Read Our Terms and Conditions Before Buying

These Terms and Conditions contain an arbitration provision. Please review the Arbitration section for details.

Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between You and Clearance Room, LLC and its affiliates (collectively the “Company,” “Clearance Room,” “we,” “our”and “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of clearanceroom.com, including any content, functionality and services offered on or through clearanceroom.com (the “Website”), whether as a guest or a registered user, or any other time you interact with us in any of our customer channels and are transferrable between channels.

Please read the Terms and Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Website Privacy Policy, found at https://www.clearanceroom.com, incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

Eligibility

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller Goods). If you do not meet all of these requirements, you must not access or use the Website.

Our Website Marketplace

This website is marketplace made up of many independent vendors from throughout the United States offering their product from their own goods for sale facilitated by the website to connect the vendors to buyers. Authorized businesses that with to list certain goods (“Goods”) for sale on Clearance Rooms website are collectively “Vendors”. Any individual, business or legal entity that wishes to purchase Goods via the website are collectively “Buyers”. All users of the Services, including, without limitation, Buyers and Vendors are, collectively “Users”. When we use the word “you” in these Terms, it refers to any User, regardless of whether they are a Vendor or Buyer, while if we use one of those specific terms, it only applies to that category of User.

Clearance Room relies upon a community of independent Vendors that supply the Goods advertised on and sold through the website. Unless stated otherwise or to help facilitate cross-border shipments, Clearance Room at no time holds possession of or title to the Goods advertised on and sold through the website. Clearance Room is not a broker or your agent. Clearance Room is not the Seller of any Goods listed on the website. Clearance Room merely provides a marketplace for sales between Vendors and Buyers, and is not involved in the transaction itself. Vendors may sell Goods through their storefronts on the website and such Goods are not owned or controlled by Clearance Room.

Before purchasing Goods from any Vendor, Buyers are responsible for making their own determinations that the Goods are suitable. Clearance Room is only responsible for connecting Sellers and Buyers, and can’t and won’t be responsible for making sure that Seller’s Goods are up to a certain standard of quality. Clearance Room similarly can’t and won’t be responsible for ensuring that information (including credentials) a Buyer or Vendor provides about himself or herself or about the Goods being offered is accurate or up-to-date. We don’t control the actions of any Buyer or Vendor, and Vendors are not Clearance Room employees.

Clearance Room does not directly offer any Goods. You hereby acknowledge that Clearance Room does not supervise, direct, control or monitor the Vendor’s Goods and expressly disclaims any responsibility and liability for the Vendor’s Goods, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

Buyer and Vendor must not enter into separate agreements outside of Clearance Room relating to Vendor’s Goods (“Outside Agreements”). If you do enter into any Outside Agreement we may terminate your Clearance Room account, and you acknowledge that Clearance Room is not a party to and isn’t responsible for enforcing any Outside Agreement.

Vendors

Clearance Room is a marketplace facilitator that works with Vendors to promote and complete the sale of their Goods through our platform. Most U.S. states now have marketplace facilitator laws that require us to collect and remit state sales tax on behalf of Vendors. If Clearance Room is unable or not required to collect and remit state or local sales taxes, customs or duties on behalf of a Vendor, then the Vendor is responsible for collecting and remitting state and local sales tax, customs or duties, as applicable. As a Vendor, you are responsible for paying, withholding, filing, and reporting all taxes, customs, duties, and other governmental assessments associated with your activity in connection with the website, provided that Clearance Room will do so on your behalf where required, and may, in its sole discretion, do any of the foregoing on your behalf where it is not required.

Certain of the Services may allow you to list or otherwise offer Goods on the Services for sale. By listing or otherwise offering Goods on the Services for sale, you agree to the following:

To ensure the integrity and quality of the website, Clearance Room maintains certain policies and rules for its website, including, without limitation, policies, and rules to promote accurate representation and reliable delivery of Goods sold via the webiste. You will comply at all times with all the policies and rules set forth in the applicable Vendor FAQs, which may be updated from time to time. You represent and warrant that you own or have the right to sell the Goods, and that your Goods description, the Goods, and your conduct in listing the Goods comply with all applicable laws and regulations, as well as Clearance Room’s policies.
You will provide accurate and lawful descriptions and prices for each Good you list on the Services.
You will provide any legally required warnings or notices with respect to each Good you list on the Services.
You will ensure that the Goods comply with safety standards and guidelines provided by the Consumer Product Safety Commission as applicable.
You agree to complete the transaction promptly on the terms listed for the selected Goods.

You may not list any Goods on the Services that:

Violate any applicable law or regulation, or are an illegal item, including counterfeit or stolen items; or
Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.

