Hi, I want to buy a lot of items from a retail website and resell them, but their browsewrap terms and conditions state "company does not sell to individuals or dealers for the purpose of resale to others". It also says something along the lines of they reserve the right to limit quantities.
It's my understanding that I am in the clear with regards to copyright law due to the first sale doctrine, but would I be at risk of being sued based on breach of contract or anything else here?
Breach of contract, interference with prospective business advantage, trademark violation,
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Divorce / Separation Lawyer
In regard to their browsewrap terms you confirm with the terms or the penalties if you don’t comply with the terms? Are they set forth n the language? From what limited information you have given it sounds like they could stop selling to you in the future. Is there any indication of any damages or penalties if in fact you do resell? Unless you are buying millions of dollars of product I can’t image anyone is gong to get too happy and excited in regard to litigation if you are really not operating in the big leagues.
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