GEARHEADSURPLUS.COM WEBSITE USE AGREEMENT
This Website Use Agreement ("Agreement") is between you ("User") and GEARHEADSURPLUS.COM ("Company"). In consideration of the right to access and use the Company's website www.gearheadsurplus.com ("Website"), and the information offered on the Website, User agrees to the terms and conditions of use set forth in this Agreement. This Agreement applies to the products, the services and information currently offered by Company and any products, services, information or products that the Company may choose to offer in the future (unless stated otherwise).
We will not sell, lend or rent any personally identifiable information about you to any third party outside of the Company, its affiliates, subsidiaries, authorized agents, operating companies and other related entities. We only disclose information to third parties when it is reasonably necessary in order to allow us to perform our services and deliver information, goods and services to you.
1. Company's Control Over Website.
(a) Company has the right, but not the obligation, to monitor the use of the Website and its content, and, except as otherwise provided under Section 3, Privacy, may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
(b) Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.
(c) Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment needed for access or use. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.
2. Intellectual Property Rights.
(a) All information and content available on this site is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The logo, slogans, and other distinctive designs are owned by Gearheadsurplus.com or its licensors and are protected by the state, national, and international laws of trademark, trade dress, and unfair competition. All materials contained within the Website (the "Content") are protected by copyright and are owned or controlled by Company or the party credited as the provider thereof.
(b) Copying, otherwise reproducing, or storing of any Content for use other than User's personal, noncommercial use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the Content's copyright notice. Requests regarding use of Content for any purpose other than personal, noncommercial use should be directed to email@example.com
(c) Copyrights and Copyright Agents. It is the policy of gearheadsurplus.com to respond to claims of intellectual property infringement. ResortBoneYard.com will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the Designated Agent for this Site
To be effective, the notification must be a written communication that includes the following:
Trademarks. You acknowledge that the Content includes certain trademarks and service marks owned by ResortBoneYard.com, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
3. Surplus Sales and Purchases
Direct Purchase. gearheadsurplus.com is interested in purchasing your surplus. Please contact firstname.lastname@example.org for more information.
4. User's Covenants.
(a) User represents, warrants and covenants that User shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: restrict or inhibit any other user from using and enjoying the Website, are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another's privacy, hateful, tortious or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, violate, plagiarize, or infringe the rights of third parties, including, but not limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, contain any information, software or other material of a commercial nature, contain advertising of any kind, constitute or contain false or misleading indications of origin or statements of fact, or would harm minors in any way.
(b) User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working ofthe Website or any business being conducted on the Website. User may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure. User may not link to the Website in any manner that would bypass Company's home page. User may not "frame" the Website or any portion thereof.
(c) User authorizes Company to charge User's credit card or debit from User's bank account for payment of items purchased through Company's website By authorizing us (Company) to charge your (User's) credit card or debit your bank account, no additional notice or consent is required before Company invoices the credit card or debit the bank account for all amounts due to Company for any reason. Company may accept late payments, partial payments or any payments marked as being "payment in full" or as a settlement of any dispute without losing any of our rights under this Agreement. User agrees to pay costs and fees we incur to collect an unpaid balance from you
5. User's Acknowledgments.
(b) User acknowledges that, except as otherwise stated, the products or services sold through or advertised in the Website are sold "AS IS," without warranty of any kind.
(c) User acknowledges that transmissions to and from this Website may be read or intercepted by third parties. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or any other material contained in the Website or any of its links shall be at User's own risk. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result ofthe purchase of products/services from within it.
(d) User acknowledges that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Company shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any third party site.
Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website. Further, by using the Website and the products and/or services Company offers, User may have access to third parties and other websites. Access to such parties and websites does not constitute an endorsement by Company or any of its subsidiaries or affiliates of third parties, or the resources, products or services offered by them. Company makes no guarantees or warranties of any kind as to such third parties or their products or services, or any information found on the Internet that User may access through use of the Website.
