Terms Of Use
LIQUIDATION PRIME
TERMS OF USE AND SERVICE AGREEMENT
Platform: Liquidation Prime
Operating Entities:
Liquidation Prime (Canada) – operating under the laws of the Province of Ontario, Canada
Liquidation Prime, Inc. – a Delaware corporation organized under the laws of the State of Delaware, United States
The Liquidation Prime platform may be operated by one or more affiliated entities depending on the jurisdiction of the transaction, including Liquidation Prime (Canada) and Liquidation Prime, Inc. (Delaware, USA).
References in this Agreement to “Company,” “Liquidation Prime,” “we,” “us,” or “our,” refer collectively to the applicable operating entity responsible for the Platform in the relevant jurisdiction.
Applicable Regions: Canada and United States
Effective Date: February 28, 2026
1. ACCEPTANCE OF TERMS
This Terms of Use and Service Agreement (“Agreement”) constitutes a legally binding agreement between Liquidation Prime (“Company,” “Platform,” “we,” “us,” or “our”) and any individual or business entity (“User,” “Buyer,” or “Seller”) accessing or using the Platform.
By registering, bidding, listing Inventory, purchasing Inventory, or otherwise using the Platform, the User agrees to be legally bound by this Agreement.
Users consent to transact electronically and agree that electronic acceptance of this Agreement constitutes a legally binding signature.
By accepting this Agreement, User expressly confirms:
“I am purchasing Inventory strictly for commercial or business purposes and not as a consumer for personal, family, or household use.”
2. PLATFORM ROLE: VENUE ONLY
2.1 Marketplace Facilitator
Liquidation Prime operates the Platform solely as a Marketplace Facilitator, providing a platform for Sellers to list Inventory and for Buyers to purchase Inventory.
The Company may perform administrative functions, including listing, marketing, facilitating sale, and relisting of Inventory in case of Buyer default.
The Company does not purchase Inventory, take title to Inventory, or assume ownership of Inventory; all discretionary actions are administrative only.
2.2 Not a Party to Transactions
Except for Inventory expressly designated as Company-owned, the contract of sale is formed directly between Buyer and Seller. The Company acts only as an administrative facilitator.
2.3 No Title
For third-party Inventory, the Company does not take title or ownership of the goods, and any administrative actions (such as relisting or payment processing) do not create ownership rights.
2.4 No Agency Relationship
Nothing in this Agreement creates any:
agency relationship,
partnership,
joint venture,
fiduciary duty,
employment relationship, or
escrow relationship
between the Company and any User. Administrative facilitation of transactions does not establish any additional obligations or liabilities.
2.5 NO CONTROL OVER USERS AND LISTINGS
The Company has no obligation to investigate, verify, or guarantee the accuracy, completeness, legality, or reliability of any listings, Users, Inventory, or transactions conducted through the Platform.
All information, listings, manifests, and content are provided by Users or third parties and are used at the User’s own risk.
The Company does not guarantee the performance, conduct, quality, legality, or reliability of any Buyer, Seller, or third party on the Platform.
The Company shall not be responsible or liable for any acts, omissions, defaults, misrepresentations, or misconduct of any User or third party.
3. USER REGISTRATION, VERIFICATION, AND ACCOUNT SECURITY
Users must be at least eighteen (18) years old and legally capable of entering into binding contracts.
Users agree to:
provide accurate, complete, and truthful registration information
maintain such information in an accurate and up-to-date condition at all times
keep all account credentials secure and confidential
Users are solely responsible for all activity occurring under their account, whether authorized or unauthorized.
Accounts may not be transferred, assigned, sublicensed, shared, or otherwise made available to any third party without the prior written consent of the Company.
3.1 Identity Verification (KYC) and Compliance
The Company reserves the right, at any time and in its sole discretion, to require Users to complete identity verification procedures, including but not limited to:
submission of government-issued identification
proof of address
business registration documents
tax identification numbers
banking or payout verification
any additional information reasonably requested
The Company may conduct fraud prevention, anti-money laundering (AML), sanctions screening, and risk assessment checks using internal systems and third-party providers.
