Age and Eligibility
You represent and warrant that (i) you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is older, or (ii) if you are under the age of majority in your jurisdiction, you are at least thirteen(13) years of age and that you have the knowledge and consent of your parent or legal guardian to access the Site, in which case such parent or legal guardian will also be deemed to have agreed to this Agreement. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
Restrictions on Use
You may access and view the Site for personal, non-commercial use only. You agree to use the Site for lawful purposes only. You are responsible for maintaining the confidentiality of your account on the Site, and you agree to accept responsibility for all activities that occur under your account or password.
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Site as well as the selection, arrangement and organization of the foregoing and the Site as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy,all worldwide rights, titles and interests in and to which are owned by or licensed to the us or our suppliers. Certain trademarks, service marks and trade names on the Site are our registered or unregistered trademarks, service marks and trade names and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this Site is the property of us or our suppliers and is protected by U.S.and international copyright and other intellectual property laws. References on this Site to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.
The Content may not be copied,distributed, republished, uploaded, posted or transmitted in any way without our prior written consent, except that:
1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
2. Any copies of documents or pages from the Site must not alter the original Site content and must include our copyright notice: © 2014 Surplus Center. All Rights Reserved.
3. You may link to the Site provided that the link does not falsely imply or suggest that we have endorsed or are affiliated with the linked site.
You must not:
1. Monitor,gather or copy any Content on the Site by using any robot, “bot,” spider,crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
2. Frameor utilize framing techniques to enclose any trademark or other proprietaryinformation (including, without limitation, any images, text or pagelayout).
3. Engagein any activities through or in connection with the Site that seek to attemptto harm minors or are unlawful, offensive, obscene, threatening, harassing,abusive or that violate any right of any third party.
4.Attempt to circumvent the security systems of the Site.
5.Attempt to gain unauthorized access to services, materials, other accounts,computer systems or networks connected to any of our servers.
6.Attempt to use the Site for any purposes other than those we intend, asdetermined by us in our sole discretion.
7. Uploador submit any data or information that contains viruses or any other computercode, corrupt files or programs designed to interrupt, destroy or limit thefunctionality or disrupt any software, hardware, telecommunications, networks,servers or other equipment.
8. Engagein any activity that interferes with a user’s access to the Site or the properoperation of the Site. You also agree that, in using the Site, you will notimpersonate any person or entity.
The Content and the functionalityof the Site may be updated or changed at any time without prior notice. Inaddition, if we become aware that you are copying, modifying or distributingthe Content of the Site other than for the permitted uses of the Site, wereserve the right to revoke your right to these permitted uses.
Third Party Sites
Other than personal information which is subject to the Privacy Notice,all comments, feedback, suggestions, ideas, original materials such as stories,artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to us on or through the Site or otherwise disclosed,submitted or offered by you to us (collectively, “Submissions”) shall be and remain our property. Such disclosure, submission or offer of any Submissions and your agreement to these Terms shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. As such, we will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use,commercial or otherwise, of any Submissions. Further, we shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. We shall have no obligation to use, return, or review any Submissions. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us.
THE SITE IS PROVIDED BY ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE INFORMATION IN THE SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE,SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, CLAIMS, EXPENSES OF ANY KIND OR NATURE RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE SITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES OF AMERICA.
Intellectual Property & ThirdParty Trademarks
You should assume that everything you see or readon the Site is proprietary information protected by copyright or trademarkunless otherwise noted and may not be used except as provided in these Terms orwith our prior written permission. Nothing posted on the Site grants a licenseto any of our trademarks, copyrights or other intellectual property rights,whether by implication, estoppel or otherwise.
Trademarks displayed on the Site not owned by us are the property of their respective owners, who may or may not be affiliated with us. Nothing contained on the Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms, is strictly prohibited. We ask that you respect these rights.
Byyour use of the Site, you agree to defend, indemnify, and hold us harmless fromand against any and all claims, liabilities, damages, costs, and expenses,including attorneys’ fees, arising from or related to your use of the Site.
Shipping & Returns
Allitems purchased from us are done so pursuant to a shipment contract. Byordering from us, you agree that risk of loss and title for any purchased itemspasses to you upon our delivery to the shipping carrier. We are not responsibleor liable for any damage arising from shipment.
Weretain the sole and exclusive right as to whether a purchased item may bereturned or exchanged, or whether an order may be cancelled. We encourage youto use caution when placing an order.