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			Terms of Use

Introduction
Welcome to B-Stock Solutions' Liquidation site for Macy's. These Terms of Use are an ongoing contract between you and B-Stock Solutions, Inc. ("B-Stock" or "we") and apply to your use of B-Stock Solutions’ online liquidations website located at http://www.bstockauction.com (the "Site"), hosted and configured by B-Stock, through which you may purchase inventory products from Macys(the “Services”). Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Site. B-Stock reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you have established a username and password to access the Site and are 18 years of age or older. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information will constitute a breach of these Terms of Use. By placing a bid on the site you are entering into a binding contract. All bids are active until the listing ends. If you win a listing, you’re obligated to purchase the items in the listing. In addition, by placing a bid, you agree and acknowledge that we are permitted to share your information, including without limitation information about your winning bids, with Macys and our other vendors, partners and suppliers. Upon winning, you agree and acknowledge that you will be liable for a sum that includes your winning bid amount and any applicable taxes.

All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of B-Stock or its respective suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a resource for choosing inventory products for purchase and purchasing such products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited
You agree to use the Site and any Services at your sole risk and acknowledge that B-Stock, Macys and their respective affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. B-Stock will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from B-Stock on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox and Microsoft Explorer).

Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Copyrights and Trademarks
Unless otherwise noted, all Contents include copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by B-Stock or Macys, one of its affiliates or by third parties who have licensed their materials to B-Stock or Macys and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of B-Stock and is also protected by U.S. and international copyright laws.
B-Stock and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of B-Stock's or any third party's intellectual property rights.

The Macys names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Macys, Inc. The B-Stock name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of B-Stock Solutions, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply B-Stock's endorsement, sponsorship or recommendation of the third party, information, product or service. B-Stock is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to B-Stock Solutions in connection with your use of this Site and the Services (collectively, the "Comments") shall be and remain B-Stock's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to B-Stock of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, B-Stock will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. B-Stock will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. B-Stock is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to B-Stock will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.

Indemnification
You agree to defend, indemnify and hold harmless B-Stock, its affiliates, directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site of the Services, or any breach by you of these Terms of Use or any Terms of Purchase. B-Stock shall have the right to participate in any such cause of action, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, B-Stock, financial or otherwise, without B-Stock’s written consent.

Termination
These Terms of Use are effective unless and until terminated by either you or B-Stock. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. B-Stock also may terminate these Terms of Use at any time and may do so immediately without notice, and/or may deny you access to the Site, in B-Stock's sole discretion. Upon any termination of these Terms of Use by either you or B-Stock, you must promptly destroy all materials downloaded or otherwise copied from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. B-Stock's right to any Comments shall survive any termination of these Terms of Use. The sections labeled "Indemnification," "Limitation of Liability" and "General" shall survive any termination of these Terms of Use.

Disclaimer
THIS SITE AND THE SERVICES ARE PROVIDED BY B-STOCK ON AN "AS IS" AND "AS AVAILABLE" BASIS. B-STOCK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR INVENTORY PRODUCTS OFFERED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, B-STOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, B-STOCK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY INVENTORY PRODUCTS OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL B-STOCK, MACYS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF B-STOCK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL B-STOCK BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General

These Terms of Use, the Privacy Policy and the Terms of Purchase represent the complete agreement between the parties and supersede all prior agreements and representations between the parties regarding use of the Site. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of B-Stock to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit B-Stock's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.
Changes to the Terms of Use

These Terms of Use were last updated on September 18, 2009. Please check our Terms of Use periodically for changes.
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