Failure or refusal to provide requested information may result in:
account suspension
restriction of functionality
withholding or delay of payouts
termination of the account
The Company reserves the right to refuse verification or deny access to the Platform without providing any reason or explanation.
3.2 Account Suspension, Restrictions, and Termination
The Company reserves the right, at its sole discretion, to suspend, restrict, limit, or terminate any User account at any time, with or without notice, and for any reason or no reason, including but not limited to:
suspected fraud or unlawful activity
violation of this Agreement
abusive, deceptive, or harmful behavior
risk to the Platform, other Users, or third parties
failure to pass verification or compliance checks
Any such action may be taken immediately and without prior warning.
The Company shall have no obligation to:
provide advance notice
provide an explanation or justification
restore access to the account
3.3 No Liability for Suspension or Termination
The Company shall not be liable for any losses, damages, lost profits, business interruption, or other consequences arising from:
suspension, restriction, or termination of an account
delay or denial of access to the Platform
withholding, delay, or cancellation of transactions or payouts
All such actions are undertaken at the User’s own risk.
4. REFERRAL PROGRAM AND FRAUD PREVENTION
The Platform may offer a referral program allowing Users to invite new participants to the Platform.
Referral rewards, bonuses, credits, or incentives shall be granted only if the referred User completes a verified purchase or sale transaction on the Platform.
The Company reserves the right to withhold, cancel, reverse, or deny referral rewards if the Company determines, in its sole discretion, that fraudulent or abusive activity has occurred.
Prohibited activities include, but are not limited to:
• creation of multiple accounts by the same individual
• self-referrals or referrals between accounts controlled by the same person or entity
• referral activity intended solely to generate referral bonuses without genuine transactions
• manipulation of the referral system through automated means or coordinated accounts
• any other activity the Company reasonably determines to be fraudulent, deceptive, or abusive.
The Company may suspend or terminate accounts involved in referral abuse, cancel referral bonuses, and pursue recovery of any improperly obtained rewards.
The Company’s determination regarding referral fraud shall be final and binding.
5. COMMERCIAL PURPOSE REQUIREMENT
The Platform is intended exclusively for commercial buyers purchasing Inventory for:
resale
refurbishment
liquidation
export
other business operations
Users represent and warrant that:
purchases are made for commercial purposes
Inventory will not be used for personal or household use
the User acts as a business entity, reseller, contractor, or commercial operator
Misrepresentation of commercial status constitutes a material breach of this Agreement.
6. BIDDING, PAYMENT, AND ORDER CANCELLATION
All bids placed on the Platform are final and legally binding.
Liquidation Prime auctions typically close each Wednesday.
6.1 Company Right to Cancel Orders
The Company reserves the right, at its sole discretion, to cancel, suspend, or refuse any transaction, order, or bid at any time prior to release of Inventory.
The Company’s sole obligation shall be to refund any payment received.
The Company shall not be liable for lost profits, business interruption, or economic damages arising from such cancellation.
6.2 Buyer Premium Fee
All purchases made through the Platform are subject to a Buyer Premium fee equal to ten percent (10%) of the purchase price.
The Buyer Premium applies to all transaction types including:
auction bids
Buy Now purchases
accepted offers
any other purchase completed through the Platform
The total purchase price consists of:
purchase price of Inventory
plus 10% Buyer Premium
plus applicable taxes
plus shipping or logistics fees
Failure to pay the Buyer Premium constitutes failure to complete payment.
6.3 Payment Deadlines
Auction Purchases
For Inventory purchased through an auction, full payment must be completed no later than the end of the designated pickup window for that auction cycle.
The standard pickup and payment window is:
Thursday — 9:00 AM to 7:00 PM
Friday — 9:00 AM to 7:00 PM
Saturday — 10:00 AM to 5:00 PM
Payment not completed by 5:00 PM on Saturday constitutes failure to complete payment.
Buy Now and Accepted Offer Purchases
For Inventory purchased through the Buy Now feature or through an accepted Submit Offer transaction, the Buyer must complete full payment and remove the Inventory from the Company's facility within three (3) business days following placement of the order.
