The website WebThriftStore.com (the "Site") is brought to you by WebThriftStore, Inc. ("Company," "WebThriftStore," "we," "us," or "our"). These terms of use ("Terms and Conditions" or "Agreement") set forth the "terms and conditions" which govern your use of the Site and of the services and features made available on or through the Site (collectively, the "Services"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY AND GOVERN YOUR ACCESS AND USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THIS SITE AND THE SERVICES IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY; (3) OUR SECURITY POLICY AND (4) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE ("OTHER TERMS"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY, THE SECURITY POLICY OR THE OTHER TERMS, PLEASE DO NOT USE THE SITE OR THE SERVICES AND EXIT NOW.

Section headings in these Terms and Conditions are for convenience only and do not have any force or effect.

Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions may register for an account and use the Site and Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the website and related services by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms and Conditions. By registering for an account or using the website and any related services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a registered user and use the services made available to registered users, and you further agree to abide by all of the terms of these Terms and Conditions.

Company may update these Terms and Conditions from time to time by posting revised versions on the site, without notice to you except that the effective date at the top of these Terms and Conditions will change and your subsequent use of the site is governed by that new Terms and Conditions.

You can donate just about anything on the Site, but you do have to comply with all local, state and federal laws and regulations. A nonprofit beneficiary organization may, in its sole discretion, determine that certain types of items, or any specific listing, is inappropriate as a donation for its benefit. If Company or a nonprofit beneficiary organization determines that the content of a listing is prohibited, illegal or inappropriate, the listing may be removed without prior notification.

The following items may not be listed on WebThriftStore.com or any website or service maintained by Company:

• Recalled Products (any products recalled by the Consumer Product Safety Commission are prohibited)
• Unauthorized (Pirated) Copies of Media (music, movies, TV shows, photos, radio programs, concerts, software, video games, etc.)
• Replicas of trademarked items (counterfeit and 'knock-off' items)
• Adult and Pornographic Products
• Firearms, Ammunition, and Weapons
• Stock and Securities
• Lottery Tickets
• Prescription or Illicit Drugs
• Tobacco Products
• Unauthorized/Illegal Wildlife Products (including illegal animal byproducts - skins, organs, tissue, bones, feathers, etc. - of endangered species)
• Stolen Goods
• Professional Services

At this time we are also not accepting Cars, Boats or Planes with an asking price greater than $500.00, due to additional IRS requirements for such donations.

By clicking the 'Post for Sale' button, you are pledging the donated item as a contribution to the nonprofit designated as the beneficiary on the page where you clicked 'Donate.' You understand that WebThriftStore has been engaged to execute the sale of the donated item(s) on behalf of the nonprofit and pay the proceeds over to it, withholding a fee for the services provided in completing the transaction. You agree that, upon notice from us that the item has been sold (and within the time frame you indicated when posting the item), you will deliver the item in accordance with the delivery option you offered that was selected by the buyer. If the buyer selected local delivery, you will arrange with the buyer a time and place for the buyer to take possession. If the buyer has paid for shipping, WebThriftStore will generate a prepaid shipping label for you to print and affix to the package. When the sale is completed, your pledge is satisfied and your contribution becomes final. WebThriftStore, on behalf of the nonprofit, will send you a receipt to use for tax purposes.

You understand that only if and until someone purchases and takes delivery of an item will it become a charitable contribution. You cannot claim an unpurchased item as a tax-deductible contribution to charity, and it remains your property (pledged to the charity) until it is sold. If you delist the item that is treated as a rescission of your pledge. Upon confirmed receipt by buyer, the gift is perfected and the value of the item can be claimed as a charitable contribution. In the unlikely event that a buyer refuses to take delivery of an item, the gift is not perfected, the item remains your property, and there is no contribution. If the buyer accepts delivery but requests a refund and you have selected the option to have the item returned to you, the gift is rescinded and the item will be returned to you and no charitable contribution may be taken. Otherwise, once a buyer has taken delivery of an item, you will no longer own it and it will not be returned to you. In the event of a buyer refund or return, WebThriftStore will relist the item (possibly at a different price) or otherwise sell or dispose of the item as WebThriftStore sees fit, subject only to any instructions we receive from the nonprofit. If an item is resold, the proceeds received by the nonprofit for your contribution may be different than the amount of the original sale, or if WebThriftStore cannot sell or liquidate the refunded item, there could be no proceeds to distribute to the nonprofit.

