Consignor Terms And Conditions

These Consignor Terms create a contract between you and Resell Rack Inc. (“Resell Rack”) if you supply goods to Resell Rack. Our Terms of Use, which address your dispute resolution rights, are incorporated by reference.

How It Works

Resell Rack inspects the items you send to us or that we have collected from you in order to list your accepted items for sale through our services (collectively, the “Property”). We will inform ypu whether any of your items have been accepted for sale on our services. Resell Rack re- serves the right to purchase your items before they are listed.

Acceptance Conditions

Resell Rack only accepts items that meet our strict acceptance standards. Each item will be evaluated to determine, in our sole discretion, whether the item: (a) is in excellent, new or like-new condition, and if needed, that has been freshly laundered and completed dried; (b) is free from stains, pilling, holes, odor, and any other signs of excess wear; (c) is in-season and on trend; and (d) is authentic; and (e) for which the representations and warranties you make in the “Your Representations, Warranties, and Indemnification” section below are true. Learn more about our acceptance conditions here.

Returns

You may choose to add Return Assurance if you select Return Assurance, Resell Rack will return items that we do not accept to your address on file. If you don’t want the items. You can send us a letter at info@resellrack.com to inform us of your intention within 14 days. Other- wise, the “property” becomes our property.

Unacceptable Items Become Property of Resell Rack

If Return Assurance is not selected, any unacceptable items will immediately and irrevocably become Property of Resell Rack and will not be returned. Resell Rack reserves the right to sell unaccepted items to third-party textile recyclers or through its other proprietary commerical channels without any obligation to compensate you for unacceptable items. IF YOU DO NOT AGREE TO THE FORGOING, PLEASE SELECT RETURN ASSURANCE.

Your Representations, Warranties, AND Indemnification

You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectu- al property or other proprietary right of any third party, any state or federal law, or any administrative regulation.

Listing Prices

Listing prices are determined by many factors, including the estimated retail price, brand, seasonality, and quality of each item. Resell Rack researches fashion markets to compare pricing of all items minus depreci- ation values before determining a payout estimate.

ADJUSTMENTS. Once your item is listed, you can change the listing price of your item within a 12-hour editing-window before it’s open for bids (If your item does not get a bid, it will be listed on the site and available for you to adjust the listing price again unless it is reserved in someone’s cart or sells. You may not increase the price more than 80% of the estimated retail price set by Resell Rack.

Any adjustments made to the listing price may affect the payout amount you receive if your item sells.

PayOuts

Once your item is sold and the buyer keeps the item beyound the eligible return period, you’ll receive your payout in your account. Your payout will be based on the final selling price excluding multiple distribution center fees buyers may incur. You may cash out as soon as the 14 day return window has passed. However, if the item is returned, your con- signment window will start where it left off so that your item has more time to sell, and you will be paid out as soon as the item sells for the second time.

PayOuts may be adjusted accordingly if your item is bid on or purchased using a discount offer. Payout calculations may be subject to change from time to time without notice.

Purchases And Pricing

In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining col- lection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Resell Rack will store and update (e.g. upon expiration) your payment method on file. If you choose to use a third party payment service offered by Resell Rack, such as PayPal or Afterpay, you are subject to their terms of use and privacy policies.

Our inventory availability and listing prices are subject to change at any time without notice. Pricing for items from non-local distribution centers may include a surcharge to cover additional localization and logistics costs. In order to maximize the selection of items available for sale, Resell Rack reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains other materials that you have provided to or stored in your TPS account. You can revoke our access to any account at any time by disconnecting your TPS account via your Resell Rack account.

Please remember that the manner in which a TPS uses, stores and discloses your infor- mation is governed solely by the policies of such TPS and Resell Rack shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.

If you choose to register an account with Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one ac- count for the Services and are prohibited from using alter egos or other disguised identi- ties when using the Services.

You also represent and warrant that you (a) have not previously been suspended or re- moved from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Resell Rack reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

Authenticity

Resell Rack prohibits the sale of counterfeit apparel and compiles with all applicable laws pertaining to the trafficking of counterfeit apparel. Resell Rack’s authentication process is in-house and independent and if Resell Rack cannot verify the authenticity of an item or does not meet the authencity standard, it will not be listed regardless of its condition and Resell Rack services the right to destroy apparel it deems to be counterfeit in the accordance with applicable laws. If Return Assurance was added your items will returned accordingly.

Brands sold on the website are not partnered or affiliated with Resell Rack in any manner. However, Resell Rack fully cooperates with brands seeking to track down the source of coun- terfeit items, which includes revealing the contact informaton of consignors submitting coun- terfeit goods. Please see our Acceptance and Quality Standards for more information.