Failure to complete payment and pickup within this period constitutes a default under this Agreement.
6.4 Payment and Pickup Default
Failure to complete payment and, where applicable, remove the Inventory within the deadlines set out in Section 6.3 constitutes a material breach of this Agreement.
In such cases, the Company may, at its sole discretion:
cancel the transaction;
suspend or terminate the Buyer account;
charge a default fee equal to ten percent (10%) of the total purchase price;
relist the Inventory for sale or auction.
The parties agree that the 10% default fee represents liquidated damages intended to compensate the Company for administrative costs, lost sales opportunities, storage expenses, and related losses resulting from the Buyer's default, and is not intended as a penalty.
6.5 Auction Integrity
Users agree not to engage in any activity intended to manipulate auction outcomes, including but not limited to:
• coordinated bidding between users
• artificial price inflation
• shill bidding
• use of multiple accounts to influence auction prices
The Company may suspend or permanently terminate accounts involved in such activities.
6.6 Proxy bidding system
The Platform utilizes a proxy bidding system that allows Buyers to submit a maximum bid amount for an auction.
By placing a proxy bid, the Buyer authorizes the Platform to automatically place incremental bids on the Buyer’s behalf, in predefined bid increments, only as necessary to maintain the Buyer’s highest bid position, up to the Buyer’s specified maximum bid amount.
The Platform will increase bids automatically in response to competing bids submitted by other Users. At no time will the Platform place bids independently or without a corresponding bid from another User.
6.7 Additional Buyer Fees
In addition to the Buyer Premium (Section 6.3), the Company may charge Buyers additional fees at its sole discretion, including but not limited to:
Payment Processing Fees: Charges for credit card transactions, wire transfers, or international payment handling;
Palletizing and Loading Fees: Fees for securing, wrapping, or loading Inventory onto a carrier;
Late Pickup and Storage Fees: As further detailed in Section 17.
6.8 ERRORS, INACCURACIES, AND SYSTEM ISSUES
The Company reserves the right, at its sole discretion, to correct any errors, inaccuracies, or omissions at any time, including after an order has been placed.
Such errors may include, but are not limited to:
pricing errors
manifest inaccuracies
listing errors
typographical errors
image or description inaccuracies
system or technical errors
The Company reserves the right to cancel, modify, or refuse any order or transaction affected by such errors, even after payment has been submitted.
The Company’s sole obligation in such cases shall be to refund any amounts paid by the User, without any further liability.
7. PAYMENT PROCESSING
Payments are processed through third-party payment processors.
The Company acts solely as a limited payment collection agent for Sellers.
The Company is not a bank, financial institution, escrow agent, trustee, bailee, warehouse operator, or custodian for legal purposes.
Any storage, handling, transportation coordination, or logistical assistance provided by the Company is purely administrative and does not create custody, control, possession, or legal responsibility for Inventory.
Funds may be temporarily held for dispute resolution, risk review, or administrative purposes.
The Company reserves the right, at its sole discretion, to hold, delay, restrict, offset, or withhold any payments, payouts, or account balances for purposes including, but not limited to:
fraud prevention,
risk management,
dispute resolution,
compliance,
chargebacks,
or suspected violations of this Agreement.
7.1 THIRD-PARTY SERVICES DISCLAIMER
The Platform may rely on third-party service providers, including but not limited to payment processors, logistics providers, freight carriers, cloud infrastructure providers, and other technology vendors.
The Company shall not be responsible or liable for any actions, errors, delays, failures, interruptions, or security issues caused by such third-party service providers.
The Company makes no representations or warranties regarding the performance, reliability, availability, or security of any third-party services.
8. CHARGEBACK AND PAYMENT REVERSALS
Buyers agree not to initiate chargebacks, PayPal disputes, or payment reversals outside the Platform dispute process.
Initiating a chargeback after confirmed delivery or pickup constitutes prima facie evidence of bad faith.
Buyer agrees to reimburse the Company for:
payment processor fees
administrative costs (minimum $75 CAD)
legal and collection expenses
Credit Card Fraud
The following actions may constitute credit card fraud:
initiating a chargeback while retaining possession of Inventory
reversing payment after confirmed delivery
attempting payment reversal while maintaining control of goods
Liquidation Prime will report such activity to law enforcement authorities and pursue all available legal remedies.
