The Surplus.com® web site AND SurplusExpo.com (also referred to as the "Site") is provided by Surplus.com® ("Surplus" or "SurplusExpo.com®") to you, (also referred to as "you" or "User") subject to the following Agreement ("Agreement") and any operating rules or policies that may be published from time to time by Surplus. Before you register to and/or begin participating in or using the Site, Surplus requires that you read and accept the following Agreement. BY CLICKING ON THE BUTTON MARKED "I ACCEPT THE TERMS AND CONDITIONS OF THE SURPLUS.COM® AND SurplusExpo.com USER AGREEMENT" ON THE SITE, YOU ACCEPT AND AGREE TO THIS AGREEMENT AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to this, you may not access or otherwise use the Site.
Changes to this Agreement: Surplus may, in its sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Agreement.
Surplus.com® AND SurplusExpo.com is ONLY a Venue: The Site is only a venue for registered sellers to conduct sales of equipment, assets and property, and for buyers to make offers on such property. Surplus is not involved in the actual transactions between buyers and sellers and therefore, has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. Surplus does not qualify buyers or sellers and does not confirm the identity of each User. There may be risks dealing with foreign nationals, underage persons or people acting under false pretense. Since appearance on the Site is not an indication of creditworthiness, trustworthiness, or acceptability, Users involved in a sale are advised to communicate directly with other Users to verify to the best of their knowledge the validity of the representation of a posted item. Because Surplus is not and can not be involved in dealings between Users, in the event that you have a dispute with another User (whether a buyer or seller), you hereby release Surplus, its directors, officers, employees, and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Modifications to Site: Surplus reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Surplus may impose limits on certain features of the Site or restrict your access to part or all of the Site or the Site without notice or penalty.
User Registration: The Site is available only to individuals and businesses who can form legally binding contracts under applicable law. Upon your acceptance of this Agreement, your completed Registration Form shall be submitted to Surplus. Surplus reserves the right to disapprove your registration or terminate your use of the Site for any reason at any time, in its sole discretion.
Email Address and Password: You are solely responsible in all respects for all use of and for protecting the confidentiality of your email address, the email verification number and your password. You may not share your email verification number or your password with any third parties or use such number or password for any unauthorized purposes.
User Conduct: You are solely responsible for the content and context of any User Information you post through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other User from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you will not post or transmit (e) any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Site) or engage in spamming or flooding. You also warrant and agree that you shall not: (g) impersonate or misrepresent your affiliation with any other person or entity; (h) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; or (i) attempt to gain unauthorized access to other computer systems through the Site.
Monitoring: You agree that Surplus has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, including but not limited to User Information and Listing Details (as defined below) anywhere on the Site, including but not limited to chat rooms, bulletin boards, e-mail and other forums. Notwithstanding this right, Surplus does not and cannot review all materials posted to the Site by Users and Surplus is not responsible for any such materials posted by Users.
Seller Conduct: In addition to the other obligations set forth in this Agreement, if you sell items on the Site or through the Site, you agree to abide by the following:
Listing Details: You shall be prompted to "post" each item for sale on the Site by providing and approving certain item information (collectively, "Listing Details") on the Listing Details form. Once you post the Listing Details of an item to the Site, the item becomes a "Posted Item."
Fees: For each Posted Item has a fee is to be paid to Surplus.com per your listing package contract. IF there are commissions involved on the sale. Special fees if any will be posted as to special listing advertising options when applicable.
Posted Items: When an item is posted to the Surplus.com AND SurplusExpo.com, you acknowledge and agree that you are extending an irrevocable offer to sell the posted item(s). If the item(s) has been sold at another location you shall remove the item from the available For Sale visible to the public area as soon as possible. If sold, and an order has been placed, you agree not to accept monies paid for the item and cancel the transaction without notice to the buyer.
Down Time: Because of equipment, power, connections and Internet related problems the site may come down for a period of time. Surplus.com does it best to help in an environment that this should not happen. Reasons beyond our controls can cause this and we will return as soon as possible. There can not be blame that would cause us to get a refund and there is no way to protect you or your business from that problem. Any one that seems to want a credit at that time, can request their item/s to be relisted at no charge on our site from their delay/s of a sale. This is the best we can offer for any and all damages to down time.
