A. Amendment of Terms.
B. Eligibility and Participation.
Without limitation to any other remedies,
eSurplus Network, LLC may (i) exclude any user from participating in
any transaction or potential transaction facilitated by or through the
Web Site for any reason and (ii) block any registration if the user
any behavior which eSurplus Network, LLC in its sole discretion regards
as likely to have an adverse effect on Web Site or the reputation of
eSurplus Network, LLC.
C. Registration, User ID and Password.
Users of the Web Site are not required to register however some services are not available without registration. After the registration is complete, eSurplus Network, LLC will send you an email containing an activation link which is required to activate your account. Once you have activated your account, you will be able to log in to your account. You may use each user ID and password individually or on behalf of the business you represent, as determined during the registration process. You will be responsible for the confidentiality and use of your user ID and password, and you will be held solely responsible for all communications made through the Web Site using your user ID and password. You must immediately notify eSurplus Network, LLC if you become aware of any loss or theft of your password or if you detect any unauthorized use of your password, user ID, or of the Web Site. eSurplus Network, LLC reserves the right to modify your user ID and/or password at any time and from time to time for security or other purposes as deemed necessary or appropriate. By registering, you consent to have eSurplus Network, LLC send you critical account information by fax, email, or standard mail.
By submitting any information during registration, the user represents and warrants that all such information is true and accurate, is not fraudulent, does not violate any law, statute, ordinance or regulation, is not defamatory or libelous, and does not contain any information or data that is intended to damage or interfere with any system, data, or information. eSurplus Network, LLC reserves the right to refuse registration and may revoke any Seller's privileges to use the Web Site and/or the Service at any time for any reason.
D. Transaction Process
The actual purchase and sale transactions between Buyers and Sellers do not occur on the Web Site, and eSurplus Network, LLC is not a party to those transactions. The Web Site enables Buyers and Sellers to buy and sell Items directly from each other, and each entity must facilitate the final transaction including arrangements for packaging, shipping, delivery, and pick up. Each Seller is obligated to sell Items based on the posted/Advertised price. Sellers will have several tiered price structures to select from when listing items for sale. Prices are determined based on the value of the advertised Item(s) and the preferred marketing choice. Once the listing fee has been processed and collected, the Item(s) will be advertised on the Web Site for the specified duration.
Any individual item advertised with a value greater than $200,000.00 will be listed on the Web Site free for an agreed upon duration from the listing date. The seller agrees to enter into a separate non-exclusive agreement with eSurplus Network, LLC for a negotiated commission. These items will generate a unique identifier during the registration process.
Because we are not involved in the actual
transaction between Buyers and Sellers, if you have a dispute with one
or more Sellers, you release eSurplus Network, LLC, its subsidiaries
and affiliates, and their respective officers, directors, agents, employees
and third party suppliers, from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you are a California resident,
you waive California Civil Code section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
F. Information Relating to Items.
Correct documentation, specification, and other information relating to Items are the exclusive responsibility of the Seller. Although eSurplus Network, LLC encourages Sellers to include as much Information relating to Items as possible, such Information is not verified or substantiated by eSurplus Network, LLC, and we cannot be held responsible in any way for any inaccuracies or omissions in such Information, regardless of its source. Unless the Seller expressly discloses otherwise, Seller will be deemed to represent and warrant to Buyer that Seller has good and marketable title to any Item advertised on the Web Site, free and clear of any lien or other encumbrance (other than statutory liens or other encumbrances arising in connection with Seller's ordinary course of business securing payments not yet due and payable and which will not have a material adverse effect on the Seller's ability to complete the transaction on the agreed-upon terms).
G. Item Labeling.
Sellers should provide detailed information
related to the Item advertised on the Web Site, including size, color,
serial and model numbers, and manufacturer name. Sellers warrant that
such Information is accurate. Sellers are encouraged to provide all
applicable details. Advertised items that can be sold individually should
also be identified as being sold "per item", or otherwise so that
each potential Buyer can properly purchase only those items wanted.
H. User Information.
"Information" includes any information you provide to eSurplus Network, LLC or other users during the registration or listing process, and any other information you provide to or through the Web Site. eSurplus Network, LLC accepts the Information supplied by various Sellers and Buyers, but does not assume responsibility for testing or verifying the accuracy of such Information, and does not endorse or approve of any product, service or other Item, of any Seller or Buyer. With respect to the Information you supply, you agree that:
1. You are solely responsible for notifying us of any changes to Information provided by you, so that such Information is current, complete, truthful and accurate at all times. eSurplus Network, LLC acts only as a passive conduit for online publication of your Information.
A. Buyers' Duty to Inspect Material.
Sellers will post the Item for sale on the Web Site. Each Item will include the location of the Item for Sale. All Items are advertised as accurately as possible; however, all descriptions and representations of Items on the Web Site serve as merely a guide, subject to change. Neither eSurplus Network, LLC, the Sellers, nor any third party making claims as to the description of Items on the Web Site, shall be liable for any errors on the Web Site. All Items will be sold ‘AS IS, WHERE IS, WITH ALL FAULTS' and without guarantee or warranty of any kind, unless otherwise expressly provided in the Item details. Buyers are solely responsible for the inspection of all Items, and accept such Items with any faults or defects.