9. TAXES AND CROSS-BORDER TRANSACTIONS
All prices are exclusive of:
GST / HST
provincial sales taxes
U.S. state sales taxes
customs duties
import/export fees
Buyers are responsible for all taxes, duties, tariffs, and regulatory charges.
The Platform may facilitate transactions involving Canada and the United States, and such transactions may be subject to additional regulatory requirements.
Users agree to comply with all applicable export control laws and regulations of Canada and the United States, including restrictions related to the export, re-export, or transfer of certain goods.
10. REMOVAL OF IDENTIFICATION AND INFORMATION
Buyer agrees that, prior to the resale, transfer, recycling, liquidation, or disposal of any Products purchased through the Platform, Buyer shall:
a) Removal of Sensitive and Retailer-Specific Information
Remove or permanently obscure any materials that may reasonably identify prior ownership, fulfillment origin, or customer data, including but not limited to:
shipping labels
order documentation
customer receipts
packaging containing personal or fulfillment data
For clarity, removal of general product identifiers (such as manufacturer barcodes or product UPCs) is not required unless they contain Customer Information or retailer-specific tracking data.
b) Customer Information (Mandatory Data Protection)
Permanently remove or destroy all Customer Information, including but not limited to:
names, addresses, phone numbers
payment information
account data
digital files or records
Buyer must ensure that such information cannot be recovered, reconstructed, or accessed by any third party.
c) Data Wiping for Electronics
For any Products containing memory or storage (including computers, mobile devices, tablets, and similar electronics), Buyer must:
permanently erase all stored data, accounts, and files
perform industry-standard data wiping procedures
d) Compliance with Laws
Buyer shall comply with all applicable:
privacy and data protection laws
consumer protection laws
electronic waste and recycling regulations
in all relevant jurisdictions.
e) Permitted Resale and Use of Brand Names
Buyer may resell Products and may reference manufacturer brand names strictly for the purpose of accurately describing the Products, provided that such use:
is truthful and not misleading
does not imply authorization, endorsement, sponsorship, or affiliation with any brand owner, retailer, or manufacturer
complies with applicable trademark and unfair competition laws
f) Prohibited Representations
Buyer shall not, without prior written authorization from the applicable rights holder:
represent or imply that the Buyer is an “authorized,” “approved,” or “official” reseller
suggest that the Products are sourced directly from, endorsed by, or affiliated with any specific retailer, brand owner, or manufacturer
use logos, trademarks, or branding materials in a manner that creates a likelihood of confusion as to source or affiliation
misrepresent the condition, origin, or inspection status of the Products
Buyer may describe Products using general industry-accepted terms such as “customer returns,” “overstock,” or “liquidation goods,” provided that no specific retailer or source is identified without authorization.
g) Retailer Reference Restrictions
Buyer shall not identify or reference any specific retailer, distributor, or fulfillment channel as the source of the Products unless:
such information is expressly authorized in writing by the Company or the applicable rights holder, or
such disclosure is required by applicable law
h) Enforcement and Remedies
Violation of this Section may result in:
suspension or termination of Buyer’s account
removal of listings
liability for damages arising from misleading or unauthorized representations
i) Indemnification
Buyer agrees to indemnify, defend, and hold harmless the Company and its affiliates from any claims arising out of:
failure to properly remove Customer Information
misuse of trademarks or misleading product representations
violation of applicable laws relating to resale, branding, or data protection
j) Survival
This Section shall survive termination or expiration of this Agreement.
