Terms and Conditions

Terms of Use

Welcome to www.surplusrecord.com. These Terms of Use are entered into by and between you (“User” or “You”) and Surplus Record LLC (“Surplus Record,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.surplusrecord.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound by and to abide by these Terms of Use, including our Privacy Policy, found at https://surplusrecord.com/privacy-policy/ (“Privacy Policy”), which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the Website.

Purpose and Limitation of Use

 The Website is comprised of various web pages operated by Surplus Record. The Website is a search engine for used and new industrial machinery & equipment. The Website is used to help sellers of equipment advertise and market what equipment they have for sale and to connect prospective equipment buyers with sellers. Any use of the Website other than for the aforementioned purposes is strictly prohibited.

Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice at any time. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that anyone else who accesses the Website through your internet connection is aware of, and complies with, these Terms of Use.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our account creation procedures, you are responsible for maintaining the confidentiality of all such information and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not assign or otherwise transfer your account to any other person or entity. You may not create user accounts by automated means or using false data or for fraudulent purposes. You acknowledge that Surplus Record is not responsible for third party access to your account that results from theft or misappropriation of your account or your username and password. 

We reserve the right to disable any username or password, refuse or cancel service, terminate accounts, or remove or edit content at any time, for any reason, in our sole and absolute discretion.
 

Links to Third Party Sites/Third Party Services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Surplus Record and Surplus Record is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Surplus Record is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Surplus Record of the site or any association with its operators.
 
Certain services made available via the Website are delivered by third party sites and organizations. By using any such product, service or functionality, you hereby acknowledge and consent to Surplus Record sharing such information and data with any such third party delivering such product, service, or functionality, to provide the requested product, service or functionality.

No Unlawful or Prohibited Use/Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website strictly in accordance with these Terms of Use for your legitimate business purposes only. 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 from or through the Website through any means not intentionally made available or provided for such purposes by the Website.
  
You will not copy, adapt, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, publicly display, publicly perform, or in any way exploit any of the content, in whole or in part, found on the Site. You will not use any robot, automated software, or “bot” or “spider” crawling software to “scrape” or otherwise copy Surplus Record’s content. Surplus Record 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 legitimate business use, and will make no other use of the content without the express written permission of Surplus Record and the copyright owner with respect to any such content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Surplus Record or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Surplus Record from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Website, or any content accessed through the Website, in any country where, or in any manner, prohibited by any applicable laws, restrictions or regulations.

Returns and Refunds 

All terms of sale are solely as dictated by the seller a given item or as otherwise expressly agreed to between a seller and buyer. If you are a buyer, you are solely responsible for thoroughly evaluating all listings and communicating directly with sellers to ensure the equipment meets your requirements prior to purchase, verifying that the seller in question is a bona fide seller, and confirming the terms of purchase and sale that will apply to the purchase and sale of any item offered for sale through the Website, including any applicable Seller’s shipping terms and policies, return or refund policy, and warranty terms, if any. Surplus Record makes no guarantees or assurances with respect to any purchase arranged in whole or in part through the Website. Surplus Record does not offer returns or refunds with respect to any such purchase, nor does Surplus Record make assurances as to the performance of any seller. Surplus Record assumes no responsibility for any disputes arising from sales transactions. You hereby release Surplus Record of any liability for any loss you may incur, whether directly or indirectly, as a result of your use of the Website.

Payment Terms and Taxes 

If you seek to purchase any item through the Website, you are responsible for adhering to the payment terms dictated by or agreed to with the seller of the item you seek to purchase in order to complete any such purchase. Surplus Record does not collect payment for the purchase of any product listed for sale on the Website and makes no guaranty as to the availability of or your ability to successfully complete a purchase of any item listed for sale on the Website. By making any payment to a seller, you acknowledge and agree to such seller’s terms and conditions. Unless otherwise specified in a written agreement authorized by the seller, all machinery and equipment are sold “as is.” 

The listed prices generally exclude federal, state, and local taxes, which are the buyer’s responsibility and must be paid in addition to the purchase price. Buyers are responsible for any applicable foreign duties or taxes. If the buyer fails to provide a valid tax exemption certificate, any sales, use, excise, or similar taxes will be charged accordingly. If you, as a buyer, do not pay these taxes or fail to supply a valid exemption certificate, you agree to indemnify and hold Surplus Record harmless for any resulting liability or expenses, including legal fees. 

