Terms and Conditions

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

These terms and conditions (these “Terms”) apply to the services, sale and purchase of products by and through Your Turn LLC (“Services”) or use of the website: www.yourturnsale.com (the “Site”). These Terms are subject to change by Your Turn LLC and its affiliates (the “Company”, which may be referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms using this Site or further using the Services. Your continued use of the Services or the Site after a posted change in these Terms will constitute your re-acceptance of and agreement with such changes.

These Terms are an integral part of the Services and the Site and, along with our Privacy Policy, the terms of which are hereby incorporated herein, and apply generally to the use of the Site.

1. Registration, Listing and Posting.

A. Eligibility. By accepting the Services or using the Site, you represent that you are at least 18 years of age and lawfully allowed accept the Services and to access to the Site (“User”).

B. Termination and Suspension. You agree to use and access the Site only as authorized in accordance with these Terms. We may suspend or terminate the Services or your ability to use the Site in our sole discretion, with or without cause, at any time, without prior notice to you.

C. Third Party Sites. This Site may contain links to outside, third-party sites and/or advertisements. We are not responsible for and you agree that we have no liability for the practices or privacy of any such third-party. We recommend reviewing any such privacy policy and terms and conditions of any third-party Site you visit.

D. Prohibited Uses of the Site.

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

  • In any way that violates any applicable federal, state, local or international law or regulation;
  • 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);

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other User’s use of the Site;

Page 1 of 5

  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

2. Services.

Company may provide to You certain Services including, but not limited to, marketing and selling your personal property and making available to You for purchase the personal property of others.

AT NO TIME IS COMPANY THE OWNER OF ANY PERSONAL PROPERTY MADE AVAILABLE FOR SALE.

Company will withhold a fee of 30% on items sold through sales, including but not limited to website, online, or in person sales.

Company may make available to You totes as part of the Services. Company may require you to pay a deposit and pay a fee for use of the totes. You agree to return the totes in the same condition as when you took possession of them. Company may charge you a reasonable fee, not to exceed $15.00 per week, per tote, until the tote is returned. Upon return of the totes, Company will refund to you the deposit, less any about to cover damage to the totes (less normal wear and tear).

If You are making Personal property available to Company for sale, you represent and warrant that you have the lawful right to make such Personal property available to Company and for Company to sell such Personal property.

If You are purchasing Personal property through the Services, You agree that Company is NOT the owner of the Personal property and makes available to You the Personal property without any warranty of any kind, pursuant to Section 4 below. ALL SALES ARE FINAL AND COMPANY DOES NOT ACCEPT RETURNS OF PERSONAL PROPERTY FOR ANY REASON.

3. Intellectual Property.

A. The Services and the Site and their entire contents (including but not limited to all marketing materials, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“IP”) are owned or licensed by Company, its licensors or other providers and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Any use of our Site not expressly permitted within these Terms is not permitted, is a breach of these Terms, and may violate intellectual property, copyright, trademark or other laws. You may not reproduce, distribute, modify, create

Page 2 of 5

derivative works of, publically display, publically perform, republish, download, store or transmit any content or materials on the Site without our written permission.

B. Use. Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any IP or material on the Site, except as follows:

  • You may print or download one copy of a reasonable number of pages of the Site, such as a receipt of sale or reservation, for your own personal, non-commercial use and not for further reproduction, publication or distribution;

Users may not:

  • Modify or make copies of any IP;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from IP or copies of materials from the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

C. Trademarks. “Your Turn LLC”, and all other related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates, partners or licensors. You may not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of such companies and the owners thereof and we do not convey to you any license or rights of use. You agree that, and assign to us, any existing or future work product, derivative works and feedback concerning the Site and its contents is the property of the Company.

4. Disclaimer of all Warranties. YOUR USE OF THE SERVICES OR THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR THE SITE, INCLUDING ITS CONTENT, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE

Page 3 of 5

ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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 AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5. Limitation of Liability. EXCEPT FOR COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, 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 Services or the SITE, , 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. COMPANY IS NOT LIABLE TO THE GREATEST EXTENT ALLOWED BY LAW. TO THE EXTENT COMPANY IS LIABLE TO YOU, THE TOTAL LIABILITY IS LIMITED TO $50.00.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Notices.

A. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provided to us, (ii) sending a letter to you via US mail and to the address you have provided to us, or (iii) by posting it to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your address and email address current.

B. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to 4745 Harbor Lane N, Plymouth, MN, 55446. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

7. Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms or the Company are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the

Page 4 of 5

State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota. You consent to the jurisdiction and venue of the state courts located in Hennepin County or in the United States District Court located therein, and irrevocably waive, to the fullest extent permitted by applicable Law, any objection that it may now or may later have to the personal jurisdiction and venue of these courts such court and to any claim of inconvenient forum.

8. General.

A. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

B. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

C. Liability. At no time is company responsible for Fire / Loss / Theft / Damage to consignees items.

D. Indemnification. You agree to defend, indemnify and hold harmless 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, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or the Site, including, but not limited to, your use of the Site’s content, services and items other than as expressly authorized in these Terms or your use of any information obtained from the Site.

E. Electronic Acceptance. Your use of the Site or your use of the Services is your electronic acceptance of these Terms and shall constitute your acceptance of all terms and conditions, including any and all updates of these Terms. Such acceptance shall have the same legal force and effect as if you had physically signed these Terms. You agree to the admissibility of all computer records and/or electronic evidence in any dispute under these Terms.

F. Independent Contractors. You and Company are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by these Terms.

G. Entire Agreement. These Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and Company on the matters contained herein.

Signature:______________________________________________ Date: ________________ Print Name:_____________________________________________
Email Address:__________________________________________
Phone #:_______________________________