11. INDEMNIFICATION
Buyer agrees to indemnify, defend, and hold harmless Liquidation Prime, its affiliates, directors, officers, employees, partners, sellers on the platform, logistics providers, and service providers from and against any and all claims, liabilities, damages, costs, fines, penalties, and expenses (including legal fees and investigation costs) arising out of or related to:
a) the resale, distribution, refurbishment, repair, repackaging, liquidation, or use of any Products purchased through the platform;
b) any breach of this Agreement by Buyer;
c) damage to property or injury to persons caused by the Products or arising during handling, transportation, storage, resale, or use of the Products;
d) loss, theft, or destruction of Products after they have been released to Buyer or Buyer’s carrier;
e) any modification, reconditioning, refurbishing, or repackaging performed by Buyer;
f) labeling, advertising, marketing, or resale representations made by Buyer;
g) inaccurate or misleading descriptions provided by Buyer during resale of the Products;
h) Buyer’s failure to comply with the obligations set forth in this Agreement;
i) disputes between Buyer and any third party, including sellers, customers, carriers, or other users of the platform;
j) Buyer’s failure to properly delete or remove Customer Information contained in or on any Products;
k) any act or omission by Buyer, its employees, contractors, agents, affiliates, successors, or assigns.
This Section shall survive termination or expiration of this Agreement.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS SOLD THROUGH THE LIQUIDATION PRIME PLATFORM ARE PROVIDED “AS IS” AND “WHERE IS.”
BUYER ASSUMES ALL RISKS ASSOCIATED WITH THE PURCHASE, HANDLING, TRANSPORTATION, STORAGE, RESALE, AND USE OF THE PRODUCTS.
IN NO EVENT SHALL LIQUIDATION PRIME, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY:
INDIRECT DAMAGES
INCIDENTAL DAMAGES
CONSEQUENTIAL DAMAGES
SPECIAL DAMAGES
PUNITIVE DAMAGES
LOSS OF PROFITS
BUSINESS INTERRUPTION
LOSS OF DATA
LOSS OF BUSINESS OPPORTUNITY
arising out of or relating to:
the purchase of Products through the platform
the condition or performance of Products
the resale or use of Products
delays, shipping issues, or carrier-related problems
any information or content provided on the platform.
In addition to any other limitation of liability set forth in this Agreement, to the maximum extent permitted by law, the total aggregate liability of the Company for any and all claims shall not exceed 1000$ or the total fees paid by the User to the Company during the three (3) months preceding the event giving rise to the claim.
13. INVENTORY CONDITION AND DISCLAIMERS
13.1 AS-IS SALE
All Inventory is sold:
AS IS
WHERE IS
WITH ALL FAULTS
All warranties are disclaimed including:
merchantability
fitness for purpose
non-infringement
13.2 Untested Inventory
Inventory may be designated Untested Customer Returns.
Such Inventory:
has not been functionally tested
may be visually inspected
functionality is not guaranteed
13.3 Untouched Pallets
Pallets may be received and listed without being broken down or individually inspected.
13.4 Manifest Disclaimer
Manifest data is provided as a general representation only. The manifest may contain discrepancies, shortages, or overages and is not guaranteed to be fully accurate. A variance tolerance in quantity, SKU mix, or condition is permitted.
13.5 Limited Manifest Assistance
Assistance may be provided only if a missing item represents at least 50% of pallet retail value.
Such assistance will be issued solely as store credit.
No refunds will be issued for manifest discrepancies.
13.6 Packaging Condition
Packaging may be:
new
opened
distressed
damaged
missing
Packaging condition does not affect the AS-IS nature of the sale.
13.7 Product Recalls and Safety Notices
Buyer acknowledges that inventory sold through the Platform may include customer returns, liquidation goods, or excess inventory that has not been inspected for product safety recalls.
Buyer is solely responsible for verifying whether any Products are subject to manufacturer recalls, safety notices, regulatory restrictions, or compliance requirements prior to resale, distribution, or use.
Liquidation Prime shall not be responsible for identifying, disclosing, or managing product recalls or safety notifications.
13.8 No Reliance
Buyer acknowledges and agrees that it has not relied on any representations, statements, descriptions, photographs, manifests, or warranties not expressly contained in this Agreement.
Buyer further acknowledges that any product descriptions, manifests, images, or information provided through the Platform are for general informational purposes only and do not constitute guarantees or warranties regarding the condition, quantity, or functionality of the Inventory.
13.9 Product Condition Classification
At Liquidation Prime, all inventory is categorized using standardized condition types to help buyers clearly understand what they are purchasing.