Seller's Warranties: As a seller, you represent and warrant that: (1) all Listing Details you provide shall be accurate and complete and shall accurately represent the conditions of the Posted Item at the expected sale date; (2) no Posted Item you provide for sale on the Site shall be fraudulent or counterfeit; (3) you have the right, through actual ownership or otherwise, to provide any Posted Item for sale on the Site and to sell the item through the Site; (4) the payment of the Commission Fee to Surplus for any Posted Item you provide shall not cause Surplus to violate any applicable law, statute, ordinance or regulation; and (5) you shall not provide as a Posted Item human beings, body parts, soiled clothing, pornography, bulk e-mail lists, switchblades, weapons or ammunitions. Surplus reserves the right to move Posted Items from one category to another, and to remove categories and Posted Items at any time, in its sole discretion. ALL SALES ARE AS-IS WHERE-IS unless stated otherweise.
Buyer Conduct: If you use the Site to buy a Posted Item, you acknowledge and agree that if, as of the close of a sale, you have placed the highest offer at or above the reserve price, you may not retract the offer, unless the Posting Information included a material inaccuracy or misrepresentation, or the Posted Item does not materially comply with the Posting Information. By placing an order, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of the law. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller. Orders are not retractable except in exceptional circumstances in which Surplus will determine. Once the order is accepted, you are obligated to complete the transaction with the seller. If order is placed on hold consequentially customer service intervenes in attempt to resolve the issue. Buyer and Seller's accounts can be blocked from Surplus.com at any time dependent upon extremity of circumstances.
No Price Manipulation: Sale price manipulation of any kind, directly or indirectly, by Users is prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for your own account and the Posted Items you have provided, by communicating with other buyers and sellers, or by shill bidding.
Taxes: You acknowledge and agree that Surplus does not take any responsibility to calculate report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with your use of the Site. You acknowledge and agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with your use of the Site.
DISCLAIMER OF WARRANTIES: THE SITE , INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SURPLUS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SURPLUS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY POSTING AN ITEM ON THE SITE, THE POSTED ITEM WILL BE SOLD. SURPLUS MAKES NO ENDORSEMENT OR WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURPLUS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. SURPLUS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SITE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER. LIMITATION OF LIABILITY: IN NO EVENT SHALL SURPLUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SURPLUS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF SURPLUS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $25.00.
Indemnification: You shall indemnify, defend and hold Surplus, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of this Agreement or any use by you of the Site or as a result of a dispute with another User. Surplus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Surplus.
No Agency: The relationship between you and Surplus is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Termination: This Agreement constitutes a binding agreement between you and Surplus until terminated by you or Surplus, which Surplus may do at any time, without notice, in Surplus's sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law: Dispute Resolution: This Agreement shall be governed by and in accordance with the laws of the State of Illinois, without regard to conflicts of law’s provisions. Any controversy involving Surplus arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate State or Federal court in Cook County, State of Illinois and you irrevocably consent to the jurisdiction of such courts.
Notices And Disclosures: Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of Surplus, green@Surplus.com firstname.lastname@example.org or, in the case of a User to either: (1) the e-mail address you provide to Surplus during the registration process, (2) the mailing address provided to Surplus during the registration process, or (3) such other address as you may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or, in the case of mailing, three (3) days after the date of mailing. , or
General Provisions: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or Surplus to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and Surplus and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
If you choose to contact Surplus.com® via phone, hard copy correspondence or email please utilize the following:
3050 Kay Jay Drive, Northbrook, IL 60062, USA
+1-847-450-0500 Correcting, Deleting, or Status Change of Information Receipt:
If you desire not to receive or wish to access, delete or correct your information, please send Surplus.com Inc. an email to:email@example.com
We reserve the right to revise these terms and conditions at our discretion. We encourage you to visit this site to keep informed of any policy that might be revised from time to time without notice to you."