Last updated on 9/19/2022
Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.OWITUSA.COM WEBSITE OR RELATED SERVICES.
Welcome to the One World International Trading® Site and Services (“OWIT”, "we" or "us").
- Description of the OWITUSA.com Service owitusa.com provides an online resource for browsing, purchasing, and reselling liquidated, overstock, open box and refurbished inventory at a discount. You must provide (1) all equipment necessary for your own Internet connection, including computer and connectivity and (2) provide for your access to the Internet, and (3) pay any fees related with such connection.
Please read these Terms of Service before accessing this web site. This is a legally binding agreement between you and us. If you choose to purchase products from the owitusa.com website, you must also abide by the OWIT Terms of Purchase that you will be asked to acknowledge, including those governing purchases through OWIT Actions, if applicable.
These Terms of Service set forth the terms of use of OWITUSA.com. By using the OWITUSA.com web site you agree to these terms and conditions. If you do not agree to the terms and conditions, you must immediately cease all usage of OWITUSA.com.
If you do not understand and agree to these Terms of Service, please do not use owitusa.com. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us at help@owitusa.com. Do not use owitusa.com until these questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of these Terms of Service.
By visiting owitusa.com and/or by completing the registration process and creating an account for owitusa.com, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. owitusa.com IS AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER.
- Modifications to these Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted at owitusa.com. Your continued use of owitusa.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service and any modifications.
If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of owitusa.com. Your continued use of owitusa.com following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of owitusa.com, please contact help@owitusa.com.
- Use of the owitusa.com Services
Use of owitusa.com is void where prohibited. By accessing or otherwise using owitusa.com, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time, to: (a) modify or discontinue some or all of owitusa.com, including, but not limited to (i) restricting the time owitusa.com is available, (ii) restricting the amount of use of owitusa.com permitted, and (iii) restricting or terminating any user's right to use owitusa.com, with or without notice, including but not limited to because of non-payment or abandonment of goods; (b) charge fees in connection with the use of all or part of owitusa.com; (c) modify and/or waive any fees charged in connection with owitusa.com; and/or (d) offer opportunities to some or all users of owitusa.com. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of owitusa.com, in whole or in part, or of any service, content or feature offered through owitusa.com. Your continued use of owitusa.com following the posting of changes to these Terms of Service will constitute your acceptance of such changes.
Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, One World International Trading grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access owitusa.com to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by OWIT for such purposes on owitusa.com, solely for your informational purposes and for your immediate and private use; (b) make purchases of goods and services through links found on or through owitusa.com once you have agreed to the terms and conditions, and have acknowledged the Terms of Purchase; and (c) resell those goods and services at your own expense provided that you accept all risks associated with such resales. At all times you must retain all OWIT, owitusa.com or third-party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by OWIT.
- User Conduct and Acceptable Use Notice
Unauthorized use of owitusa.com is expressly prohibited. You may not use owitusa.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
Additionally, OWIT reserves the right, without limitation, to terminate your access to and use of owitusa.com if, in our view, your conduct fails to meet any of the following guidelines for User conduct. Please note that this list of guidelines are not inclusive, and OWIT may suspend or terminate your access for any or no reason, in its sole discretion:
- You may not misrepresent your identity or impersonate any person.
- You may not attempt to gain access to any account, computers or networks related to owitusa.com without authorization.
- You may not attempt to obtain any data through any means from owitusa.com, except if we intend to provide or make it available to you, which includes scraping or monitoring activity or pricing.
- You may not attempt to charge others to use owitusa.com either directly or indirectly.
- You may not use owitusa.com to harvest or otherwise collect information about others, including e-mail addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by OWIT.
- You may not copy or imitate any language or design elements used by owitusa.com.
- You may not use owitusa.com in a manner that results in excessive bandwidth usage, as determined by a representative of OWIT. Use of owitusa.com as well as use of owitusa.com on any desktop or portable application will be applied toward such bandwidth usage.
- All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of OWIT. OWIT reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit OWIT’s response to a future complaint.
- Limitation of Liability
THE OWITUSA.COM SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND OWIT EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT OWITUSA.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE
IN NO EVENT WILL OWIT BE LIABLE TO YOU OR YOUR END USERS OR CUSTOMERS FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF OWIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWIT’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, EQUITY OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE PARTICULAR LINE ITEM OF THE ORDER GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IN NO EVENT WILL OWIT BE LIABLE FOR ANY ERROR IN A PALLET LISTING. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT.
Except as specifically stated in this Notice, or elsewhere on OWITUSA.com, or as otherwise required by applicable law, neither OWIT nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of OWITUSA.com or the content whether or not we have been advised of the possibility of such damages.
In the event that, notwithstanding the foregoing disclaimers, limitations and indemnification, OWIT is found responsible to any user for any reason whatsoever, OWIT’s responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.
- Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWIT, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE OWITUSA.COM SITE, PRODUCTS OR SERVICES, AND/OR RESALE OF ANY PRODUCTS OR SERVICES THEREFROM. YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY OWIT OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
- Modifications and Interruption to Service
OWIT and its service providers utilize diligent efforts to maintain owitusa.com, but neither OWIT nor its service providers are responsible for any defects or failures associated with owitusa.com, including any services provided therewith, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
OWIT reserves the right to modify or discontinue the Service with or without notice to you. OWIT shall not be liable to you or any third party should we exercise our right to modify or discontinue OWIT.com or any part thereof. You acknowledge and accept that OWIT does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
owitusa.com and certain content may contain advertisements for or links to other Internet sites or resources. owitusa.com may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of OWITUSA.com. We encourage you to review said privacy policies of third-parties’ sites. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
- Governing Jurisdiction of the Courts
The laws of the District of Columbia will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that OWITUSA.com is appropriate, legal or available for use in other locations. Accordingly, you irrevocably submit to the jurisdiction of the courts located in the District of Columbia for all disputes. The application of the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act (UCITA) or any statute modeled after either of the above is expressly excluded. The provisions of this paragraph shall survive, even if you cease your use of OWITUSA.com.
- Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use OWITUSA.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements, specifically including any regulations regarding exporting items outside the United States.
- Copyright and Trademark Information
All Services included or available on OWITUSA.com, including site design, text, graphics, interfaces, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer.
- Intellectual Property Rights and Notices
Except for the licenses granted herein, you have no right, title or interest in or to OWITUSA.com. You agree that OWIT or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights.
OWITUSA.com, and any associated logos, site graphics, look and feel, etc. are either trademarks, service marks or registered trademarks of OWIT, Inc. or its licensors, and may not be copied, imitated, or used, in whole or in part, without OWIT’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
OWIT may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site(s) that are part of OWITUSA.com. Unless we have granted you licenses to our intellectual property, our providing you with OWITUSA.com does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
- Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact help@owitusa.com and provide the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, OWIT designates as its agent for receipt of notifications of claimed copyright infringement.
- Other Terms
If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by OWIT in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. You agree that by accepting these Terms of Service, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Notice.
- Privacy
OWIT has established a Privacy Notice to explain to you how your information is collected and used, which you can read at https://www.owitusa.com/privacy-notice/. Your use of OWITUSA.com signifies acknowledgment of, and agreement to, the OWITUSA.com Privacy Notice. You further acknowledge and agree that OWIT may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of OWIT, its employees, users and third parties, and the public, or as otherwise described in the Privacy Notice.
Notice for California Residents Only:
California Shine the Light Law
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please submit an inquiry to the following address: 1001 G Street NW, Suite 1200, Washington, DC 20001 ATTN: General Counsel. In your request, please specify that you want a "Your OWIT California Shine the Light Notice." Please allow 30 days for a response.
If you are a minor under 18 and have a profile on OWITUSA.com, you may ask us to remove reviews or other content that you posted on the site by writing to help@owitusa.com. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of the content that you posted.
California Consumer Privacy Act
Effective January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) provides California residents with the following rights:
- The right to request the deletion of your Personal Information.
- The right to request access to data. You may request a report no more than twice in a 12-month period. You can request the following information:
- Categories of Personal Information we collected about you during the preceding 12 months.
- Categories of sources from which we collected the Personal Information during the preceding 12 months.
- The business or commercial purpose(s) for collecting or selling your Personal Information during the preceding 12 months.
- Categories of third parties with whom we share the Personal Information during the preceding 12 months.
- The specific pieces of Personal Information we collected about you during the preceding 12 months.
- Categories of personal information we have sold and categories of third parties to whom your personal information was sold to during the preceding 12 months.
- Categories of personal information we disclosed about you for a business purpose during the preceding 12 months.
- Categories of third parties to whom personal information was disclosed for a business purpose during the preceding 12 months.
- The right to not be discriminated against if you choose to exercise any of your rights under the CCPA.
- We may collect the following categories of your Personal Information: identifiers (such as your name, mailing address, email address, and phone number); demographic information, including characteristics of protected classifications (such as age and gender); commercial information (such as products purchased); internet or other electronic network activity information (e.g. “cookies”); mobile device identifiers; geolocation data; audio, electronic, device, visual, or similar information; inferences drawn from any of the above (such as your interests and preferences). For purposes of this notice, the aforementioned categories are “Personal Information”.
- We disclose the following categories of Personal Information for a business purpose: identifiers; commercial information; device information; demographic information.
- We sell the following categories of Personal Information by sharing them with third-parties who provide services to us: identifiers; event information; demographic information; internet or other electronic network activity information.
- We collect your personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our offerings to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions. To do this, we combine personal and non-personal information, collected online and/or offline, including information from third party sources. We also use your information to follow up on your purchases and seek feedback and reviews on products.