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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please do
not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or
code is copyrighted as a collective work under the United States and other
copyright laws, and is the property of SurplusSaver.com LLC. The collective work
includes works that are licensed to SurplusSaver.com LLC. Copyright 2004,
SurplusSaver.com LLC ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole purpose of
placing an order with SurplusSaver.com LLC or purchasing SurplusSaver.com LLC
products. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the material
from the different areas of the site solely for your own non-commercial use, or to
place an order with SurplusSaver.com LLC or to purchase SurplusSaver.com LLC
products. Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited, unless
authorized by SurplusSaver.com LLC. You further agree not to change or delete
any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of SurplusSaver.com LLC used in
the site are trademarks or registered trademarks of SurplusSaver.com LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, SurplusSaver.com LLC disclaims all
warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement.
SurplusSaver.com LLC does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of viruses or other
harmful components. SurplusSaver.com LLC does not make any warrantees or
representations regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
SurplusSaver.com LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if SurplusSaver.com LLC has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a SurplusSaver.com LLC product is mistakenly listed at an
incorrect price, SurplusSaver.com LLC reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. SurplusSaver.com LLC
reserves 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 cancelled, SurplusSaver.com
LLC shall issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by SurplusSaver.com LLC
without notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous,
shall survive any termination.
Notice
SurplusSaver.com LLC may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided to
SurplusSaver.com LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly arising out
of or relating to this site (including but not limited to the purchase of
SurplusSaver.com LLC products) shall be in the state or federal courts located in
Los Angeles County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of SurplusSaver.com
LLC products) must be commenced within one (1) year after the claim or cause of
action arises. SurplusSaver.com LLC's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and conditions.
SurplusSaver.com LLC may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use
of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a SurplusSaver.com LLC or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited. You
may not upload to, distribute, or otherwise publish through the site any content
which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become members of
any other commercial online service or other organization.
Participation Disclaimer
SurplusSaver.com LLC does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, SurplusSaver.com LLC is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
SurplusSaver.com LLC reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or;
other intellectual property right of another or (d) offensive or otherwise
unacceptable to SurplusSaver.com LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless SurplusSaver.com LLC, its
officers, directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these terms
and conditions or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, SurplusSaver.com LLC
may link to sites operated by third parties. However, even if the third party is
affiliated with SurplusSaver.com LLC, SurplusSaver.com LLC has no control over
these linked sites, all of which have separate privacy and data collection practices,
independent of Office Furniture Concepts LLC. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
SurplusSaver.com LLC seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does not work).
©Copyright 2004 SurplusSaver.com
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