If an issue or dispute arises between you and any Buyer regarding any Goods you offer on the Service for sale, please contact us at support@Clearanceroom.com, and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Buyer. You agree and acknowledge that while Clearance Room may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Buyer, and (ii) Clearance Room is not responsible for successfully resolving any claims or disputes between you and the Buyer. In addition, Clearance Room reserves the right, for any reason, in our sole discretion and without notice to you, to remove any Goods you list, to suspend your access to the Services, or to otherwise impose consequences on you for behaviors that Clearance Room deems, in its sole discretion, to be inconsistent with Clearance Room’s policies or the spirit of a trustworthy marketplace; Clearance Room will not be liable to you or to any third party for taking any such action.

No Vendor may collect any information from or relating to a Buyer (“Buyer Information”), whether via the Services, in the course of offering Goods, or otherwise, beyond what is necessary to offer the Goods to and/or sell the Goods to that Buyer. Vendors must not use any Buyer Information beyond what is necessary to offer the Goods to and/or sell the Goods to that Buyer on the Clearance Room platform. Upon the conclusion of offering the Goods to a Buyer (or otherwise upon the request of such Buyer or Clearance Room), Vendor must properly destroy all Buyer Information from or relating to such Buyer and make no further use of it whatsoever. Vendors must collect, use, maintain, and transmit all Buyer Information in compliance with all applicable laws.

Certain Services may allow a User to communicate directly with you. When a User communicates with you to inquire about or purchase a product or otherwise, the User may provide you with certain personal information (including the User’s name and email address and, in the case of a purchase, payment and shipping information). Without express consent, you shall not contact Users or use their personal information for any purpose other than Clearance Room-related communications and for completing the transaction for which the information was provided. You may not use this information to distribute unsolicited commercial messages.

Buyers

Our website may allow you to purchase Goods using the website. If you purchase any Goods using the website:

You agree to pay the amount listed and all other disclosed amounts, such as taxes, duties, costs, and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
You agree that we can automatically charge your credit card during the purchase process. All amounts are in US Dollars only.
You agree that all Goods purchased are “AS IS, No Return, No Refund” purchases without any manufacturer’s warranty unless explicitly included in the listing to the contrary.
You agree that you are not on the U.S. Government’s Specially Designated Nationals And Blocked Persons List or any similar list issued by any other country.

For certain transactions, we may offer a Return Policy. Except for the Return Policy, all fees and charges are nonrefundable.

While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.

Vendors are solely responsible for the accuracy in describing and pricing the Goods on the Service. Clearance Room relies on the Vendors for such information and is not responsible in any way for the description or pricing of Goods on the Services provided by the Vendor. If you have any claims or disputes regarding any Vendor or any Goods on the Service, please contact us at support@Clearanceroom.com, and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Vendor. You agree and acknowledge that while Clearance Room may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Vendor, and (ii) Clearance Room is not responsible for successfully resolving any claims or disputes between you and the Vendor.

Terms of Sale

Prices

MSRP is a reference to a price at which the manufacturer recommends that the item be offered or sold by their selected retailers. Prices vary amongst all Vendors and will continue to change over time, so the MSRP may not represent the price a product is offered at by a retailer at any given time.

Clearance Room reserves the right to change prices based on the way the website is accessed or via advertising and marketing channels of any nature whatsoever, including direct and third-party advertising and marketing. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for Goods will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases are inevitable over time, however we will only apply the increased price to orders that are placed after such changes go into effect. All product prices listed do not include taxes or charges for shipping and handling. Any applicable taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences. We also reserve the right to cancel any orders placed using unauthorized coupon codes or other discounts. If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away via phone or email at orders@clearanceroom.com and we will work with you to cancel or return your order.

Payment Terms

When you place an order, you will be charged immediately for the full amount of your order. Upon successful collection of funds, the vendor supplying and shipping company will be notified of your purchase. Your item should be delivered to you in the time frame set forth in your order.

Sale Products

Vendors listing Goods for sale on the site may change prices at any time for any reason, including limited time “sale” pricing. This “sale” pricing by nature is for a limited time and the Vendor and Clearance Room will not be liable to adjust a price if the purchase is not completed at the time the price is shown.

Shipments; Delivery

You shall pay for all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. These may differ from the amounts we actually incur from any carrier. We are not liable for any delays in shipments.

Returns and Refunds

All Goods on the Website are final sale, AS IS, non-returnable. If at our discretion we decide to accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is initiated within 24 hours of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at service@clearanceroom.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Return shipping and restocking fees may apply based on your preferred form of credit. Original shipping costs are not refundable.

White-glove and Entryway Items

For Goods shipped via white-glove or entryway delivery that are deemed eligible for return, the return shipping and restocking fee will be a flat $400 per item.

Refunds are processed within 10-15 business days of our receipt of the Goods. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE .

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, free shipping, or other promotional activity associated with a product purchase. These offers may be for a limited time only. If there is a conflict between the terms for a promotion and these Terms and Conditions, the promotion terms will govern.

Additional Terms

Some of our services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a service, we will make them available for you to read through your use of that service. By using that service, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms and Conditions.

