Terms & Conditions



WHEREAS, the Company is in the business of advertising, on line and for sale, distressed inventory, as defined below, for individuals and entities in the building materials sales industries and businesses; and

WHEREAS, the Company will advertise said distressed inventory for a subscription fee on the internet as described by the Subscriber and approved by the Company, said fee to be in accordance with the fee schedule described on the website and incorporated by reference; and

WHEREAS, distressed inventory is described as follows:

  1. Inventory that has been owned, paid for and inventoried on hand by the Subscriber for a period of no less than One Hundred and Eighty (180) days;
  2. Inventory that is classified as either Discontinued, Special Ordered and not sold, Abandoned, Odd-Sized or Returned and determined to not be salable in the normal course of business;

NOW THEREFORE, the parties hereto agree as follows:

  1. All inventory to be posted for sale on the Company’s website must be accurate and verifiable by the Company and potential purchasers and the Company shall not be responsible for any information posted by a Subscriber;
  2. Each subscription shall be good for up to ten (10) business locations per company including related entities and individuals;
  3. All shipping, pick-ups and deliveries of building materials or other approved products sold by the Subscriber are the sole and exclusive responsibility of the Subscriber and purchaser and the Company shall have no responsibility therefore. The Subscriber agrees to hold the Company, its owners, employees or agents, harmless from all liability, including all costs associated with any conflicts or litigation, with either  the Company or a potential purchaser, including Court costs and reasonable attorney’s fees.
  4. In the event it is determined by the Company that the Subscriber is posting inventory that does not meet the criteria of being distressed inventory as described herein, said Subscriber maybe removed from the Company’s website and any or all fees paid by the Subscriber shall by forfeited.
  5. This Agreement shall be construed in accordance with and governed by the laws of the State of Missouri.
  6. The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective heirs, executors, legal representatives, successors and assigns.
  7. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any Court of competent jurisdiction, the validity and enforceability of the remaining provisions or any portion thereof, shall not be affected.
  8. Neither party may assign its rights nor obligations under this Agreement without prior written consent of the other party thereto.