Use this checklist as a guideline when evaluating each lot.
New
Brand new, unused items in original packaging. Overstock inventory never sold at retail. Packaging may show signs of wear or minor damage due to storage and handling over time.
Like New
Items appear unused and are generally close to new condition, but may show minor signs of handling, inspection, or storage. These items are often sourced from canceled orders, brief displays, or retail handling.
Due to the nature of liquidation inventory, both product and packaging condition may vary and can differ from original manufacturing standards. No guarantees are provided regarding original condition, completeness, or packaging integrity unless explicitly stated.
Shelf Pull
Items previously offered for sale in a retail environment but never sold. These products are typically new; however, they may have price tags, stickers, or signs of retail handling.
Due to store exposure and reverse logistics handling (movement between stores, warehouses, and distribution centers), items may show minor cosmetic wear, repackaging, or signs of additional handling.
As a result, both product and packaging condition can vary and may differ from original manufacturing standards. No guarantees are provided regarding packaging condition or presentation unless explicitly stated.
Customer Return
Items previously sold to a customer and returned through retail or shipping channels. Reasons for return may vary and do not necessarily reflect the actual condition or functionality of the item (e.g., wrong size, preference, or other non-defect reasons).
However, most return items will show some level of use, wear, or handling. Items may be open-box, used, incomplete, damaged, swapped, or non-functional.
Due to the reverse logistics process (movement from customer to store or warehouse), products may exhibit additional signs of handling and typically do not include original packaging, documentation, or accessories.
As a result, both product condition and completeness can vary significantly and may differ from original manufacturing standards. No guarantees are provided regarding functionality, completeness, or condition unless explicitly stated.
Used
Items that have been previously used and show visible signs of wear such as scratches, scuffs, dents, or general cosmetic imperfections.
Items may be functional, but functionality is not guaranteed. Signs of prior use, missing accessories, or incomplete sets are common.
Due to prior ownership and handling, products may not include original packaging, documentation, or all components.
As a result, overall condition and completeness can vary and may differ from original manufacturing standards. No guarantees are provided regarding functionality, completeness, or condition unless explicitly stated.
Refurbished
Items that have been previously used and have been inspected, tested, and restored to full working condition by a qualified third-party vendor.
While functionality is verified, items may show noticeable cosmetic wear such as scratches, dents, scuffs, or other signs of prior use.
Refurbished items typically do not include original packaging, documentation, or all accessories unless explicitly stated.
Due to prior use and the refurbishment process, overall condition and appearance may vary from original manufacturing standards. No guarantees are provided regarding cosmetic condition or completeness unless explicitly specified.
Salvage
Items identified as defective, heavily damaged, incomplete, or non-functional. These assets are not suitable for immediate use and are typically intended for repair, parts harvesting, or recycling.
Items may show severe cosmetic damage, missing components, or functional failure.
Due to the nature of salvage inventory, condition, completeness, and functionality can vary significantly and may differ from original manufacturing standards. No guarantees are provided regarding functionality or completeness.
Important Disclaimer
All liquidation lots are sold “As-Is” and “Where-Is.”
While we strive for accuracy in our descriptions, Liquidation Prime makes no guarantees regarding the functional state or exact count of items within mixed lots unless otherwise specified.
All sales are final.
14. SHIPPING, DELIVERY, INSPECTION, AND RISK OF LOSS
Title transfers upon full payment and release of Inventory.
Risk of loss transfers upon:
pickup by Buyer
release to Buyer’s carrier
delivery to Buyer
The Company shall not be responsible for cosmetic or minor damage that may occur during normal warehouse handling, palletizing, staging, or loading operations.
14.1 Inspection Requirement
Buyer must inspect Inventory at time of pickup or delivery.
Failure to report an issue immediately constitutes final acceptance.
14.2 Third-Party Carrier Shipments
For third-party carrier deliveries, disputes must be submitted within three (3) business days of delivery.
14.3 Carrier Responsibility
Once transferred to a carrier, the carrier assumes responsibility.