We may reach out to you if we see a social media post that we would like to re-post. If you agree to let us do so, the additional terms regarding social media will apply.

Intellectual Property Rights

Our Website include information, data, text, articles, photographs, graphics, images, illustrations, video, messages, tags, or other materials (“Content”) from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available while using the Website (including through any third-party service integrations you enable through the Website) and for the consequences of your actions (including any loss or damage which Clearance Room may suffer). The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Clearance Room’s) rights.

When you upload or post any Content to our Website, you grant to Clearance Room and its affiliates a license and right to such Content (and any intellectual property or other proprietary rights you have in such Content) to distribute, syndicate, reproduce, edit, modify, adapt, store, aggregate, publish, publicly perform, publicly display, make derivative works of, and otherwise use, in the broadest sense permitted under applicable law, such Content on or off the Website: (a) for the purpose of providing the Website to you and other Users, such as promoting your listings on the Website; and (b) with respect to Content that is related to the Goods, such as information, photographs, and videos of your Goods, for the purpose of marketing and promoting the Website. For example, for marketing and other purposes, Clearance Room will occasionally display your Content or listings on other sites, like Facebook, Twitter, and Pinterest. You agree that the licenses you grant us with respect to such Content are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. In order to participate in certain additional Clearance Room programs or features, Clearance Room may need additional rights with respect to your Content in order to provide such Clearance Room programs or features to you. Any such additional rights, if necessary, will be specified in a separate agreement between you and Clearance Room that you will have the right to review and approve. For example, if you participate in our program that enables interior designers to submit lifestyle imagery for inclusion in Clearance Room’s designer directory or editorial features, Clearance Room’s rights in such content will be set forth in a separate agreement.

You represent and warrant that you own or otherwise control or have a license to all necessary rights to the Content that you post or submit to Clearance Room for use on the Website and that you have sufficient rights to grant this license to such Content to Clearance Room without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. In addition, you agree that Clearance Room and its respective affiliates, successors, and assigns are not under any obligation of confidentiality with respect to any such Content and that by posting Content, other Users may re-post your Content on third-party websites.

Certain features of the Website allow you to share information with others, including through your social networks or other website where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Website with others through your Third Party Accounts, such as your social networks, you authorize Clearance Room to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “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, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper work of the Website.
fail to deliver payment for Goods purchased by you;
fail to deliver Goods purchased from you;
manipulate the price of any Good or interfere with other Users’ listings;
circumvent Clearance Room’s policies;
circumvent or manipulate our fee structure, the billing process, or fees owed to Clearance Room;

User Contributions

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must 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 conflict with these Terms and Conditions and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist in any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to service@Clearanceroom.com. It is the policy of the Company to terminate the user accounts of repeat infringers. Please include the following information in your notice:

Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

Changes to the Website

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

Privacy

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

Linking to the Website and Social Media Features

You may link to our 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 must 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.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions.

You agree to cooperate with us in immediately ceasing any unauthorized framing or linking. We reserve the right to withdraw permission to link without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website 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 Website, you do so entirely at your own risk and subject to the terms and conditions for such websites.

Termination

We reserve the right to not provide the Website or services to any person. We also reserve the right to terminate any user’s right to access the Website or services at any time, in our discretion. If you violate any of these Terms and Conditions, your permission to use the Website and services automatically terminates.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY 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, FITNESS FOR PARTICULAR PURPOSE, AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

Indemnification

To the maximum extent permitted by applicable law, 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, proceedings, demands, losses, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions , or your use of any information obtained from the Website. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Arbitration

Except as set forth below, you and we agree that we will resolve all existing, whether asserted or unasserted, and future disputes between us (including any such disputes between you and a third-party agent of ours, and any disputes that arose prior to your acceptance of these Terms) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the JAMS Consumer Arbitration Minimum Standards (the “JAMS Standards”). The arbitration will be heard and determined by a single arbitrator. The arbitrator, and not a court, shall determine any question of arbitrability of any claim and any question involving the scope of any arbitration. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law subject to any applicable limitation of liability, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court, which that party shall be permitted to pursue in the appropriate court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” Including a claim for “public injunctive relief” in any complaint shall not deprive the arbitrator of any right to hear and adjudicate all other claims in arbitration In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS STANDARDS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Commissions

Clearance Room will charge Vendors a commission for each sale in accordance with its then-current commission rate and payment structure, as found in the Clearance Rate Commission Plan. Clearance Room will deduct the amounts due for the commission from the amounts payable to Vendor for each transaction conducted through the Website. Clearance Room reserves the right to change its commission rates at any time upon notice to you. Such changes shall be effective for all listings of Goods on the Website as of the date provided in Clearance Room’s notice.

Payment Processing

Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services, not subject to the arbitration provision above, will be filed only in the state or federal courts located in Utah. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Your Comments and Concerns

This Website is operated by the Company.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: comments@clearanceroom.com.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.

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