The Terms of Use Agreement describes the terms and conditions applicable to your use of our services at SurplusTradingPost.com. By using this site, you agree to be bound by these Terms of Use and to follow these Terms of Use and all applicable laws and regulations governing the site. If you have any questions that our Terms of Use Agreement cannot answer, please contact .

     We may amend this Agreement at any time by posting the amended terms on our site.

     Please read these Terms of Use carefully.

     1. Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.

     2. Fees and Services.
Joining Surplus Trading Post is free. We may change our fees for our services at any time. Our rates schedule may be viewed here. When you place a listing, you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

     3. Surplus Trading Post is Only a Venue.
     3.1 Overview.
Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to contact sellers on items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
     3.2 Release.
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Surplus Trading Post (and our officers, directors, agents, subsidiaries and employees) 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.

     4. Listing and Selling.
     4.1 Listing Description.
Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). Items listed shall be in good taste. Any objectionable material found in an ad, including illegal items for sale will result in the immediate disposal of the ad, and expiration of membership to SurplusTradingPost.com. The same goes for anyone that includes offensive and/or objectionable material, spams, includes advertisements, and/or links to other sites offering the same service as SurplusTradingPost.com. Surplus Trading Post will decide what is appropriate. There is no promise that your listing will be displayed. Please understand that this is not a service selling equipment over the internet, but rather a way to connect potential buyers and sellers. Surplus Trading Post is not responsible for the information and conditions listed in the classified ads. Please use discretion and proper judgement when buying or selling your equipment. We strongly urge you to review both seller and buyer, to ensure the quality of the merchandise sold.
The following is a list of prohibited content that will not be accepted on SurplusTradingPost.com. It includes content that: Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; Is or could be harmful to minors; Harasses or advocates harassment of another person; Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous; Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated content or links to pirated content files; Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); Displays pornographic material of any kind; Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses; Solicits passwords, personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without SurplusTradingPost.com's prior written consent.
     4.2 Fraud.
Without limiting any other remedies, Surplus Trading Post may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

     5. Your Information.
"Your Information" is defined as any information you provide to us in the registration, the listing process, or through e-mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We may, however, use and disclose general, statistical data that includes data about you and/or your listings in order to provide better service to you and other users, among other reasons. Your name and e-mail address will not be included in this general information.
     5.1 With respect to Your Information:
Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of illegal or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb). Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation.

     6. Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:
(a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

     7. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

     8. Indemnity.
You agree to indemnify and hold Surplus Trading Post (and our officers, directors, agents, subsidiaries and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

     9. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

     10. No Agency.
You and SurplusTradingPost.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

     11. User Responsibility.
You will be responsible for safeguarding the confidentiality of your user name and password and preventing their disclosure or release to any third party. If your user name or password is stolen or otherwise compromised, you will report this situation immediately to Surplus Trading Post at .

     12. Changes.
We may change the Terms of Use agreement from time to time. When such a change is made, we will post a revised version of the Terms of Use agreement on our web site. Changes will be effective when they are posted. It is your responsibility to review these Terms of Use from time to time in order to be aware of any such changes. Your continued use of the service will indicate your agreement to any such changes.

     13. Surplus Trading Post does not promise that the site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and it's content are delivered on an "as-is" and "as-available" basis. SurplusTradingPost.com can not ensure that any files you may download from the site will be free of viruses or contamination or destructive features. SurplusTradingPost.com disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. SurplusTradingPost.com will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive and consequential damages.

     14. Privacy.
The privacy policy is a part of the terms of use agreement. Please read the privacy policy.

     15. Disclaimer.
The site disclaimer is a part of the terms of use agreement. Please read the site disclaimer.

     16. General.
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. By using this site, you accept and agree to this Terms Of Use Agreement.

     17. Copyright.
The information contained in this site, including all images, illustrations, designs and photographs not contributed as personal information or user content are copyrights, trademarks and other intellectual property of SurplusTradingPost.com. SurplusTradingPost.com and the SurplusTradingPost.com logo are copyrighted by SurplusTradingPost.com. All brand names and product names used on SurplusTradingPost.com are trademarks or trade names of their respective holders.

~ September 6, 2008 - 1:44 pm CDT