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LEGAL AGREEMENT A "User" shall be entitled solely to those privileges explicitly set forth in this Agreement, in consideration for acceptance of this Agreement.

TERMS This User Agreement is effective upon receipt and acceptance of a User Application Form by FreeFlow and their client and shall continue until either the User or FreeFlow and their client terminates the Agreement. Upon written notice to the other party, either party may terminate this Agreement for any reason with a notice period of four (4) weeks prior to the end of a calendar month. The User agrees that FreeFlow and their client, in their sole discretion, shall have the right to suspend or terminate a User's access to this marketplace or any FreeFlow powered marketplace at any time for any breach of this Agreement or of any other Agreement to which FreeFlow and the User are parties, and that FreeFlow shall not be obligated to disclose the specifics of such breach to the User. Suspension or termination of the User's access to the marketplace is sufficient notice of suspension or termination of this Agreement. Payment must be received in advance. Failure to pay will result in immediate cancellation of website access and users will be removed from all future auctions. Freight is the responsibility of the buyer. SanDisk is not responsible for returned freight costs or missing and/or damaged material due to a refused shipment. All shipment disputes or queries need to be escalated to Freeflow within 24 hours of receipt.
If a member is successful in securing product on SanDiskexcess.com, the stock must be sold without warranty and advertised in the condition in which it was purchased.
To further clarify, below are examples of such requirements. These examples are for demonstration purposes and other situations may occur in which the member will need to adhere to the requirement.
1.If the product is refurbished the stock must be clearly marketed and advertised to end consumers as refurbished and may not be offered in any capacity as a “new” product. If the product is repacked, the packaging must not hide any SanDisk markings – e.g. “R” for refurbished. Removal of the R marking is prohibited.
2.If product is sold in bulk the description of the product must clearly state that, and the use of a retail packaged SKU/UPC/ASIN or any other retail packaged product identifier is prohibited. If repacked the packaging must not look like it is SanDisk packaging.
Furthermore, any information provided to end users (such as but not limited to product description on websites) needs to clearly state that the product is sold without warranty.
FreeFlow will also publish a list of companies and regions where stock cannot be advertised or sold. Users will be given a detailed listing by name where these restrictions apply.
In order to avoid a conflict of interest, or the appearance of a conflict of interest, the following classes of persons are prohibited from purchasing, either directly or indirectly, product offered for sale on the SanDiskexcess.com site; SanDisk and FreeFlow and any of its affilates; their employees or members of such employees’ immediate families/households; any entity in which SanDisk and/or FreeFlow has any financial interest; or any agent or representative for such party.

If you are the current highest bidder on an auction (lot auction and line item auction) and you place a max bid which is greater than or equal to the reserve price, your bid will automatically be accepted at the reserve price after the auction has closed. If you are the current highest bidder on an auction (lot auction and line item auction) and you place a max bid which is below the reserve price, your bid will automatically be increased up to your max after the auction has closed. The bid will remain pending until a decision is made.

When a user places a max bid on a lot, the max bid will be proportionately divided by line item according to the original bids placed.

In some instances stock that is on auction may be restricted to be purchased/sold into certain regions only. This will be indicated on individual auctions where restrictions apply.

Compliance to the above terms must be submitted in writing to FreeFlow before access to the marketplace is granted.

Please note Manufacturer's Warranty is not provided with any of the products purchased through any FreeFlow marketplace unless otherwise stated.

ACCESS AGREEMENT This Agreement is not a transfer or a license of any of FreeFlow’s rights. By accessing the FreeFlow powered private marketplace, Users expressly acknowledge acceptance of the terms of this Agreement. Users agree that FreeFlow has the right to deny any individual access to a FreeFlow powered private marketplace. Unauthorized access to any FreeFlow powered website is expressly forbidden. FreeFlow and its associated platforms are protected under Copyright Laws. Any reproduction or distribution of this Website information, by, for, or to any third party, is expressly forbidden.

CONFIDENTIAL DISCLOSURE User understands and agrees that information disclosed on the FreeFlow powered marketplace may include trade secrets and proprietary information belonging to FreeFlow. User agrees not to copy or disclose to third parties, in whole or in part, any portion of the information and the software. User also agrees that all Usernames and Passwords supplied to the User are non-transferable and may only be used by parties registered under those Usernames and Passwords. The provisions of this Confidential Disclosure section shall survive the termination of this Agreement.
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DISCLAIMER FreeFlow assumes no liability for losses incurred in the use or application of the software or the data contained therein and shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, arising out of the sale, service, furnishing performance or use of any information, data or materials sold or provided under this Agreement. The provisions of this Disclaimer section shall survive the termination of this Agreement.


   
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