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| Terms & Conditions |
This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.surplusonthe.net (the "Site") and the general principles for the website. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions, please review our Frequently Asked Questions and our Privacy Policy. By registering with the surplusonthe.net ("SOTN" or "Site") on-line auction service, you agree to all of the following terms and conditions.
1. Eligibility: Our services are available only to, and may only
be used by individuals who can form legally binding contracts under applicable
law. You must be of the legal age of twenty-one to register with SOTN. As a Buyer,
you agree to complete all transactions that you are the winning or successful
Buyer. You understand and agree that placing a bid is entering into a legally
binding contract. You further understand and agree and that there are penalties
for not completing each awarded auction purchase. Surplusonthe.NET maintains the
right to refuse service to any person for any reason. Your SOTN account (including
feedback) and User ID may not be transferred or sold to another party. If you
are registering as a business entity, you represent that you have the authority
to bind that entity to this Agreement.
2. Fees and Services: There are no fees or costs required for
registering as a Bidder/Buyer and placing bids on Surplusonthe.NET. However, if
you are the successful or winning Buyer, you are responsible for payment in the
acceptable forms, as posted by each Seller. You are also responsible for settlement
of the transaction within the stated times as posted and required by each Seller.
You agree to read the general Terms & Conditions as well as specific ones posted
by the Seller. Buyer pays Seller directly at the close of the auction. The Seller
pays all SOTN fees. We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, the fees for that service
are effective at the launch of the service. Unless otherwise stated, all fees
are quoted in U.S. Dollars. You are responsible for paying all fees associated
with using our service and the Site and all applicable taxes.
3. Bidding: You agree to be bound by the terms and conditions
of sale for each item and complete the transaction if you are the successful Buyer.
If you do not complete the purchase transaction for the item (s) that you were
the successful Buyer on, you will be banned from the SOTN site and prohibited
from using the SOTN on-line auction service in the future. You are also responsible
for not engaging in any illegal or unlawful listings, even if not detected and
blocked or removed by SOTN. Each Seller reserves the right to use the automated
"Reserve Bid" listing with the automated proxy bid increments that are associated
with this bidding process.
4. Accuracy of information: Surplusonthe.NET does not control
the information provided by Sellers and Buyers that is posted and accepts no responsibility
for its accuracy. SOTN allows Sellers to list items for sale and potential Buyers
to bid on those items. SOTN is not a party to the actual transaction between Buyers
and Sellers. SOTN does not have control over the items listed or the truth and
accuracy of the various listings, the ability of Sellers to legally sell items
or the ability of Buyers to buy items. We cannot guarantee or assure that any
transaction will actually be completed.
5. Authentication: While Surplusonthe.NET registers bidders or
potential Buyers and Sellers and attempts to confirm that the information provided
is accurate, it does not guarantee the authentication of their identities or the
accuracy of the information provided. However, when registering and using false
or misleading information with the intent to do harm to SOTN, the Sellers, or
to other Buyers, will be considered an act of tortuous interference with business
or interstate commerce under applicable laws
6. Identity Verification: We use many techniques to verify the
accuracy of the information our users provide us when they register on the Site.
However, because user verification on the Internet is difficult, SOTN cannot and
does not confirm each user's purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate with whom you are dealing. We also encourage
you to communicate directly with potential trading partners through the tools
available on the Site. You may also wish to consider using a third party escrow
service or services that provide additional user verification.
7. SOTN is not an Auctioneer. Although we are commonly referred
to as an online auction web site, please note that we are not a traditional auctioneer.
Instead, SOTN acts as a venue for anyone to offer, sell, and buy almost anything,
at anytime, from anywhere, in a variety of pricing formats, including a "strike"
or fixed price format as well as an auction-style format commonly referred to
as "online auctions". We are not involved in the actual transaction between Buyers
and Sellers. As a result, we have no control over the quality, safety or legality
of the items listed, the truth or accuracy of the listings, the ability of Sellers
to sell items or the ability of Buyers to pay for items and complete the transaction.
