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Terms of Use

The following describes the terms on which YouBulkit offers you access to our services only.  For product return policy information, please review the product policies for the affiliated product category before making a purchase. For items in The New Product Category, review New Products Policy. For items in The Garage Category, review The Garage Product Policy.

Introduction

Welcome to YouBulkit. By using YouBulkit, you agree to the following terms with YouBulkit, LLC and the general principles for the website. This Agreement is effective on April 1, 2012, for current users, and upon acceptance for new users.

Scope

Before you may become a member of YouBulkit, you must read and accept all of the terms in, and linked to, this User Agreement and the YouBulkit Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the YouBulkit site or services.

Using YouBulkit

While using the YouBulkit site, services and tools, you will not: violate any laws, third party rights or our policies, legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools; fail to deliver payment for items purchased by you; distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm YouBulkit, or the interests or property of YouBulkit users; copy, modify or distribute rights or content from the YouBulkit sites, service or tools or YouBulkit’s copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing YouBulkit

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our site and content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Warranty

The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. YouBulkit, LLC expressly disclaims any duty to update or revise the materials on the Sites, although YouBulkit, LLC may modify the materials at any time without notice. Your use of the site is at your sole risk, and you assume full responsibility for any costs associated with your use of the site. YouBulkit, LLC shall not be liable for any damages of any kind related to your use of the site.

Limitation of Liability

You will not hold YouBulkit responsible for other users' content, actions or inactions. You acknowledge that we are not a traditional website. Instead, our site is a venue to allow anyone to buy just about anything at anytime using our discount formats.

We do not transfer legal ownership of items for the buyer; and carry no obligation to do so. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services and or tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Accessibility

While we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we are committed to making the YouBulkit shopping experience available to all our customers, including those with disabilities, and have designed this site with accessibility in mind. You can help. If you notice any content, feature or functionality of the site that is not accessible to people with disabilities, please email us through our Contact Us page with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and YouBulkit, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YouBulkit agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page with the word “Dispute” in the subject line and provide a description of the specific issue. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Legal Disputes

    This Agreement shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against YouBulkit must be resolved exclusively by a state or federal court located in Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.
  • Arbitration Option

    For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims

    All claims you bring against YouBulkit must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, YouBulkit may recover attorneys' fees and costs up to $1000, provided that YouBulkit has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

YouBulkit, LLC is located at P.O. Box 382 Tinley Park, IL 60477. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you by email using the email address used for registration. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, ”writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.