Terms and Conditions for Use of Website
READ VERY CAREFULLY.
| This Terms of Use Agreement
("Terms of Use") applies to use of the My Surplus Canada and its
website located at
http://www.mysurplus.ca. My Surplus Canada reserves
the right, at its sole discretion, to change, add or remove portions
of this Terms of Use, at any time. It is your responsibility to
check this Terms of Use each time before using the Site. Your
continued use of the Site following the posting of changes will mean
that you accept and agree to the changes. You agree that all
subsequent purchases by you will be subject to the terms and
conditions of this Terms of Use, which shall apply until we post a
modified Terms of Use and then in accordance with such modified
Terms of Use. As long as you comply with this Terms of Use and any
such modifications, My Surplus Canada. grants you ("End User") a
personal, non-exclusive, non-transferable, non-sub licensable,
limited privilege to enter and use the Site. |
| 1). Content; Copyright and
Trademark Notice. All media (downloaded or samples), software, text,
images, graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the Site
(collectively, "Content"), including but not limited to the design,
selection, arrangement, and coordination of such Content on the Site
is owned or licensed by or to My Surplus Canada., and is
protected by copyright, trade dress, and trademark laws, and various
other intellectual property rights laws. Except as expressly
provided in this Terms of Use, no part of the Site and no Content
may be reproduced, recorded, retransmitted, sold, rented, broadcast,
distributed, published, uploaded, posted, publicly displayed,
altered to make new works, performed, digitized, compiled,
translated or transmitted in any way to any other computer, website
or other medium or for any commercial purpose, without My Surplus Canada's
prior express written consent. Except as expressly
provided herein, you are not granted any rights or license to
patents, copyrights, trade secrets, trade dress, rights of publicity
or trademarks with respect to any of the Content, and My Surplus Canada
reserves all rights not expressly granted hereunder.
My Surplus Canada expressly disclaims all responsibility and
liability for uses by you of any Content obtained on or in
connection with the Site. My Surplus Canada are registered trademarks, trademarks or service marks of My Surplus Canada. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of My Surplus Canada. All other trademarks or service marks are property of their respective owners. The use of any My Surplus Canada trademark or service mark without My Surplus Canada's express written consent is strictly prohibited. |
| 2). Consent To Collection, Use &
Disclosure of Your Personal Information. As more fully described in
our Privacy Policy, (click here to view), you must disclose certain
Personally Identifiable Information to use our Site, register, and
make purchases. As a condition of registering with our Site or
making any purchases of any products and/or services or conduct any
transactions, you represent that you have first read our Privacy
Policy and consent to the collection, use and disclosure of your
Personally Identifiable Information and Non-Personally Identifiable
Information as described in our Privacy Policy. Our Privacy Policy's
terms and conditions will change from time to time, and as a
condition of browsing the Site, using any features or making any
purchase, you agree that you will first review our Privacy Policy
prior to making any initial or subsequent purchases. While My Surplus Canada takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL My Surplus Canada. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER My Surplus Canada WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. |
| 3). Consent To Our Communication
With You By E-Mail. By establishing a My Account with us, and each
time you make a purchase through our Site, you grant permission for
My Surplus Canada. to contact you at your e-mail address. To stop
receiving our marketing emails, send an e-mail to us at sales@mysurplus.ca
or follow the opt-out procedures set forth in such marketing emails.