Shipping costs are not included in the listed prices. Sellers may offer standard shipping options, but buyers are responsible for confirming all shipping policies and arrangements directly with the seller. By placing any purchase order with a seller through the Website, you agree to such seller’s shipping policies. Surplus Record does not take responsibility for and makes no guaranties or assurances with respect to the shipping method, timeframe, or otherwise with respect to any item purchased through the Website. 

Indemnification
You agree to indemnify, defend and hold harmless Surplus Record, its officers, directors, employees, agents and affiliates, 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 or services offer through the Website, any user postings made by you, your violation of any of these Terms of Use, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Surplus Record reserves the right, in its sole and absolute discretion and at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Surplus Record in asserting any available defenses.

Use of Communication Services
The Website may contain message boards, forums, bulletin boards, and other interactive features (collectively, “Communication Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contribution for any purpose. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant the license described above to us and our licensees, successors, and assigns.
• Your posting of any User Contribution does not infringe upon the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights, or otherwise violate the legal rights (including the rights of publicity and privacy) of any individual or entity, and your User Contributions do not contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Surplus Record, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Surplus Record is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

Surplus Record has no obligation to monitor the Communication Services. However, Surplus Record reserves the right to review materials posted to a Communication Service and to remove any materials, for any or no reason, in its sole and absolute discretion. Surplus Record reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any or no reason whatsoever. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY SUBMISSION POSTED BY YOU, BY US ON YOUR BEHALF OR ANY THIRD PARTY.

Surplus Record reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Surplus Record’s sole and absolute discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Surplus Record does not control or endorse the content, messages or information found in any Communication Service and, therefore, Surplus Record specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Unless explicitly designated as such, the users of any Communication Service are not authorized Surplus Record spokespersons, and their views do not necessarily reflect those of Surplus Record.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

No compensation will be paid with respect to the use of your Submission, as provided herein. Surplus Record is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Surplus Record’s sole discretion.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Thomas M. Scanlan

20 North Wacker Dr. Ste 2400
Chicago, Illinois 60606

(312)372-9077

Email: surplus [at] surplusrecord [dot] com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Cook County, Illinois, applying Illinois law. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Transactions, Financial/General Interactions, User Communications

Surplus Record is not a participant in, does not have any stake in, offers no endorsements or guarantees for, and bears no responsibility or liability concerning any communications, transactions (including financial), engagements, conflicts, or any relationships whatsoever between you and any other user, individual, or entity. Surplus Record is not able to verify the legitimacy of each listing of equipment posted to the website. It is your responsibility to carry out any required, suitable, wise, or careful investigation, inspection, inquiry, research, or due diligence concerning your engagements when communicating with a seller or buyer of equipment on Surplus Record.

Reliance on Information Posted

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. We do not warrant the accuracy, completeness, or usefulness of this information. any reliance you place on such information is strictly at your own risk. The Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by Surplus Record, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Surplus Record. Surplus Record is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, SURPLUS RECORD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SURPLUS RECORD NOR ANY PERSON ASSOCIATED WITH SURPLUS RECORD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SURPLUS RECORD NOR ANYONE ASSOCIATED WITH RECORD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, SURPLUS RECORD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURPLUS RECORD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, 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 CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SURPLUS RECORD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Miscellaneous
This agreement is governed by the laws of the State of Illinois. You hereby consent to the exclusive jurisdiction and venue of the courts located in Cook County, Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Surplus Record as a result of this agreement or use of the Site. Surplus Record’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall be construed so as to limit in any way Surplus Record’s right to comply with governmental, court, and law enforcement requests or requirements. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations 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 the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Surplus Record with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Surplus Record with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms
Surplus Record reserves the right, in its sole and absolute discretion, to change these Terms from time to time. The most current version of the Terms will supersede all previous versions. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
 
Contact Us
Surplus Record welcomes your questions or comments regarding the Terms:
 
Surplus Record LLC
20 North Wacker Dr. Ste 2400
Chicago, Illinois 60606
 
 
Email Address:
surplus [at] surplusrecord [dot] com