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MobileCloseouts.com Terms and Conditions

This page sets forth the "Terms and Conditions" under which you may use your MobileCloseouts.com account. Please read this page carefully, because it governs your use of your MobileCloseouts.com account. Your acceptance of these Terms is a condition of using your MobileCloseouts.com account. If you do not accept these Terms and Conditions, you are not authorized to use or place any orders with MobileCloseouts.com. By using your MobileCloseouts.com account, you are indicating your agreement to be bound by these Terms and Conditions, without modification. Wholesale Ventures. dba MobileCloseouts.com (the "Company") also referred to as ("Website") may revise these Terms and Conditions, in whole or in part, and at any time, or from time to time, by revising this page. All changes shall be effective upon publication of the revised page. These Terms and Conditions were last revised on December 1, 2010. If you use the Website after any revision of Company makes to these Terms and Conditions, you agree to be bound by the revised Terms and Conditions.

GENERAL USES OF THE WEBSITE: The Website may be used only for lawful and proper purposes. Provided that you fully comply with the provisions of these Terms and Conditions, the Company authorizes you to access and use the Website and any material on the Website, solely for your personal, noncommercial use. Actions that contravene these prohibitions or that otherwise compromise the security of the Website or the Company's system or network may result in civil or criminal liability. The Company will investigate suspected compromises of its security, and may take any action it deems necessary or appropriate in response to any act that is in contravention of these prohibitions or in response to any security compromise, and may cooperate with law enforcement authorities in prosecuting users who are involved in such compromises and/or violations including sharing information in the Company's possession with third parties.

THE COMPANY'S LIABILITY: Because user authentication on the internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be authenticate each user, you release the Company (and our agents and employees) from any and all claims, demands and damages (actual and consequential, direct and indirect) or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." We are under no legal obligation to, and generally do not, control the content or communications provided by others, which is made available through the Website. We expect that you will use caution and common sense when using the Website. The Materials may contain inaccuracies or topographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Materials. Your use of the Website and the Materials is at your own risk. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. Company does not represent or endorse the accuracy or reliability of any of the materials contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website, nor the quality of any products, information or other materials displayed purchases, or obtained by you as a result of any advertisement or other information or offer on or in connection with the Website (the "Products"). You hereby acknowledge that any reliance you place upon any Products shall be at your sole risk. Company reserves the right, at its sole discretion and without any obligation, to make changes to, or correct any error or omissions in any portion of the Website.

THE WEBSITE, THE MATERIALS AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIALS, THE PRODUCTS AND/OR ANY LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF COMPANY'S LIABILITY: The aggregate liability of the Company to you for all claims arising from the Website and/or the use of the Materials or Products shall not exceed $100.00.

TERMINATION: The company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to and immediate termination of your MobileCloseouts.com Account or liability to access the Website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Website.

YOUR INDEMNITY: You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, customers and clients from and against any claims, actions or demand, including without limitation reasonable attorney and accounting fees, resulting from or arising out of any content or communications you post or transmit through the Website, your use of the Website, the Materials or the Products, or your violation of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, action or demand and may, at the Company's sole discretion, assist you, at your expense, in its defense or settlement. In no event shall you settle any such claim, action or demand without the prior written approval of the Company.

GENERAL: The company makes no claims that the Website, the Materials and/or the Products may be lawfully accessed, viewed or downloaded outside of the United States. Any such use of the Website, the Material and/or the Products may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time. These Terms and Conditions are governed by law of the State of California, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Los Angeles, California for any claims arising out of or relating to your use of the Website, the Materials, the Products, and/or these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original, and the remainder of the agreement shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to your use of the Website, the Materials and/or the Products. No changes to these Terms and Conditions shall be made except by a revised positing on this page.

LICENSE TO USE THIS WEBSITE: Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this Website in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Website.

CHOICE OF LAW AND FORUM: This Website is controlled by the Company from its offices within the State of California, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Website. As each of these places has laws that may differ from the State of California, by accessing this Website, both you and the Company agree that the statues and laws of the State of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Website, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the State of California and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.