|
| 4). Methods of Payment, Credit
Card Terms and Taxes. All payments must be made by VISA, MasterCard,
American Express, Discover, Certified Cheque, and government credit
cards (each of which may be removed by My Surplus Canada. in its
sole discretion). Unless expressly set forth on the My Surplus Canada
. We do not accept any other payment form. If we offer or
accept any other form of payment, you hereby agree to all
restrictions, terms and conditions associated with such additional
form of payment. Your card issuer agreement governs your use of your
designated card, and you must refer to that agreement and not this
Terms of Use to determine your rights and liabilities as a
cardholder. YOU, AND NOT My Surplus Canada, ARE RESPONSIBLE FOR
PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY. You agree to pay all fees and charges incurred in
connection with your purchases (including any applicable taxes) at
the rates in effect when the charges were incurred. Unless you
notify My Surplus Canada of any discrepancies within sixty (60)
days after they first appear on your credit card statement, you
agree that they will be deemed accepted by you for all purposes. If
My Surplus Canada does not receive payment from your credit card
issuer or its agent, you agree to pay all amounts due upon demand by
My Surplus Canada. or its agents. You are responsible for paying
any governmental taxes imposed on your purchases, including, but not
limited to, sales, use or value-added taxes. My Surplus Canada
shall automatically charge and withhold the applicable sales tax for
orders to be delivered to addresses within California and
Massachusetts and any other states or localities that it deems is
required. |
| 5). Products Terms of Use and
Declaration of Intent: The End User understands that certain
cable/satellite television equipment sold legally may nevertheless
be used in an unauthorized manner to aid in the theft of
cable/satellite television services. As an inducement to the dealer
to sell End User cable/satellite equipment, End User, hereby
declare, under penalties of perjury, that End User understand that
federal law and various state and local laws provide for substantial
criminal and civil penalties for the theft of cable/satellite
television services, and that all products that End User purchase
from My Surplus Canada., now and in the future, will not be used
to intercept any cable/satellite television signal without proper
authorization from End User's local cable/satellite company and
payment of all lawful charges, and End User will only use the
equipment in accordance with all applicable federal, state and local
laws. My Surplus Canada IS SELLING END USER EQUIPMENT SO THAT END USER MAY USE IN A LEGITIMATE WAY AS INTENDED. IT IS NOT THE INTENT OF My Surplus Canada. TO DEFRAUD ANY CABLE/SATELLITE COMPANY AND My Surplus Canada WILL NOT ASSIST ANY INDIVIDUAL IN DOING SO. RECEIVING CABLE/SATELLITE SIGNALS WITHOUT PROPER PAYMENT IS A CRIME. IT IS THE END USER'S RESPONSIBILITY TO NOTIFY THEIR CABLE/SATELLITE COMPANY OF ANY EQUIPMENT THEY MAY HAVE, AND MUST OBTAIN PERMISSION TO USE SUCH EQUIPMENT. My Surplus Canada WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES PHYSICAL OR LEGALLY THAT MAY BE INCURRED WHILE USING EQUIPMENT PURCHASED FROM My Surplus Canada. END USER MUST COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS REGARDING PRIVATE OWNERSHIP OF CABLE/SATELLITE TV EQUIPMENT. In the event that End User is a dealer in cable/satellite television equipment, End User will not advertise such products with the intent that any purchaser buy the equipment for the purpose of aiding in any theft of cable/satellite television services, nor will End User sell or otherwise transfer any equipment End User have purchased from My Surplus Canada. to any third party who End User know or may suspect will use any such cable/satellite equipment for the theft of cable/satellite television services. AS AN INDUCEMENT TO THE DEALER, END USER AGREES TO INDEMNIFY My Surplus Canada. FOR ANY LIABILITIES, COST OR EXPENSE THIS MAY INCUR, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND COURT COSTS, AS A RESULT OF MY BREACH OF THE FOREGOING DECLARATION. By placing an order, the End User states that he/she is of legal age and those products ordered will only be used in a lawful manner. It is the sole responsibility of the end user to ensure compliance with Federal, State and Local laws when using these products. End User agrees to hold My Surplus Canada., its' owners, employees and affiliates free of any claims, actions, legal and/or court fees brought against him/her in connection with any use/misuse of products ordered from this web site and/or products from external sites. End User further agrees to hold and save harmless distributor from any and all claims, liabilities, disputes and expenses such as attorney's fees from third parties resulting from improper use (i.e. hacking or pirating encoded pay satellite signal) of the equipment furnished by distributor, including but not limited to attorney fees and court costs. |
| 6). Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. My Surplus Canada
reserves the right at any time after receipt of your order to accept
or decline your order for any reason. My Surplus Canada further
reserves the right any time after receipt of your order, without
prior notice to you, to supply less than the quantity you ordered of
any item. Your order will be deemed accepted by My Surplus Canada
. upon our delivery of products or services that you have
ordered. All orders placed over $1000.00 (U.S.) must obtain
pre-approval with an acceptable method of payment, as established by
our credit and fraud avoidance department. We may require additional
verifications or information before accepting any order. |
| 7). No Responsibility To Sell
Mis-priced Products Or Services. My Surplus Canada shall have the
right to refuse or cancel any orders placed for products and/or
services listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical errors.
