Terms of Use
Welcome to Secondipity.com (the “Site”). By using the Site YOU AGREE TO BE BOUND BY THESE TERMS OF USE (the “Terms”), PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Site.
References to Secondipity herein refer to Secondipity.com, a marketplace operated by Liquidity Services Operations LLC, a wholly-owned subsidiary of Liquidity Services, Inc (“LSI”).
LSI reserves the right to make changes to the Site and the Terms at any time. Each time you use the Site, you should visit and review the then-current Terms and Privacy Policy that apply to your transactions and use of the Site. If you are dissatisfied with the Site, its content, or the Terms, you agree that your sole and exclusive remedy is to discontinue using the Site.
Intended for Users Over 18
The Site is intended for use by individuals 18 years of age or older. The Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use the Site.
Product Display/Colors
The Site attempts to display product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon what device you are using to view the Site.
Errors on Our Site
The availability of products and services are not guaranteed and are subject to change without notice. Errors will be corrected where discovered, and Secondipity reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Secondipity will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Secondipity's Return Policy.
Pricing Policy
All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Sales Tax Policy
Secondipity collects and remits sales tax as required by U.S. law for transactions on Secondipity.com.
Paying for Your Order
You may pay for your orders with PayPal®, Visa®, MasterCard®, American Express® and Discover® Card.
Generally, credit and debit cards are charged at the point of purchase. However, we may instead pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Secondipity reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Returning Online Purchases
You can return merchandise within 30 days of receipt by mailing the merchandise to our return center. Your only option is to receive a credit for your purchase. Please follow the instructions provided by our customer support team. Items returned via other means will take longer to process and freight charges will not be reimbursed by Secondipity to the customer.
Order Limitations/Limited Quantities
Secondipity may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Secondipity reserves the right to limit or prohibit sales to dealers.
Shipping
All orders placed on the Site are subject to product availability and will be shipped according to Secondipity's shipping policies. Title and risk of loss pass to you upon our transfer of the products to the carrier. In the rare event that your order never arrives, notification of such lost items must be received within 30 days from receipt of the shipping confirmation e-mail.
Termination of Use
Secondipity may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Secondipity reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Proprietary Rights
All content included on or comprising the Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") is protected by copyright, trademark, patent, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and LSI owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The Secondipity logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by LSI and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
By using the Site, you agree that any information (except for purchase information), materials, suggestions, ideas, or comments you send to Secondipity or any other third party using the Site is non-confidential. By submitting any solicited or unsolicited information using the Site, you grant Secondipity and LSI an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever to the extent permitted by law.
Right to Download
You may only download Content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark, and other proprietary notices contained in the material; do not modify or alter the material; and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame," or use the content of the Site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Secondipity. It is strictly prohibited to download the images of the products for sale on the Site.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act
If you believe that your copyrighted material may have been infringed, please contact LSI’s Legal Department with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LSI to locate the material.
- Information reasonably sufficient to permit LSI to contact the complaining party, such as an address, telephone number, and email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LSI’s Legal Department can be reached at:
Liquidity Services, Inc.
6931 Arlington Road, Suite 200
Bethesda, MD 20814
Attention: Legal Department
Email: legal@liquidityservices.com
For additional information regarding this procedure, please reference 17 USC 512.
Applicable Law
The laws of the State of Maryland will govern the Terms without giving effect to any principles or conflicts of laws. Any court action or proceeding arising out of or relating to the Site, the Terms, or the transactions or relationships contemplated by the Site or the Terms shall be brought in the applicable federal or state courts of the State of Maryland.
Links to Third-Party Web Sites
The Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the Secondipity trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.
Secondipity does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. Secondipity makes no representation or warranty as to any products or services offered on any Third-Party Site.
The terms of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use that apply to your use of the Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Privacy
Please review the Secondipity Privacy Policy for information on the privacy practices of the Site.
Security
If you use the Site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
The Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the Site are prohibited.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation; (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Secondipity, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You further agree not to use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Secondipity or generally publicly available browsers.
Warranties, Disclaimers and Limitation of Liability
LSI, Secondipity, and their affiliates warrant that certain merchandise sold on the Site may contain a limited warranty of merchantability and fitness for ordinary purpose, but that such warranty is disclaimed for any product in which the warranty is not proclaimed in the product description. Additionally, LSI warrants that it is authorized by the record title holder to sell the goods and that they are free of any liens or other encumbrances. Secondipity is not a manufacturer or an agent or distributor of any manufacturer. Buyers should look to the product manufacturer for all additional warranties, if any.
By using the site, you expressly agree that use of the site is at your sole risk. The site is provided on an "AS IS" and "as available" basis. Neither Secondipity nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the site will be uninterrupted or error-free. Neither LSI nor Secondipity nor their Associates warrant the accuracy, integrity or completeness of the content provided on the site or the products or services offered for sale on the site. Further, neither LSI nor Secondipity makes any representation that content provided on the site is applicable to, or appropriate for use in, locations outside of the United States.
SECONDIPITY AND LSI disclaim any warranty of fitness for a particular purpose. No oral advice or written information given by LSI, Secondipity or their Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall LSI, Secondipity or their Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the site, including but not limited to reliance by you on any information obtained from the site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of LSI or Secondipity has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the site. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Certain products (“Products”) that you may order or software or other materials ("Software") that you may download from the Site may be further subject to United States Export Controls. No Software from the Site may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download or export as follows: 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Software downloaded from the Site, you agree to abide by the applicable laws, rules and regulations — including, but not limited to the Export Administration Act and the Arms Export Control Act — and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.
These Terms of Use were last modified on October 1, 2021.