FireSale Buyer Agreement

This FireSale Buyer Agreement governs any purchases you make through the Unified Protection System ("UPS") FireSale. PLEASE READ THIS FIRESALE BUYER AGREEMENT CAREFULLY. YOU MUST AGREE TO THESE TERMS IN ORDER TO USE THE FIRESALE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE FIRESALE. Click here to read our website Terms and Conditions.

Agreement to UPS's Terms of Use and Privacy Policy.
The terms of this FireSale Buyer Agreement are in addition to and supplement UPS's Terms of Use and Privacy Policy that you agreed to upon creating your myAccount.

Making FireSale Purchases.
provides the FireSale as a location for buyers to locate and purchase new and used products from sellers that are independent of UPS. When you make a purchase through the FireSale, you are purchasing the product from the independent seller and not from UPS. You agree that UPS is not an agent for you or for the seller and has no authority to act on your or on a seller's behalf. UPS reserves the right to change any of the terms and conditions contained in this FireSale Buyer Agreement or any policies or rules governing the FireSale at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised FireSale Buyer Agreement or such policies and rules on the UPS site. Material changes to the FireSale Buyer Agreement shall be accompanied with a 30 day notice on the FireSale area of the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the FireSale Buyer Agreement. YOUR CONTINUED USE OF THE FIRESALE FOLLOWING ANY SUCH REVISIONS TO THE FIRESALE BUYER AGREEMENT OR SUCH POLICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE FIRESALE AND ASSOCIATED SERVICES.

Shipment.
Shipment of the products you purchase in the FireSale are made by the seller and not UPS. You agree that UPS has no obligation to ship to you any product you purchase in the FireSale. You agree that UPS may provide to the seller your address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.

Privacy.
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT UPS SHALL PROVIDE SELLERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR "SHIP TO" INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT UPS SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER. You may receive access to certain information concerning other FireSale users when you use the FireSale. You hereby represent, warrant and agree (a) not to use any information regarding other FireSale users which is accessible from the FireSale or that may be disclosed to you by UPS, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct UPS deems unacceptable or objectionable.

Payment.
When you make a purchase through the FireSale, the seller will contact you directly to provide payment instructions. UPS does not act as an intermediary in any way for payment of your purchase.

Taxes.
You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your FireSale purchase. You are responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that UPS has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold UPS and each seller harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.

Changing or Cancelling FireSale Orders.
Once you have placed an order for a product in the FireSale, seller will be handling all aspects of the order process. UPS will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller's contact information can be found in your order detail located in your myAccount or in the email we sent to you confirming your order.

FireSale Customer Service.
UPS does not provide any customer support for any purchase you make through the FireSale, and you agree that UPS is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller's contact information can be found in your order detail located in your myAccount or in the email we sent to you confirming your order.

FireSale Returns.
You may not make any returns to UPS of products you purchase in the FireSale. You must contact the seller for any product returns that you wish to make. The seller's contact information can be found in your order detail located in your myAccount or in the email we sent to you confirming your order.

FireSale Feedback.
You agree that feedback you provide concerning FireSale sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that UPS may publicly post your feedback without any payment or other obligation to you. You agree that UPS may edit your feedback in any way that UPS sees fit and that UPS may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.

Use of FireSale.
You hereby represent and warrant that your use of the FireSale will comply with applicable laws, ordinances and regulations. UPS may exclude any buyer, including you, from making purchases in the FireSale at any time and for any reason.

Dispute Resolution Steps, FireSale Guarantee and Refunds.
If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the FireSale, you must contact the seller directly to attempt to resolve the problem. The seller's contact information can be found in your order detail located in your myAccount or in the email we sent to you confirming your order. UPS will not mediate disputes or contact sellers on your behalf.

UPS IS NOT THE SELLER/MERCHANT OF ANY OF THE GOODS OR SERVICES ON THE FIRESALE.

Indemnity.
You agree to indemnify, defend and hold harmless UPS and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of any provision of this FireSale Buyer Agreement, or your violation of any law, regulation or third-party right.

RELEASE.
IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE FIRESALE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE FIRESALE, YOU HEREBY RELEASE UPS AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.

YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT BY CREATING A myAccount. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED BY ANY LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES, OR PRINCIPLE OF COMMON LAW, WHICH IS SIMILAR, COMPARABLE, OR EQUIVALENT TO THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN [YOUR] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY [YOU] MUST HAVE MATERIALLY AFFECTED [YOUR] SETTLEMENT WITH THE DEBTOR [RELEASEES]."

WARRANTY DISCLAIMER.
THE UPS FIRESALE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." UPS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE UPS FIRESALE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE UPS FIRESALE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE FIRESALE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL UPS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS FIRESALE BUYER AGREEMENT, YOUR USE OF THE UPS FIRESALE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE FIRESALE, ANY DELAY OR INABILITY TO USE THE UPS FIRESALE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE UPS FIRESALE, OR OTHERWISE ARISING OUT OF THE USE OF THE UPS FIRESALE OR THE UPS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF UPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS FIRESALE BUYER AGREEMENT, THE MAXIMUM LIABILITY THAT UPS SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALLY RECEIVED BY UPS IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE FIRESALE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF UPS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS FIRESALE BUYER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

General.
No delay or failure by UPS to take action under this FireSale Buyer Agreement shall constitute any waiver by UPS of any provision of this FireSale Buyer Agreement. If any provision of this FireSale Buyer Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this FireSale Buyer Agreement will continue in full force and effect. This FireSale Buyer Agreement will bind and inure to the benefit of UPS's successors and assigns. Any claim under this FireSale Buyer Agreement must be brought within one (1) year after the cause of action arises. This FireSale Buyer Agreement shall be governed by the laws of the State of Utah without regard to or application of any conflict of laws provisions. You agree that the sole and exclusive venue and jurisdiction for any action arising out of this FireSale Buyer Agreement shall be the state and federal courts sitting in Utah County, in the State of Utah. This FireSale Buyer Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this FireSale Buyer Agreement shall be null and void. UPS may freely assign this FireSale Buyer Agreement without consent or notice. This FireSale Buyer Agreement constitutes the complete and exclusive agreement between UPS and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

This FireSale Buyer Agreement was last modified on: Sept 4, 2010