|Terms & 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 force 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 Terms & Conditions posted by each Seller. Buyer pays Seller directly based upon receipt of a detailed Invoice. The Seller pays all SOTN fees. SOTN may, at 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. Individual Invoices provide payment terms and conditions for each purchased by Seller.
3. Bidding: You agree to be bound by the terms and conditions of sale listed for each individual item and to 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 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. For items listed with "Reserve Not Met" advises that the Seller has a mandatory reserve or "minimum" price that must be attained before the item will be sold.
4. Accuracy of information: SOTN allows Sellers to list items for sale and potential Buyers to bid on those items. On-site inspections of each item are encouraged by Buyer or Buyer's representative. Terms and conditions and as well as details and pictures for each item are listed with each item. The final sale is governed by the Terms and Conditions stated on the Invoice from the Seller to the Buyer. SOTN makes every effort to verify the accuracy of each item's condition, to assure Title or Bill of Sale will have no liens or encumbrances, as provided/conveyed by each Seller. All sales are based upon detailed Invoices for each item. Payment details and terms and conditions are stated on each Invoice. When funds for payment are received/verified/confirmed, a corresponding Title or Bill of Sale is provided to the Buyer from the Seller confirming there are no liens or encumbrances remaining.
5. Authentication: While Surplusonthe.NET registers bidders or potential Buyers and Sellers and makes determined efforts to confirm that the information provided is accurate, it can 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: SOTN uses many methods and 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 can not confirm each user's purported identity. Buyers may also wish to consider using a third-party inspection and/or escrow service to provide additional verification.
7. SOTN is not an Auctioneer. Although we are commonly referred to as an online auction website, please note that we are not a traditional auctioneer.
SOTN acts as a venue for registrants to offer, sell, and buy almost anything, at anytime, from anywhere, in a variety of pricing formats, including a "strike" or fixed price or "Buy Now" format as well as an automated auction-style format commonly referred to as "online auctions".
8. Release from liability: All transactions occur between the Buyer and the Seller. 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 all 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 malware 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 with Surplusonthe.NET.
All Sellers must accurately, honestly and clearly describe each item and provide multiple pictures/digital images. All Selle's terms and condition of sale must be on the page.
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 Seller receives at least one bid at or above the stated minimum or'reserve' price (as in the case of 'reserve' auctions, identified by red fonts of "Reserve not met"), Seller is obligated to complete the transaction with the highest bidder upon the auction's completion. Exceptional circumstances are: (a) the Buyer fails to meet the terms of Seller's listing (such as payment method), or (b) Seller 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
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 itemized Invoice for the item or items purchased or agreed to Seller fees, 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 to 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 urplusonthe.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.