International Customs, Duties and Taxes

You are responsible for assuring that our products can be lawfully imported to your desti- nation country. International orders (shipped to countries outside of the United States) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of the customer. We have no control over these charges and can’t predict what they may be. Custom fees and policies are different from country to coun- try and can change regularly. You should contact your local customs office for further infor- mation. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates.

Shipping times for international orders can vary, but we would recommend that you allow at least 2-3 weeks for orders from the time it leaves the US for you to receive it. There may be some cases when packages are delivered outside of the listed estimated timeframe. Please note international orders that are canceled after the order is shipped will not be refunded.

When we receive your returned items, you will be deemed to have rejected the items and titled the property to us. We will assume that you have chosen to keep any items that you do not postmark back to us by the Return Date and will charge your credit card or other autho- rized payment (including shopping credit) method for those items. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Resell Rack, items postmarked after the Return Date may be subject to a late fee.

Since all of our items are unique, we cannot provide exact pricing before your personal style box is curated; however, you will be able to see the price of each item when your box arrives. Except as expressly stated, discounts and promotions may not be applied to Style- FixxMe boxes.

For more information on StyleFixxMe boxes, please contact us at info@resellrack.com.

Comparison Pricing

ESTIMATED RETAIL PRICING FOR SECONDHAND ITEMS, We conduct extensive

research on all items to determine original retail price by looking for the exact or comparable item of the same quality, construction, material offered elsewhere in new condition. If more than one price is determined, we average the pricing for the secondhand item, the highest-priced strikethrough price referenced above and lower-priced strikethrough price rep- resents the original listed price on Resell Rack. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference pric- es are set by an experienced team of research merchants who monitor market prices, trends and brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

Privacy and Data Retention

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our services.

Resell Rack will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Resell Rack will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Resell Rack deems necessary to satisfy any applicable law, regulation, legal process or gov- ernmental request.

License Grant

Resell Rack operates one or more websites and related mobile applications where the Services can be assessed (collectively, the “Website”). The website contains data, text, graphics, pho- tographs, graphs, sounds, images, audio, page headers, software (including HTMLand other scripts), buttons, video and other icons, all of which are arranged and compiled (all of the above “information”), and which is either owned or licensed by the company.

Your use of this website and access to the information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. You are hereby granted a non-transferablem non-sublicensable, limited, re- vocable, right and license to access and make use of the website for your own exclusive benefit and soley for the purposes intended by the website.

Account Registration

In order to use the Services, you must register an account with Resell Rack directly or through an authorized third party service (each, a “TPS”) such as Amazon, Google or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at anytime by disconnecting your TPS account via Resell Rack account.

Changes

We may revise these Terms, our Privacy Policy, our policies, and the Services at any time. Your use of the Services following any change constitutes your agreement to fol- low and be bound to these Terms and Privacy Policy as revised. We will always post the most current version. Terms of Use. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account.

You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. Any changes or modifications to our Services and pol- icies including but not limited to. Terms of Use, Privacy Policy, Seller Terms, Gift Card

Terms, will be effective upon posting of the revisions.Your continued use of the Services after the date of any such changes or modifications will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions. Please regularly check Terms of Use to view the then-current Terms.

Product Descriptions

While we attempt to be as accurate as possible, Resell Rack does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or stule will be accurate. If a product offered by Resell Rack is not as described, your sole remedy is to return it in unused condition.

StyleFixxMe Boxes

When you request a StyleFixxMe Box – a collecton of clothing styled by our personal stylist customized for you from our Resell Rack inventory it constitutes an offer to pur- chase the items provided in the box. StyleFixxMe is a subsidary of Resell Rack Inc. a private company organized to assemble the style boxes and provide personal styling and organization services. We may accept your offer by processing your non-refundable de- posit. StyleFixxMe boxes may be shipped to only U.S. addresses at this time.

We will charge you a non-refundable deposit to your credit card or other authorized pay- ment methods when you request a StyleFixxMe box. For the items you choose to keep, the non-refundable deposit will be credited towards the purchase price of those items.

The risk of loss for the items in your StyleFixxMe box passes to you when we deliver the items to the carrier.

You may return any items provided in your StyleFixxMe Box by mailing them back to us with the shipping label provided in the box. Any items you return must be postmarked no later than seven (7) days after you receive your box (“Return Date”). Items must be returned in the same condition in which you receive them (e.g. “New with Tags” or “New In Box”) items must be returned with the original tags still attached). You will retain title to the items in your box and risk of loss of the items will remain with you until we receive the returned items and we determine tthat the items were returned in the same condition.