We cannot ensure that a Buyer or Seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of items from the Seller to the
Buyer,
8. Release from liability: All actual transactions occur between
the Buyer and the Seller. Surplusonthe.NET is not a party to these transactions.
You agree to release SOTN, its officers, directors, employees, agents, affiliates,
successors and assigns and any other parties associated with Surplusonthe.NET
(collectively, SOTN) from any and all claims, including claims for demands, damages,
actions, causes of actions, suits of any kind and liabilities, attorney's fees
and expenses, (collectively, the "claims") that may result from your use of our
services. Under NO CIRCUMSTANCES will SOTN be liable for lost profits or any consequential
damages claimed as the result of use of our service, transactions completed or
not or any connectivity to SOTN, our services or this agreement.
9. Indemnity: You agree to indemnify, defend and hold harmless
Surplusonthe.NET from and against any and all debts, liabilities, obligations,
claims, suits, judgments, damages, expenses, including attorney's fees, and demands,
made or incurred by any third party arising out of your breach or alleged breach
of this agreement or your violation or alleged violation of any applicable law
or any rights of a third party.
10. Provided Information: You must be legally able to sell the
item(s) you list for sale on the Site. You agree that any information provided
by you to Surplusonthe.NET is accurate and honest; is not fraudulent or willfully
misleading; does not infringe upon any patent, trademark, copyright, trade secret,
or other proprietary rights or rights of privacy; does not violate any law, statute,
ordinance, or regulation; will not be defamatory, trade libelous, unlawfully threatening
or harassing; will not be obscene or contain pornography; does not contain any
viruses, Trojan horses, worms, or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept, or
expropriate any system, data or personal information from the SOTN systems or
those of its users; will not create liability for us; and does not link directly
or indirectly to sites or organizations in direct or indirect competition withSurplusonthe.NET.
You must describe your item and all terms of sale on the listing page of the Site.
Your listings may only include text descriptions, graphics, pictures and other
content relevant to the sale of that item. All listed items must be listed in
an appropriate category. All items in multiple item listings must be identical.
11. Interference: You agree that you will not use any device,
software, or routine to interfere or attempt to interfere with the proper working
of our site or any auction being conducted on our site. You agree not to use any
robot, spider, Spyware or other device, automated or manual processes, to monitor
or copy our web pages or the content contained therein without our prior written
permission. You further agree that you will not take any action that imposes a
disproportionately large amount of information or data load on our system. You
agree that you will not use any robot, spider, scraper or other automated means
to access the Site for any purpose without our express written permission. Additionally,
you agree that you will not: (i) take any action that imposes, or may impose in
our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly
display any content (except for Your Information) from the Site without the prior
expressed written permission of SOTN and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or
any activities conducted on the Site; or (iv) bypass our robot exclusion headers
or other measures we may use to prevent or restrict access to the Site.
12. Binding Bids: If you receive at least one bid at or above
your stated minimum price (or in the case of reserve auctions, at or above the
reserve price), you are obligated as the Seller to complete the transaction with
the highest bidder upon the auction's completion, unless there is an exceptional
circumstance, such as: (a) the buyer fails to meet the terms of your listing (such
as payment method), or (b) you cannot authenticate the buyer's identity.
13. No Warranty: Surplusonthe.NET Services are provided "AS IS"
and are without any warranty, express, implied or statutory. Operation of the
SOTN site is dependent upon many outside factors beyond our control. SOTN does
not guarantee continuous, uninterrupted service, or a secure operation. SOTN expressly
disclaims all implied warranties of title, fitness, merchantability or any application.
Some states and jurisdictions do not permit the disclaimer of implied warranties.
In those locations, this disclaimer may not apply. This warranty gives you specific
legal rights and you may also have other legal rights which may vary from state
to state.
14. Legal Compliance: You agree to comply with all applicable
laws, statutes, ordinances and regulations regarding your use of our service.
