1. Ownership or Agent of Owner.
You are the legal owner or have permission from the legal owner to sell the items you are attempting to sell through Gizmogo. The sale and shipment of items to Gizmogo must comply with all applicable laws, including, but not limited to any regulations, statutes and local law, whether federal or state; the items must not be counterfeit, stolen or procured through fraud; and the items are free from any liens, encumbrances, claims, charges, security interests, and/or any third party, and any other restrictions or limtiations of any kind or nature whatsoever.
2. Shipping, Title and Risk of Loss.
All items you are attempting to sell to Gizmogo shall be shipped via ground shipping Free on Board (FOB) Destination, whereby you retain the risk of loss until the items reach the designated delivery location. Title and risk of loss or damage to the items shall pass to Gizmogo upon acceptance of the items in writing to you, subject to Gizmogo’s right to reject the items. Notwithstanding the foregoing, risk of loss of any items or deliveries shall remain with you unless and until Gizmogo accepts the items and/or deliveries in writing.
3. Inspection and Acceptance.
Gizmogo shall have the opportunity to inspect and verify that the items conform to your representations and/or Gizmogo’s requirements. Gizmogo shall either accept or reject items in writing within a reasonable period of time after the items arrive at the delivery location. Gizmogo shall have no obligation to pay for any items that are rejected. Gizmogo shall pay for shipping to return the items to you Free on Board (FOB) Shipping Point, whereby you retain the risk of loss when the items are shipped from Gizmogo.
4. Limitation of Liability.
Gizmogo shall not be responsible for any claims and/or losses that arise out of the following:
You provide items that different than identified, inaccurate labels, physical addresses, and/or payment or billing information;
You can provide conclusive evidence proving that Gizmogo received delivery the items at the delivery location;
Any act of Force Majeure, such as a strike or labor dispute, work stoppage, act of war or terrorism, Act of God, such as severe acts of nature, weather, including floods, fires earthquakes, hurricanes or other natural disaster, explosions, epidemics, or acts of governmental authorities.
To the fullest extent permitted by law, gizmogo, its officers, directors, employees, agents, and assigns, shall not be responsible or liable to you and/or any third party for any damages or losses of any kind arising from the use of any of our services, or from any information, content or other materials contained within or otherwise made available to you through our services, including, but not limited to lost profits, loss of private/personal data, loss of use, goodwill or reputation, personal injury, pain and suffering, emotional distress, or other intangible losses or any or any direct, indirect, consequential, exemplary, incidental, special or punitive damages, and whether cuased by tort (including negligence), breach of contract or otherwise, even if foreseeable. Notwithstanding anything to the contrary contained herein, gizmogo’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the valuation or offer price of the items you have offered to sell to gizmogo, but in no case will gizmogo’s liability to you exceed $100. Any transactions, communications or other dealings you have with third parties found on or through the website are solely between you and the third party. Gizmogo makes no representations or warranties with respect to such third-party services, and shall not be responsible nor liable for or in connection with any such third-party transactions, communications or other dealings. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to you. you shall indemnify, defend and hold gizmogo harmless from any such claims by any third parties.