All items shipped using a WebThriftStore prepaid shipping label include insurance. If a claim is made that the item was lost or damaged in shipping, and that claim is filed within 30 days of expected delivery, the item will be treated as a return under the 30-Day Buyer Assurance Guarantee. The purchase price will be refunded to the buyer. WebThriftStore will make the insurance claim and pay the net proceeds of any shipping insurance recovery over to the designated nonprofit in the same manner as it would have for the original sale.

Note about nonprofits' use of donated items
Please note that unless otherwise notified, no items donated through the Site will be consumed or distributed in fulfilling the purpose or function of the charity or tax-exempt organization to which it is donated. For example, donated medical supplies will not be used by a disaster-relief organization to aid victims and donated art will not be hung or displayed by the charity to which it was donated.

By clicking the 'Buy Now' button, you agree (i) to purchase the indicated item; (ii) that WebThriftStore may charge your credit card for the purchase price (including shipping and sales tax, if applicable), and (iii) that the net proceeds will be paid to the nonprofit designated as the beneficiary. You understand that the IRS does not regard the purchase price as a tax-deductible contribution to charity because you have received goods in exchange for your payment.

WebThriftStore does not control or guarantee (i) the accuracy of users' content, listings or claims, (ii) the quality, authenticity, safety, or legality of items offered, or (iii) the donor's rights or ability to offer listed items. Purchases are refundable if an item does not match the donor's description, or is not shipped within seven (7) business days of purchase (see 30-Day Buyer Assurance Guarantee section below).

All purchases are backed by our 'Assurance Guarantee' that protects buyers from items that are SNAD - Significantly Not As Described.

Shipped Items
Items shipped using a WebThriftStore supplied label are guaranteed for 30 days from the date of purchase. Since buyers do not have the opportunity to inspect shipped items before taking delivery, WebThriftStore will provide a full refund (less shipping costs) if the item does not match the donor's description on the Site. WebThriftStore will email return instructions (including a link to a new prepaid shipping label). To receive a refund, you must ship the item, in its original packaging, within seven (7) business days of receiving a return label. You hereby acknowledge and agree that failure to do so will cause you to forfeit your right to receive a refund.

If an item is not received, WebThriftStore will provide a full refund (including shipping) to the buyer. A refund can be requested if a shipment notification is not received within seven (7) business days of purchase, or an item is not received within 10 business days (for Priority/Express/First-Class shipping) or 14 business days (for Parcel Post/Media/Standard shipping) of purchase.

Locally Delivered Items
Items delivered locally are guaranteed from the time of payment until the buyer has had an opportunity to see, touch and inspect the item, which is at the time of pickup. If an item is SNAD, the buyer must not take possession of the item to preserve WebThriftStore's Assurance Guarantee. Any item that a donor has not delivered to a buyer, or that a buyer did not take possession of upon delivery, can be refunded at any time within 30 days of payment. WebThriftStore will refund the buyer's money once the donor has confirmed that the buyer did not take possession of the item. If the donor does not respond to WebThriftStore's request for a confirmation within 10 days, the buyer's money will be refunded.

If the buyer takes possession of an item and subsequently, but no later than 30 days after the date of purchase, discovers a significant discrepancy between the donor's description and the received item that could not be readily discovered at the time of pickup, WebThriftStore will refund the purchase price and provide return instructions.

According to our 30-day Buyer Assurance Guarantee, we will refund the purchase price of any item, but not its delivery, shipping, storage, handling, disposal or other incidental or consequential costs (except loss or damage covered by USPS insurance when using our prepaid shipping labels). For large items, such as sofas, the only practical return may be to find a local buyer willing to pick the item up, which we cannot guarantee will happen in a timely manner or at all. If no buyer can be found, you will be responsible for any removal or disposal costs for that item. You should consider these costs when buying, picking up or taking delivery of such items. When picking up any item, you should inspect it carefully and refuse delivery if you are not satisfied. Notify returns@webthriftstore.com immediately that you have refused delivery of an item, include the order number from your receipt, and we will refund your money.

