WEBSITE USE AGREEMENT
1. ACCEPTANCE OF TERMS
This terms of this Use Agreement (“Agreement”) is made by and between Surplus Industrial Supply.com Inc. (“Surplus Industrial Supply”) and any visitor to this website (“you” or “user”). This agreement contains the terms and conditions that govern your use of this website. By accessing, visiting, browsing, using, or attempting to interact with any part of this website, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of this website. Surplus Industrial Supply reserves the right to make changes to this Agreement at any time, with or without notice to you.
To access restricted areas of this site and other website resources, you may be asked to provide personal details or other information such as a login or password. By using this website, you agree that all the information you provide will be correct, current, and complete.
You may use this website only for purposes expressly permitted by this site. By accessing, visiting, browsing, using or attempting to interact with any part of this site, you agree not to use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You also agree not to use Surplus Industrial Supply’s website in any manner which could disable, overburden, damage, 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, content or information through any means not intentionally made available or provided for through the website. This prohibition includes, but is not limited to, any effort by you to reverse engineer, disassemble, resell or otherwise modify any of the material or content available throughout this website. Framing this website, or displaying any name, logo, trademark, or other means of identification of any party in such a manner as to give the impression that such other party has the right to display, publish, or distribute any portion of this site is strictly prohibited.
Surplus Industrial Supply is located in, and operates it website from, the United State of America and makes no representation that the materials, services or content of this website are appropriate or available outside of the United States. By accessing, visiting, browsing or attempting to interact with any part of this website, you agree to comply with all applicable laws regarding the transmission of materials, services, and online content, including the laws of the United States and all applicable local laws regarding the export or re-export of materials, services or online content. Specifically, you represent that you are not in a country where such export is prohibited and that you are not providing access to any person to which access is prohibited.
4. PROPRIETARY INFORMATION
The material and content accessible from this site owned, operated, licensed, or otherwise controlled by Surplus Industrial Supply (the “Content”) is the proprietary information of Surplus Industrial Supply or the party that provided or licensed the Content to Surplus Industrial Supply. Neither title to, nor rights in, Surplus Industrial Supply’s intellectual property is transferred to you by access to this site. Modification or use of the Content except as expressly provided in this Agreement violates the owner’s intellectual property rights. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Surplus Industrial Supply.
5. THIRD-PARTY SITES
This site may be linked to various third-party websites that are not maintained by, or related to, Surplus Industrial Supply. Surplus Industrial Supply has not reviewed any or all such sites and is not responsible for the content of those sites. Surplus Industrial Supply is not responsible for any form of transmission received from any third party site. Links are to be accessed at your own risk, and Surplus Industrial Supply makes no representations or warranties about the content, completeness or accuracy of these links or the third-party sites themselves. Surplus Industrial Supply provides such links as a convenience, and the inclusion of any link to a third-party site does not necessarily imply endorsement by Surplus Industrial Supply of that site or any association with its operators.
6. DISCLAIMER OF WARRANTIES
The information contained throughout Surplus Industrial Supply’s website is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Surplus Industrial Supply.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SURPLUS INDUSTRIAL SUPPLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SURPLUS INDUSTRIAL SUPPLY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURPLUS INDUSTRIAL SUPPLY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SURPLUS INDUSTRIAL SUPPLY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SURPLUS INDUSTRIAL SUPPLY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SURPLUS INDUSTRIAL SUPPLY MAKES 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.
All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information posted on this site. Surplus Industrial Supply does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
7. LIMITATION ON LIABILITY
Surplus Industrial Supply, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Surplus Industrial Supply has been advised of the possibility of such damages.
8. EXCLUSIONS AND LIMITATIONS
The exclusion of certain warranties or the limitation, or exclusion of, liability for incidental or consequential damages is not allowed in certain jurisdictions. Therefore, the limitations set forth above may or may not apply to every visitor to our website.
9. TERMINATION OR RESTRICTION OF ACCESS
Surplus Industrial Supply reserves the right, in its sole discretion, to terminate your access to this website, or any portion thereof, at any time and without notice.
You will indemnify and hold Surplus Industrial Supply, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that Surplus Industrial Supply will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fee of Surplus Industrial Supply in connection therewith. You will also indemnify and hold Surplus Industrial Supply harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
11. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Surplus Industrial or the party that provided the trademarks, service marks, logos, and copyrighted works to Surplus Industrial Supply. Surplus Industrial Supply and any party that provided trademarks, service marks, logos, and copyrighted works to Surplus Industrial Supply retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. Therefore, you may not copy, imitate or use any portion of any trademark, service mark, logo, or copyrighted work unless you obtain prior written consent from Surplus Industrial Supply or the party that owns the respective intellectual property right(s). You may not copy other elements of this website, including, but not limited to, any and all graphics, photographs, digital images or icons.
Login and passwords used for this site are for individual use only. You will be responsible for the security of your password. Surplus Industrial Supply will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Surplus Industrial Supply considers insecure, Surplus Industrial Supply will be entitled to require the password be changed, and if necessary, terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and accounts. The use or distribution of tools designed for compromising security (i.e., password guessing programs, cracking tools or network probing tools) is strictly prohibited.
13. CHOICE OF LAW AND JURISDICTION
This Agreement will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and Surplus Industrial Supply arising out of this Agreement or pertaining to the subject matter hereof. You will also agree that the exclusive venue for any dispute between the parties arising out of the Agreement will be in the state and federal courts in Michigan, and that you will not assert jurisdiction in any other court or tribunal anywhere in the world.
14. GENERAL INFORMATION
This Agreement constitutes the entire agreement relating to this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Surplus Industrial Supply. Surplus Industrial Supply may revise this Agreement at any time by updating this posting. If a court decides that any provision of this Agreement is unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Surplus Industrial Supply as a result of this Agreement or use of Surplus Industrial Supply’s website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding any of the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.