Return and Refund Policy

Except as otherwise stated, you have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of Resell Rack online shopping credit or in your oiginal form of payment. If you choose to receive a refund in your original form of payment. If you choose to receive Resell Rack shopping credit, Resell Rack will provide you with a prepaid return label. However, cus- tomers initiating more than one return per month will be responsible for the cost of re- turn shipping, items purchased with Resell Rack shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items.

Please note that we will only offer credit or a refund for items if they are returned to Re- sell Rack on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited.

Handbags and final sale items are non-returnable. However, we do guarantee the quality and authencity of handbags. If you have questions regarding a handbag or final sale item that was purchased please visit info@ResellRack.com

We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our customer service by email at info@resellrack.com so that we can help re- solve the issue.

Restocking Fees

In order to keep prices low, certain items may be subject to restocking fees in addition to any applicable return shipping fees. If an item is subject to a restocking fee, we will clearly display the restocking fee in the item Details section as well as in the returns process.

Feedback and User Content

In the event that you provide us any ideas, thoughts, criticisms, suggested improve- ments or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the feedback to: (a) improve our services or any products and (b) promote the Services and products, and that you will not be due any compensation for your feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the feedback in any form, media, or technology, wheth- er now known or hereafter developed and to allow others to do the same. This is true whether you provide the feedback on the Services or through any other method of com- munication with us, unless we have entered into a separate agreement with you that provides otherwise. By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”) so long as the User Conten is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights ( including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commerical solicitation, chain letters, mass mailing, or any form of “spam” or unsolicited commerical electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Re- sell Rack if Resell Rack should choose to use the User Content. Resell Rack shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commerical or oth- erwise, without acknowledgment or compensation to you. If Resell Rack does include your User Content, or any part thereof, you are deemed to have granted Resell Rack a nonexclusive, royalty free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reprodue, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

Reclaiming Accepted Items

You may first reclaim an item 7 days after the item is listed through our Services or other third party platforms. If your item doesn’t sell within its listing window, you may reclaim your item within 14 days after teh consignment period ends. After 14 days, the item beccomes the property of Resell Rack.

Title of Property

You will continue to own and have title to each item of Property that we have accepted until that item is “sold”. An acceptable item will be considered sold when: (a) Resell Rack buys your item and (b) an item is sold by Resell Rack to a customer and not re- turned to Resell Rack within the then-current return window.

Counterfeit and Stolen Item

You acknowledge and understand that Resell Rack is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applica- ble law. Resell Rack fully cooperates with law enforcement and brands seeking to track down the source of counterfeit items.

You are responsible for ensuring the authenticity of all Property you provide to us. Resell Rack’s authentication process is proprietary and independent. If Resell Rack cannot verify the authenticity of an item or does not meet our authenticity standards, we reserve the right in our sole discretion to refuse to accept the item, Resell Rack reserves the right to destroy ap- parel it deems to be counterfeit in accordance with applicable laws, YOU ACKNOWLEDGE AND AGREE THAT ANY ITEM DETERMINED BY RESELL RACK TO BE BE COUN- TERFEIT WILL NOT BE RETURNED TO YOU AND WILL BE DESTROYED UNLESS

RETURN ASSURANCE IS SELECTED. Please see our Acceptance and Quality Standards for more information.

PayOut and Other Disputes

If there is a dispute between you and Resell Rack, Resell Rack will have no obligation to pay any payout or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Resell Rack may withhold any payout earnings due to you (including any due for sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to Resell Rack.

Items Listed On Third-Party Platforms

Resell Rack reserves the right to list and sell any items on third-party platforms (including oneline auctions, omnichannel retail partners and other relevant distribution channels). Any seller payouts for items sold on third-party platforms will be consistent with our published payout schedule regardless of whether any additional fees are charged to the end buyer.

Donations

Resell Rack may offer you the option to elect to donate the contents of your box or bag to lo- cal shelters or donate $5 in your behalf to Feeding America.org. By electing to donate to one of our active charities, you authorize Resell Rack and/or its affiliates to receive your donation on behalf of the charity partner. At its discretion, Resell Rack may elect to purchase

At its discretion, Resell Rack may elect to purchase the contents of your box or bag for a flat fee of $5.00 USD per bag/or box from the charity partner. The charity partner will receive 100% of these proceeds. You will not receive a payout for items in box/bag. How- ever, you will receive a donation tax receipt from the charity partner.

Resell Rack frequently updates its charity partner relationships. In order to guarantee that your donation bag/box will be assigned to your preferred charity, please return it within 90 days of receipt. After this time period lapses, Resell Rack reserves the right to assign your donation bag/box to any one of its then-current charity partners, in its discretion. For addi- onal information on donations, please visit our Donations Page.