All items that are shipped using a prepaid shipping label include USPS insurance based on the price paid for the item, package type, and service class. USPS regulations for insurance claims can be found here. In the event of a claim for loss or damage in shipping within the 30-day Buyer Assurance Guarantee, the purchase price (including shipping charges) will be returned to the buyer. WebThriftStore will make the insurance claim and pay the net proceeds of any shipping insurance recovery over to the designated nonprofit in the same manner as it would have for the original sale. This may affect the proceeds received by the nonprofit for the contributed item.

In accordance with USPS policy, WebThriftStore will similarly assist you in filing with USPS any claim on buyer's behalf concerning a lost or damaged shipment. Note that although a claim can be made with USPS, a claim occurring after WebThriftStore's 30-day Buyer Assurance Guarantee is ineligible for a WebThriftStore refund of the sales price. USPS will process any such later claim in accordance with their policies.

Note that under USPS guidelines, claims for damaged shipments must be made no later than 60 days from mailing date. Claims for a lost Express Mail package must be made no later than 90 days after the original mailing date, and claims for all other packages must be made no later than 180 days after the original mailing date. WebThriftStore will pay the proceeds of any shipping insurance claim it receives over to buyer.

For any shipping insurance claim at any time, USPS requires that you retain the damaged article and mailing container (including wrapping, packaging, and contents). USPS may require you to turn the materials over to a Post Office for inspection, retention, and disposition in accordance with the claims decision.

Users agree not to use the Site or Services to:

1. Post, use or transmit content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
2. Post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation or advertising;
3. Post, use or transmit false product identification information, including UPC codes, in product description pages.
4. Post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the websites or services or servers or networks connected to the websites or services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the websites or services;
5. Post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
6. Intimidate or harass another;
7. Use or attempt to use another's account, service, or personal information;
8. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the websites or services;
9. Attempt to gain unauthorized access to the websites or services, other accounts, computer systems or networks connected to the websites or services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the websites or services or any activities conducted through the websites or services;
10. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the websites or services;
11. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
12. Post or transmit any personally identifiable information about persons under 13 years of age.

In addition, unless there is a written agreement between you and Company in effect to the contrary, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the websites or services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the website or service); or, (ii) use the Site or Services in any manner that could disable, overburden, damage or impair the Site or Services, or interfere with any other party's use and enjoyment of the Site or Services.

1. Responsibility for content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, 'Content') which you may have access to as part of, or through your use of, the Site and Services are the sole responsibility of the person from whom such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Company does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Site and Service. You understand that by using the Site and Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Company liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Site and Services.
2. Licenses Associated With Content on the Site and Services.
   1. Company Content: All Content (other than computer software) owned by Company and made available by Company on or through the Site or Services is licensed under the Creative Commons Attribution 3.0 Unported license, unless marked otherwise.
   2. Your Content: You retain the copyright in your Content that you provide on the Site or in connection with the Services. You hereby agree that all Content you voluntarily provide to Company on or through Site or Services is licensed under a Creative Commons Attribution 3.0 license, is not copyrightable, or is in the public domain (such as Content you or another make available under CC0). When you post your Content, you designate Company (including WebThriftStore) as the 'Attribution Party' for the purposes of the Attribution 3.0 license, as defined therein, and grant permission for WebThriftStore to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Creative Commons Attribution 3.0 license, you must not provide it to Company. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to Company on the Site or Services, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your contend, and designating Company as the Attribution Party for purposes of that license.
   3. Third Party Content: Third Party Content and Third Party Websites (as defined in Third Party Website Content and Links, below) that Company links to or embeds in the Site, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that Company supplies, as a courtesy Company will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a Creative Commons Attribution 3.0 license; provided, however, that Company cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such before use.
   4. Product Search Results: Company provides a product search tool as a service to assist users in creating listings. The search tool may return Content that infringes on the rights of a third party. Company will make reasonable efforts to clearly mark Content returned by our search tools that may infringe on the rights of a third party. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.
3. Content You Provide. You may only submit Content to the Site or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms and Conditions. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through the Site or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Company may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Company determines violates the Terms and Conditions or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Company does not endorse or support any Content posted by you or any other third party on or through the Site or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Site or Services, and you authorize Company to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Site or Services. You may request the removal of your Content from the Site or Services at any time, and Company will take reasonable steps to promptly remove such Content; provided, however, that Company can remove any such Content only from Site and cannot remove Content from email archives, wiki history pages and similar community forums where you may post Content, or others' computers, such as Content you may have sent to others in an email posted to a Company email list. If you choose to remove your Content, the license you granted when submitting such Content (see subparagraph (2)(a), above) will remain in full force and effect in accordance with its terms.
4. Use of Content on the Site or Services. You may use the Content you find on the Site in accordance with the Creative Commons Attribution 3.0 Unported license, unless marked otherwise. For the avoidance of doubt, you must attribute all Content (except public domain Content) to WebThriftStore. By using the Site or Service, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Site without your own independent evaluation of that Content. Company does not guarantee that Content made available on or through the Site or Services does not infringe the rights of any third party.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.