Bidding on an asset with the intent not to complete the transaction or bidding
on multiple assets causing disruption to the process and not completing the transactions
will be considered in most jurisdictions as fraud and may be prosecuted to the
fullest extent of the law.
15. No Agency Relationship: No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
between you and Surplusonthe.NET by this Agreement.
16. Resolution of Disputes: In the event a dispute arises between
you and SOTN, our goal is to provide you with a neutral and cost effective means
of resolving the dispute quickly. Accordingly, you and SOTN, agree that any claim
or controversy at law or equity that arises out of this Agreement or our services
shall be resolved in accordance with one of the subsections below or as otherwise
mutually agreed upon in writing by the parties. Before resorting to these alternatives,
we strongly encourage you to first contact us directly to seek a resolution and
we will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation, as an alternative to litigation.
17. Arbitration: Any controversy or claim arising out of or relating
to this Agreement, the breach thereof, or our services, which exceeds $10,000.00,
shall, at the sole discretion of Surplusonthe.NET, be settled by binding arbitration
administered by the American Arbitration Association under its Commercial Arbitration
Rules, and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. Any such controversy or claim shall
be addressed on an individual basis, and shall not be consolidated with any claim
or controversy of any other party. For any Claim (excluding Claims for injunctive
or other equitable relief) where the total amount of the award sought is less
than $10,000, you or SOTN may elect to resolve the dispute through binding arbitration
conducted by telephone, on-line and/or based solely upon written submissions where
no in-person appearance is required. In such cases, the arbitration shall be administered
by the American Arbitration Association or JAMS in accordance with their applicable
rules, or any other established ADR provider mutually agreed upon by the parties.
Any judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
18. Governance: This Agreement shall be governed in all respects
by the laws of the State of Alabama as such laws are applied to agreements entered
into and performed entirely within Alabama. Specifically, you and SOTN agree to
submit to the personal jurisdiction of the courts located within the county of
Montgomery, Alabama.
19. Exclusivity: The SOTN proprietary Internet based auction
system, environment and all components (collectively, the "System") offered by
Surplusonthe.NET under this Agreement is and will remain the exclusive property
of SOTN. SOTN retains and reserves all rights to the proprietary intellectual
property, including, but not limited to, all copyrights and trademarks, of and
to the System.
20. Defaults: In the event you default under this Agreement by
failing to consummate the purchase for which you are the winning and awarded bidder,
or if you fail to pay the requisite SOTN Seller fees, any other default, SOTN
may elect to enforce this Agreement and may, in addition to any other rights at
law, bring suit to collect all fees due us. In the event SOTN elects to retain
a collection agency to protect our rights, including collecting due fees, you
will be responsible for paying all reasonable related costs.
21. Consent to e-mail correspondence. You agree and consent to
allow Surplusonthe.NET send future correspondence to you via electronic mail ("e-mail").
These e-mails will notify you of upcoming or existing auctions or items that SOTN
believes may be of interest to you. SOTN agrees that all such e-mail correspondence
shall; a) be clearly and conspicuously identified as sent by Surplusonthe.NET;
(b) shall define and describe how you may elect not to receive such e-mail correspondence
in the future; and (c) will clearly and conspicuously display return e-mail address
to allow you to reply to SOTN. SOTN further agrees that it will never sell or
transfer your e-mail addresses to other third parties and will treat this as proprietary
and confidential information.
22. Severability: If any provision of this Agreement is determined
to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
23. Non-waiver: Our failure to enforce any provision of this
Agreement at any time does not waive our right to enforce the same or any other
related provision(s) in the future.
24. Binding Effect: This Agreement shall inure to the benefit
of and be binding upon the parties hereto and their respective successors and
assigns. All warranties, covenants and representations of the parties shall survive
termination of the Agreement.
25. Entire Agreement: This Agreement sets forth the entire understanding
and agreement between SOTN and Seller and/or Buyer with respect to the subject
matter hereof.
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