Liquidation Prime is not liable for:
loss
damage
delays
theft
mishandling during transport
15. RETURNS POLICY
Returns are accepted only if an entirely different item was delivered.
Buyer must notify the Company within three (3) business days.
The Company may:
issue refund
issue store credit
arrange return of incorrect goods
16. PICKUP DEADLINE AND STORAGE FEES
Inventory must be collected within the designated pickup window:
Thursday — 9:00 AM to 7:00 PM
Friday — 9:00 AM to 7:00 PM
Saturday — 10:00 AM to 5:00 PM
Failure to collect paid Inventory by the end of the pickup window on Saturday will result in storage fees.
Beginning Sunday, a storage fee of $20 CAD per pallet per day will apply until the Inventory is collected.
Storage fees must be paid in full prior to release of the Inventory.
If Inventory remains uncollected for an extended period of time, the Company reserves the right to:
• charge additional storage fees
• suspend the Buyer account
• relist the Inventory
• dispose of or liquidate the Inventory
Any proceeds from such resale may be retained by the Company to cover storage costs, administrative expenses, and handling fees.
17. NON-CIRCUMVENTION
Users may not complete transactions outside the Platform with parties introduced through the Platform for twelve (12) months.
This includes transactions through:
affiliates
agents
related entities
representatives
Violation results in 20% success fee liability.
18. PERSONAL GUARANTEE
Individuals acting on behalf of a business entity personally guarantee all obligations including:
payment obligations
damages
chargebacks.
19. PROPRIETARY TECHNOLOGY
All software, systems, data, and intellectual property belong exclusively to Liquidation Prime.
Scraping, reverse engineering, or automation is prohibited.
The Platform is provided on an "as available" and "as is" basis. The Company does not guarantee that the Platform will be uninterrupted, secure, error-free, or continuously available.
The Company reserves the right, at any time and at its sole discretion, to modify, suspend, restrict, or discontinue the Platform or any part thereof, with or without notice, and without liability.
The Company shall not be responsible for any system errors, interruptions, delays, unauthorized access, data loss, or technical failures, even if reasonable security measures have been implemented. The Company does not guarantee uninterrupted access, error-free operation, or continuous availability of the Platform.
20. CONFIDENTIALITY
Manifests, pricing data, and operational information are confidential and may not be disclosed.
21. PROHIBITED PRODUCTS AND LEGAL COMPLIANCE
Users must comply with laws of:
Canada
the United States
any applicable jurisdiction.
Illegal goods, stolen property, counterfeit goods, restricted weapons, and hazardous materials are prohibited.
The Company reserves the right to remove, block, or suspend listings suspected of involving counterfeit goods, recalled products, stolen goods, or products that may pose a safety risk. The Company may report such activity to appropriate authorities.
22. FORCE MAJEURE
The Company is not liable for delays caused by:
natural disasters
war
strikes
government actions
cyber incidents
logistics disruptions.
Force majeure events shall include, in addition to those already listed, supply chain disruptions, labor shortages, warehouse incidents, equipment failures, and failures or delays of third-party service providers.
23. GOVERNING LAW, ARBITRATION, AND ATTORNEY FEES
GOVERNING LAW AND ARBITRATION
For Users located in Canada, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Platform shall be resolved exclusively by binding arbitration in Toronto, Ontario, Canada, before a single arbitrator, conducted in the English language.
For Users located in the United States, this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Platform shall be resolved exclusively by binding arbitration in Wilmington, Delaware, United States, before a single arbitrator, conducted in the English language.
The arbitral award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Users agree that any dispute resolution proceedings shall be conducted only on an individual basis and not as part of any class, collective, or representative action. Users expressly waive any right to participate in a class action, collective action, or representative proceeding against the Company.
To the fullest extent permitted by law, the User expressly waives any right to a trial by jury in any dispute, claim, or proceeding arising out of or relating to this Agreement or the use of the Platform.
24. MODIFICATIONS
The Company may modify this Agreement by posting updated terms on the Platform.
Continued use constitutes acceptance of revised terms.
FINAL ACKNOWLEDGEMENT
BY REGISTERING, BIDDING, OR USING LIQUIDATIONPRIME.CA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.