Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  THIS IS A BINDING LEGAL AGREEMENT.  BY ACCESSING AND CONTINUING TO USE THE WEBSITE, YOU AGREE TO THESE TERMS OF USE.  PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE.

 

Surplus Freight Furniture’s (collectively, “Surplus”, “us”, “our” or “we”) provide various websites to users.  Our websites include without limitation, https://www.surplusfreight.com/ and web pages operated by Web Cabin LLC (collectively, the “Website”).  The Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms of Use (the “Terms”).  Your use of the Website constitutes your agreement to all such Terms. Please keep a copy of these Terms for your reference.

Privacy

Your use of the Website is subject to Surplus’s Privacy Policy, which also governs the Website and informs users of our data collection practices.  The Privacy Policy is available at https://www.surplusfreight.com/privacy-policy

Electronic Communication

Visiting the Website or sending emails to us constitutes electronic communication. You consent to receiving electronic communication.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to be responsible for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that Surplus is not responsible for third-party access to your account that results from theft or misappropriation of your account or password.  Surplus reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Surplus does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of 13, you may use the Website only with the permission of a parent or guardian.

Links to Third Party Sites/Third-Party Services

Surplus may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Surplus and we are not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Surplus is providing the links to you only as a convenience, and the inclusion of any link does not imply endorsement by Surplus of the Linked Site or any association with its operators.

Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Surplus may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms.  As a condition of your use of the Website, you warrant to Surplus that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.  You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Surplus or its suppliers and is protected by copyright and other laws the protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivate works or in any way exploit any of the content, in whole or in part, found on the Website.  Surplus content is not for resale.  Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use and will make no other use of the content.  We do not grant you any licenses, express or implied, to the intellectual property of Surplus or our licenses except as expressly authorized by these Terms.

International Users

The Website is controlled, operated and administered by Surplus from our offices in the USA.  If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Surplus content accessed through the Website in any country or in any manner prohibited by applicable laws, restriction or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Surplus, and its officers, directors, employees, agents and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website, any user posting made by you, your violation of these Terms or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulation.  Surplus reserves the right, at its own cost, to assume the exclusion defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHIC ERRORS.  SURPLUS AND/OR ITS SUPPLIERS MAY MAKE ADDITIONS, DELETIONS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.

SURPLUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  SURPLUS AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURPLUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, LOSS OF BUSINESS OR DAMAGE TO GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON THE CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF THE WEBSITE, EVEN IF SURPLUS AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

Surplus reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Ohio.  You hereby consent to the exclusive jurisdiction and venue of the Courts of the State of Ohio in all disputes arising out of or relating to the use of the Website.  Use of the Website is unauthorized in any jurisdiction that does give effect to all provisions of these Terms, including, without limitations, this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Surplus as a result of these Terms or use of the Website.  Surplus’s performance is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Surplus’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Surplus with respect to such use.  If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified in these Terms, these Terms constitute the entire agreement between user and Surplus with respect to the Website.  Further, these Terms supersede all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the user and Surplus with respect to the Website.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Changes to Terms

Surplus reserves the right, in its sole discretion, to change these Terms under which the Websites are offered. The most current version of these Terms will supersede all previous versions.  Surplus encourages you to periodically review the Terms to stay informed of our updates.

 

Last modified: December 1, 2019