All Company trademarks and service marks, logos, slogans and taglines are the property of Company. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of Company, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Company ("Comments") are not confidential and you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

The Site may contain links to websites not controlled by Company ('Third Party Websites'), as well as Content belonging to or originating from persons or organizations other than Company ('Third Party Content'). You acknowledge that Company is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website. You further acknowledge that Company (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

You agree and understand that the terms of this Agreement, the Site, and/or the Services may be modified by us at any time in our sole discretion without prior notice, and such modifications will be effective immediately upon our posting of the new terms and/or upon implementation of the new changes to the Site and/or Services. You acknowledge that Company reserves the right to discontinue the Services, or any features, functionality or services provided as part of or in connection with the Site and/or the Services, and to remove Content that violates the requirements set forth in this Agreement, without prior notice. While the Site is currently free of charge, you acknowledge that Company reserves the right to charge for aspects or additions to the Site and/or Services in the future. You agree to review this Agreement periodically so that you are aware of the most current rights and obligations which apply to your agreement with us. Your continued use of the Site and/or the Services after any modifications indicates your acceptance of the modified Agreement. The most current version of this Agreement can be accessed at any time by selecting the Terms of Use link on the bottom of any page on the Site. You understand that the Site and Services are provided as a courtesy to our you and that we may suspend or terminate all or a portion of the Site and/or Services at any time in our discretion without notice to you. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site and using the Services for any reason or for no reason whatsoever, including improper use of this Site or the Services or failure to comply with these Terms and Conditions, and to take any other action we deem appropriate. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site, Services and/or to any Content therein.

Company is committed to handling responsibly the information and data we collect through our websites and services and agrees to use your personal information in accordance with the Privacy Policy and the Terms and Conditions. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions.

We may post Content from third parties in some areas of the Site. Any third party posting Content to the Site is solely responsible for said Content and compliance with these Terms and Conditions.

YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, NONPROFIT PARTNERS OR AGENTS (THE "COMPANY PARTIES" OFFER THE SITES AND SERVICES AS-IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR THROUGH THE SITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITES OR SERVICES, FOR YOUR USE OF THE SITES OR SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OR THROUGH THE SITE IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SITES OR SERVICES.

You agree to indemnify, hold harmless and defend the Company Parties harmless from and against any and all loss, liability, claims, causes, actions, damages, expense, cost (including but not limited to reasonable attorneys' fees), or penalties , incurred or made against the Company Parties in connection with any claim arising out of or related to: (1) your use of the Site, the Services or the Content (2) any breach of these Terms and Conditions by you or your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any Content you provide to Company. You agree to fully cooperate as reasonably required by a Company Party. Each Company Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Company Party.

THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

These Terms and Conditions contain a binding arbitration provision that may be enforced by the parties. Any controversy or claim arising out of or relating use of the site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and Company. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Company may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or Company pending the completion of arbitration.

You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

These Terms and Conditions, the Privacy Policy, the Security Policy and the Other Terms constitute the entire agreement between Company and you in connection with your use of the Site and/or the Services, and supersedes any prior agreements between Company and you regarding such matters, including prior versions of these Terms and Conditions. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature. The terms of these Terms and Conditions are effective until terminated by Company, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in these Terms and Conditions will survive.

If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

If you have any questions about the site or these Terms and Conditions, you may contact us via e-mail at legal@webthriftstore.com. We are always glad to hear your questions and comments.