My Surplus Canada shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, My Surplus Canada
shall immediately issue a credit to your credit card account in the
amount of the charge. |
| 8). Service and Support for
Goods Sold. All requests for technical service and support should be
made directly to the manufacturer in accordance with their terms and
conditions. |
| 9). Indemnification. YOU AGREE
TO INDEMNIFY AND HOLD HARMLESS My Surplus Canada. AND ITS
PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE
PROVIDERS, OTHER END USERS, DISTRIBUTORS, LICENSORS, OFFICERS,
DIRECTORS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING
REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY ARISING OUT OF
OR RELATED TO YOUR VIOLATION OF THIS TERMS OF USE, OR YOUR VIOLATION
OF ANY LAW, REGULATION OR THIRD-PARTY RIGHT. |
| 10). Disclaimer of Warranties.
THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND
INFORMATION ARE PROVIDED "AS IS." ALL OF My Surplus Canada.'S
PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY
(30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED
HEREIN, My Surplus Canada. EXPRESSLY DISCLAIMS ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER
RELATING TO OR REFERENCED BY THE My Surplus Canada. SITE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A
PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF
VIRUSES OR CORRESPONDENCE TO DESCRIPTION. |
| 11). LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY
PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE,
AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH
YOU. IN NO EVENT SHALL My Surplus Canada. OR ITS LICENSORS OR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE
ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE
DELAY OR INABILITY TO USE THE My Surplus Canada. SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE My Surplus Canada. SITE WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF My Surplus Canada
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE
SITE, THE MAXIMUM LIABILITY THAT My Surplus Canada. SHALL HAVE IS
LIMITED TO ANY AMOUNTS ACTUALLY PAID TO My Surplus Canada BY END
USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS
INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE
RESPONSIBILITY OF My Surplus Canada YOU ACKNOWLEDGE AND AGREE
THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND
LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE
ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A
TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. |
| 12). Return Policy. Any return needs to have a RMA number (Return authorization number) before being sent back to us. Items that can not be returned are:
|
| 13). General. No delay or
failure to take action under this Terms of Use shall constitute any
waiver by My Surplus Canada of any provision of this Terms of
Use. If any provision of this Terms of Use is invalid or
unenforceable under applicable law, it is, to that extent, deemed
enforceable to the fullest extent possible (and severable in the
event such provision is completely unenforceable) and the remaining
provisions of this Terms of Use will continue in full force and
effect. This Terms of Use will bind and inure to the benefit of
My Surplus Canada permitted successors and assigns. ANY CLAIM
UNDER THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ARISES. THESE TERMS OF USE SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO OR APPLICATION OF
ANY CONFLICT OF LAWS PROVISIONS. YOU CONSENT TO THE EXCLUSIVE
JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN FRANKLIN
COUNTY, IN THE STATE OF OHIO. This Terms of Use is personal to you
and may not be transferred, assigned or delegated to anyone. Any
attempt by you to assign, transfer or delegate this Terms of Use
shall be null and void. My Surplus Canada may freely assign this
Terms of Use without consent or notice. This Terms of Use (including
all documents expressly incorporated herein by reference, including
but not limited, to the relevant Usage Rules) constitutes the
complete and exclusive agreement between My Surplus Canada and
you with respect to the subject matter hereof and supersedes all
prior oral or written understandings, communications or agreements
not specifically incorporated herein. |
