTS, SERVICES AND THE MARKETPLACE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

17. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JACKPOTLOTS.COM AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS USER AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

18. INTELLECTUAL PROPERTY

18. 1 Trademarks. JACKPOTLOTS.COM names, logos and tag lines are trademarks of JACKPOTLOTS.COM and any of its subsidiaries. All rights reserved. All other trademarks appearing on JACKPOTLOTS.COM are the property of their respective owners. This User Agreement does not constitute a license to use any such trademarks.

18.2 Copyrights and Copyright Agent. JACKPOTLOTS.COM respects the rights of all copyright holders and in this regard, JACKPOTLOTS.COM has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide JACKPOTLOTS.COMS copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

19. APPLICABLE LAW AND DISPUTE RESOLUTION

19.1 Governing Law. Any actions arising out of, or in any manner affecting the interpretation of, this Agreement as they pertain to the Marketplace, the Site, any service or any Product, whether under this Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of California, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Contra Costa County, California for litigation of disputes under the Agreement.

19.2 Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN CONTRA COSTA COUNTY, CALIFORNIA AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR JACKPOTLOTS.COM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR JACKPOTLOTS.COM PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

20. GENERAL PROVISIONS

20.1 Entire Agreement. This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

20.2 No Agency; Third-Party Beneficiary, Jackpotlots.com is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Jackpotlots.com and you.

20.3 Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

20.4 No Waiver. Jackpotlots.com's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of Jackpotlots.com's right to subsequently enforce such provision or any other provisions of this User Agreement.

20.5 Headings. The section headings used herein are for convenience only and shall not be given any legal import.

HOW TO RETURN A PRODUCT – CHECKLIST

Make sure you have:

your Jackpotlots.com Username

the listing # of the Product you wish to return

your proof of payment

a detailed reason for your return.

Contact Jackpotlots.com to get a Return Authorization Number (RMA)

By email at customerservice@jackpotlots.com

Get shipping instructions and a shipping address for returning a Product.

Jackpotlots.com, Inc.
RETURNS DEPT.
1238 Sheldon Drive
Brentwood, CA 94513

Print the RMA number on the outside of all returning parcels. Packages without a clearly marked, valid RMA will be refused.

Please DO NOT remove the tag on the Product. Once the tag is removed, Jackpotlots will not accept the Product for a return.

Ship the Product for which you are returning and your proof of purchase to the address provided to you by the Jackpotlots.com. Remember, you must pay the cost of shipping the Product to Jackpotlots.com for warranty service.

WHAT THIS LIMITED WARRANTY DOES NOT COVER

This Limited Warranty does not cover, among other things any of the following, or damages related to any of the following or other non-defect related problems:

Failure of any other product used in conjunction with the Product;

Improper use of the Product;

Any alteration or modification made to all or any part of the Product after you purchase the Product;

Damage or inoperability of the Product due to accident, lightning, unauthorized repair or other cause not within the control of Jackpotlots.com;

Operation of the product in any country other than the country for which it was designed, manufactured, approved and/or authorized;

Use of the Product for commercial or institutional purposes;

Access connections (internet), including charges from your communications provider even if you choose to return the Product and otherwise have no use for such access connections.

A 15% re-stocking fee will be charged for any Product which is returned as described in Products Listing Page and shipping is non-refundable.

LIMITATION OF LIABILITY AND DISCLAIMERS

JACKPOTLOTS.COMS RESPONSIBILITY FOR RETURNS OR REMEDIES ON THE PRODUCT IS LIMITED TO REFUND OF PURCHASE PRICE AS SET FORTH IN THIS LIMITED WARRANTY. THE PRECEDING LIMITED WARRANTY CONSTITUTES JACKPOTLOTS.COM’S ONLY OBLIGATION TO YOU AND REPRESENTS YOUR EXCLUSIVE REMEDY AGAINST JACKPOTLOTS.COM. IN NO EVENT WILL JACKPOTLOTS.COM BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER YOUR CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THE PRODUCT’S NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OR OWNERSHIP OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN OTHER EXCLUSIONS CONTAINED IN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH IN THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW.

No person or entity is authorized to give any other warranty or to assume any other obligation on behalf of jackpotlots.com. Any provision of this Limited Warranty prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition and shall not invalidate any of the remaining provisions of this Limited Warranty.