7. Disclaimer of Warranty.
THIS WEBSITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR OTHERWISE ON THE WEBSITE, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE PRODUCTS, SERVICES OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
ADVICE OR INFORMATION OBTAINED BY A USER, EITHER ORALLY OR IN WRITING, FROM THE WEBSITE OR SOME SERVICE OFFERED ON THE WEBSITE SHALL NOT CREATE ANY WARRANTY OF ANY KIND, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability.
THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAMAGES EXCEED AMOUNTS, IF ANY, PAID BY USER TO COMPANY.
User agrees to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from User's use of the Website, User's violation of the terms of the Agreement or User's infringement, or infringement by any other user of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Company's successors, assigns and licensees. User covenants to cooperate fully in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of the Company.
Except as explicitly stated otherwise, any notices shall be given bye-mail to email@example.com (in the case ofCompany) or to the e-mail address User provided to Company during User's use of the Website (in the case of User), or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
11. Term; Termination.
The term of this Agreement shall commence when the User first visits the Website and shall apply to all of User's subsequent visits. The Company may, with or without cause, immediately terminate this Agreement, and deny User access to the Website. Without limiting the foregoing, Company has the right to immediately terminate User's right to access the Website in the event that User breaches this agreement or engages in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated. User will no longer be authorized to access the contents of the Website, In the event of termination. the restrictions imposed on User with respect to material downloaded. copied or otherwise reproduced from the Website. the disclaimers and limitations of liabilities and indemnification set forth in this Agreement, shall survive.
Any violation of the terms of this Agreement constitutes a breach. Companymay immediately issue a warning. temporarily suspend. indefinitely suspend or terminate User's right to access the Website if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. Company's failure to act with respect to a breach by User or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has. User understands and acknowledges that Company. in its sole discretion. may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement.
13. Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. without regard to conflicts oflaw provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the User's Agreement shall be in the state courts located in Cuyahoga County. Ohio. or in Federal District Court for the Northern District of Ohio. User and Company agree that any action or proceeding arising out of or related to the User's Agreement shall be subject to mediation between the parties as a form of alternative dispute resolution.
14. Age and Responsibility.
If you use this site. you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account. You represent that you are over eighteen (18)years of age and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid. such provision shall nonetheless be enforced to the fullest extent permitted by applicable. and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Typographical Errors and Cancelled Transactions.
In the event that a product or service is mistakenly listed at an incorrect price. Company reserves the right to cancel or refuse any order for the product or service listed at the incorrect price. Company reserves the right to refuse or cancel any orders regardless of whether the order has been confirmed. If User's credit card has already been charged for the purchase when the order is cancelled by Company. Company shall issue a credit to your credit card in the amount of the price paid by User to Company.
17. Costs and Attorney's Fees.
In any legal or equitable dispute between Company and User. if Company is a prevailing party in that claim. Company will be entitled to recover. and User agrees to pay Company, all reasonable and necessary attorneys' fees incurred and any costs of litigation. in addition to any other relief, at law or in equity. to which such parties may be entitled.
18. Shipping Policy.
(a) Freight or LTL shipping costs as well as crating or packaging are the responsibility of the buyer. Gearheadsurplus will assist in arranging for a shipper, and may assist with packaging at its discretion and for a fee.
(b) Your truck: Gearheadsurplus.com will load items as is on your truck at our Southern Idaho or other locations free of charge.
19. Handling Policy.
HGR does charge a minimum 35.00 handling fee for all items that need to be prepared for an LTL shipment. This handling charge is for the skid, stretch wrap, and securing the item to the skid. This handling fee is skid based on the skid being 42" x 48". Skids oversized will be subject to an additional charge.
20. Storage Policy.
Unless prior arrangements have been approved in writing, all items are required to be removed or shipped within forty-five (45) days of receipt. Items left beyond the 45 day time allowed will be subject to storage fees beginning on the forty-sixth (46th) day of receipt. The storage fee is Twenty Dollars U.S. Currency ($20.00) per day, per item. Items left beyond ninety (90) days will be considered abandoned and the customer forfeits the rights to the item or items. There will be no exceptions.
This Agreement constitutes the entire understanding between Company and User with respect to User's use of the Website. Any cause of action User may have with respect to the use of the Website must be commenced within one (I) year after the claim or cause of action arises. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. User may not assign this Agreement.