Electronics Communications

By creating an account, you agree that you may receive communicatons from Resell Rack, including, but not limited to, newsletters, promotions, special offers, account reminders and updates.

When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other commuications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service de- partment at info@retailrack.com

Right To Access

The Services are not targeted towards, nor intended for use by, anyone under the age of

  1. For example, Resell Rack does sale products for children, but it sales them to adults, who can purchase with a credit card or other permitted payment method. In order to be a consignor, the independent contractor must be of legal age to sale items online. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 16 years of age or older. If you’re not at least 16 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our sites unless you are at least 18 years of age.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BIND- ING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their DISPUTES by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any DISPUTES with us, you agree to give up your right to go to court to assert or defend your rights under this AGREEMENT and with respect to any DISPUTE, You and Resell Rack expressly delegate to the arbitrator the authority to determine the arbitrability of any DISPUTE, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of the Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the bene- fit of all parties.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advance written notice of its intent to file for arbitration. Resell Rack will provide such notice by email to your email address on file with Resell Rack and you must pro- vide such notice by email to info@resellrack.com. During such 60 day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitra- tion.

Dispute Resolution: Binding Arbitration;Class Action Waiver

INFORMAL DISPUTE RESOLUTION

In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our Support Center. If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these TERMS or any part of it (“Dispute”), the party asserting the DISPUTE shall first try in good faith to settle such DISPUTE by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the DISPUTE. Notice shall be sent:

  1. Resell Rack

880 Marietta HWY., Suite 630

Roswell, GA 30075

OR

  1. to you at: your last used billing address or the billing and/or shipping address in your online

You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Gift Cards

You may purchase Resell Rack gift cards through the Services (“Gift Cards”) via the website or other methods offered. Your purchase, use or acceptance of any Gift Card con- stitutes acceptance of the Gift Card Terms. The Gift Card Terms constitute a contractual agreement between you and Resell Rack, which is the issuer and sole legal obligor of the Gift Cards.

Gift Cards can be redeemed soley for merchandise through our website and are not re- fundable or redeemable for cash except to the extent required by law. Risk of Loss and title for Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or Resell Rack delivery to the carrier, whichever is applicable.

Resell Rack is not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. Resell Rack reserves the right to close accounts or request alterna- tive forms of payment if a Gift Card is fraudulently obtained or used. For complete terms and conditions applicable to the Gift Cards, please visit Gift Card Terms.

Lasted Updated: May 9, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SER- VICES.

Resell Rack is an apparel resale marketplace, offering a convenient option for shopping and selling quality secondhand women’s, men’s, youth clothing, shoes and accessories. The following Terms of Use constitute a legally binding agreement (the “Terms”) be- tween you and Resell Rack and its affiliates (“Resell Rack,” “we” “us” or “our”) govern- ing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Seller Terms and Privacy Policy, which describes how we use the information- you provide Resell Rack. The Seller Terms and Privacy Policy are both incorporated into these these Terms by reference,

Please read these terms of use carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you had read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any products.

THESE TERMS govern how claims you and Resell Rack have against each other can be brought and will require you to submit claims you have against Resell Rack to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

The website includes, www.resellrack.com which pulls User Content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, Resell Rack, or tagging the @TheResellRack account. You acknowledge and agree that the User Content may be used by Resell Rack, for marketing purposes, includ- ing without limitation, email, social media, direct mail, etc. or on any sites Resell Rack

owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association witth the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.

You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without lim- itation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Resell Rack, its shareholders, officers and em- ployees and consultants for all claims and action made or brought by a third party resulting from Company’s use of your User Content.

PROVIDED BY RESELL RACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UN- LESS OTHERWISE SPECIFIED IN WRITING. RESELL RACK MAKES NO REPRE- SENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATE- RIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMIS- SIBLE BY APPLICABLE LAW, RESELL RACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRAN- TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONIN- FRINGEMENT AND ANY AND ALL WARRANITIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. RESELL RACK DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUD- ING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SERVICES, RESELL RACK’S SERVERS OR ELEC- TRONIC COMMUNCIATIONS SENT FROM RESELL RACK ARE FREE OF VIRUSES OR OTEHR HARMFUL COMPONENTS.

RESELL RACK IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (IN- CLUDING WITHOUT LIMITATION THE STYLEFIXXME BOX) OR FROM ANY IN- FORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRAN- TIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLU- SIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITAITONS AND EXCLUSIONS ARE EN- FORCEABLE UNDER GEORGIA LAW.