B. Purchased Items
Payment transactions for all Items sold are the sole responsibility of the Buyer and Seller. The Seller must deactivate any items from the Web Site, once the item has been sold and the transaction process between Buyer and Seller has been completed. This action will prevent unnecessary inquiries pertaining to sold equipment.
C. Technical Issues.
Neither eSurplus Network, LLC nor any of its service providers or other business partners is responsible for any technical problems experienced by users of the Web Site or otherwise in connection with any proposed purchasing transactions between Buyers and Sellers.
D. Right to Re-Open or Remove an Item.
E. System Integrity.
You agree not to use any device, software or routine to knowingly or intentionally interfere or attempt to interfere with the proper working of the Web Site, any listing being conducted on the Web Site, or our Services. You may not knowingly or intentionally take any action that imposes an unreasonable or disproportionately large load on our equipment or infrastructure, with the intent of disrupting the Web Site. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
F. General Compliance with Laws.
You will comply with all applicable laws,
statutes, ordinances and regulations regarding your use of the Services
and listing, purchase and sale of Items.
A. Links to Third Parties' Sites.
This Web Site may contain links to sites maintained by third parties. eSurplus Network, LLC does not operate or control, in any respect, any software, hardware, information, products or services received on or through such third-party sites. Third-party links are included solely for the convenience of users, and do not constitute any endorsement, representation, warranty or guarantee by eSurplus Network, LLC of such third-party sites. You assume sole responsibility and risk for use of such third-party links.
B. Application Service Providers.
This Web Site may contain pages that are maintained or hosted by third parties, including application service providers (ASPs). eSurplus Network, LLC does not operate or control, in any respect, any software, hardware, information; products or services associated with or received on these pages of the Web Site, and cannot guarantee the privacy or security associated with these pages.
IV. INTELLECTUAL PROPERTY
A. eSurplus Network, LLC Property.
B. Limited License.
C. User Information.
YOU AGREE YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED, "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR ITEMS PURCHASED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION INFORMATION ON ITEMS PURCHASED, ADVERTISED, OR SOLD OR INTENDED TO BE PURCHASED, ADVERTISED, OR SOLD BY ANY BUYER OR SELLER BASED, IN ANY PART, ON INFORMATION OBTAINED THROUGH THE SERVICES. IN SOME CASES, ITEMS ADVERTISED ON THE SITE MAY CONTAIN HAZARDOUS SUBSTANCES OR MATERIALS - IT IS SOLELY THE OBLIGATION OF THE SELLER TO NOTIFY YOU OF SUCH SUBSTANCES OR MATERIALS AND YOUR SOLE RESPONSIBILITY TO MAKE APPROPRIATE ARRANGEMENTS IN HANDLING SUCH MATERIALS.
SPECIFICALLY, ESURPLUS NETWORK, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION, ITEMS, OR THE SERVICES; 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, 3) ANY WARRANTIES CONCERNING THE ABILITY OF A USER TO PROVIDE OR DELIVER ANY PRODUCT, SERVICE OR ITEM OR TO PAY A USER FOR ANY PRODUCT, SERVICE OR ITEM, AND 4) ANY WARRANTIES OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ESURPLUS NETWORK, LLC 'S SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ITEM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
eSurplus Network, LLC is committed to protecting the privacy of the users of the Web Site. However, eSurplus Network, LLC cannot guarantee the security of any information you disclose online, and you assume sole and complete risk for using this Web Site. eSurplus Network, LLC is not responsible for the security of any information transmitted via the Internet or any error or delay in transmitting any information over the Internet, including limitations as to authentication and privacy protection measures. You further acknowledge that data or information provided to or by the Web Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, phishing, system contamination (including, without limitation, viruses, worms, and Trojan horses) causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards or may not reach its destination or may reach an erroneous address or recipient.
B. Limitation of Liability.
Our Web Site serves as a venue for Sellers to list and sell Items and for Buyers to purchase for and enter contracts to purchase Items Advertised by Sellers. eSurplus Network, LLC 's role in any transaction is limited to providing the Services described in the preceding sentence and it is not involved in the actual transaction between Buyers and Sellers. As a result, eSurplus Network, LLC has no control over the quality, safety or legality of the Items advertised, the truth or accuracy of the listings or other related content, and the ability of Sellers to sell Items or the ability of Buyers to buy Items. We cannot and do not control whether Sellers will complete the sale of Items they offer or whether Buyers will complete the purchase of Items.
Because we do not and cannot control the actions of users of the Web Site, in the event that you have a dispute with one or more users, you hereby release eSurplus Network, LLC and its employees, agents, successors, officers, directors, assigns and affiliates (collectively, the "eSurplus Network, LLC Affiliates") from any and all claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. To the extent allowed, you waive the provisions of any state law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
A. eSurplus Network, LLC Right to Terminate.
eSurplus Network, LLC reserves the right in its sole discretion to refuse the Services to any user at any time. Further, eSurplus Network, LLC reserves the right to terminate the listing of any Item at any time with no liability to the Seller or prospective Buyer of such Item.
B. Your Right to Terminate.
D. Governing Law.
Questions? Please call us (432) 559-0506 or email us using the form at the contact us page.