Terms of Service
TERMS AND CONDITIONS
SURPLUS TRENDS ENCOURAGES YOU TO CAREFULLY READ THE TERMS AND CONDITIONS BEFORE USING THE SITE.
By using the Site, you hereby agree to be bound by the present Terms and Conditions (the “Terms”) and are aware that the Terms may be modified or updated at any time, without prior notice and at Surplus Trends’ sole discretion. Any changes may be verified on the Site and is the responsibility of its users. The terms “we”, “us” and “our”, refer to Surplus Trends and its affiliates, subsidiaries, successors and employees, mandataries and agents.
USE OF WIDGETS
Widgets are tools that you may place on your website to permit your visitors to access our Site. Subject to your compliance with the Terms, we hereby grant you a non-exclusive, non-transferable, non sub licensable, personal, revocable license to use and display the Widgets of your website solely for you won personal, non-commercial use.
You may not use the Widgets for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Widget.
In addition, you may not:
-use the Widgets to offer or promote any products or services for sale
-use the Widgets in any manner that would constitute an endorsement by Surplus Trends for any product, service, activity or brand contained on the Site
-place the Widget on any website that include content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise inappropriate and content is determined by us and is our sole discretion
-use the Widget in any manner that may prevent to end user of the Site from being directly redirected to Surplus Trends’ Site.
We reserve the right to discontinue providing any Widgets at any time. We further reverse the right to direct you to cease displaying or otherwise using any Widgets, for any or no reason and without liability to you or any third party.
RESTRICTIONS ON USE OF MATERIALS
Unless expressly permitted in the Terms, no material from the Site, or any other Website owned, operated, licensed or controlled by Surplus Trends or its affiliates, including but not limited to photographs, articles or videos may be copied, modified, reproduced, posted or distributed in any way. All materials found on the Site are limited to non-commercial personal use. Use of the materials for any other purpose, modifications of the materials or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of the Site is permitted without the prior written consent of Surplus Trends. Unless if expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.
You may be required to create an account and specify a password to use certain features on the Site, such as making a purchase. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or any other account information. You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by our or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing us at firstname.lastname@example.org. Surplus Trends shall not be held responsible for any loss that may result from the unauthorized use of your password, with or without your knowledge or consent and you agree to indemnify and hold harmless for losses incurred by another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
CONSENT POSTED OR SUBMITTED BY YOU
Certain page on the Site may allow you to post text, photographs, videos, audio or other content (“Content”). You may only post Content to the Site if you are a resident of Canada or the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from a parent or legal guardian before posting any Content to the Site. You may only post Content that you created or post Content with the authorization of the owner of said Content. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, from their parent or legal guardian. You may be required to provide proof of such permission to Surplus Trends. You may not post or distribute Content that is illegal or that violates the Terms.
By posting or distributing Content to the Site, you represent and warrant that:
you own all the rights to the Content or are authorized to use and distribute said Content to the Site; and
the Content does not and will not infringe any copyright, trademark, right of publicity or any other third party right nor violate any law or regulation.
By submitting or posting Content to the Site, your grant, the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any way. Once you submit or post Content to the Site, Surplus Trends does not need to give you further right to approve or use such Content nor does it need to compensate you for any such uses. You are solely responsible for anything you post or distribute on the Site and for the consequences of posting said Content.
CONTENT POSTED BY OTHER USERS
Surplus Trends is not responsible for, nor does it endorse, Content posted by other users on its Site. Under no circumstances should Surplus Trends be held responsible, directly or indirectly, for any loss or damage resulting in Content being posted on the Site by a third party. If you become aware of misuse of the Site by any person or entity, place contact Surplus Trends by emailing email@example.com. If you feel threatened or believe someone else is in danger, please contact your local law enforcement.
USE OF THE SITE
Impersonating other, including an employee, representative or another user is prohibited. You may not upload, distribute or otherwise publish on the Site any Content that is libelous, defamatory, obscene, threatening, abusive, illegal or any Content that may constitute an invasion or privacy or that may be considered objectionable. Content that may encourage criminal offenses or violates the rights of any person or entity or violates any law is also strictly prohibited. You may also not upload commercial Content to Site or in any way use the Site to solicit others for any other commercial online services or other organization. You may not, unless you have obtained prior consent of Surplus Trends, use any computer code, date mining software such as “robot”, “bot”, “spider”, “scraper” or any other automatic device or program, algorithm or methodology with similar processes or functionality or any manual process to monitor or copy any of web pages, data or Content four on the Site or accessed through the Site. You may also not participate in mass downloading of files from the Site, use the computer procession power of the Site for other purposes than the ones listed above, or flood the Site with electronic traffic in order to slow or stop its operations, in all or in part. To establish links to or from other Websites, you will need to obtain Surplus Trends’ consent prior to establishing said links.
ACTIVITIES PROHIBITED ON THE SITE
The following is a partial list of what is considered to be illegal or prohibited conduct on the Site. Surplus Trends reserves the right to investigate and take appropriate legal action against anyone who, in all or in part, engages in any prohibited activities.
Prohibited activities are subject to Surplus Trends’ sole discretion and include but are not limited to:
-Posting Content that infringes the intellectual property, rights, privacy rights, publicity rights or any other rights of any party;
-Posting Content that is considered unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous or hateful too a person or an entity;
-Posting Content that is considered cyber-bullying;
-Harassing, threatening, stalking or abusing someone;
-Impersonating another person or entity;
-Posting Content that depicts any risky, dangerous or life-threatening behavior;
-Posting someone’s telephone numbers, addresses, last name or any other personal information;
-Posting URLs to external websites or any form of HTML or programming code;
-Harvesting or collecting in any way, information about others, including but not limited to, email addresses, without their prior consent;
-Allowing any person or entity to use your identification to post or view comments;
-Engaging in any other way that may restrict or inhibit anyone from using or enjoying the Site; or
-Encouraging people to engage in any kind of prohibited activities.
Surplus Trends reserves the right, if necessary and to its sole discretion, do any of the following:
-Investigate allegations that Content posted on the Site does not conform to the Terms;
-Remove Content that is considered abusive, illegal or disruptive;
-Terminate a user’s access to the Site upon any breach or the Terms;
-Monitor, edit or post any Content to the Site; and
-Edit or remove any Content from the Site.
All Content found on the Site, including but not limited to, text, graphics, code, logos, images, audio clips, widgets and software is the exclusive property of Surplus Trends or its suppliers and is protected by Canadian and other copyright laws and international treaties. The Content and software on the Site may be used as a shopping resource, any other use, including the reproduction, modification, distribution or transmission of the Content is strictly prohibited. All other product names contained on this Site are trademarks or registered trademarks or their respective owners. The use or misuse of these trademarks except as expressly authorized, is prohibited. If you have any questions concerning the legal notices stated above, you may contact Surplus Trends by email at: firstname.lastname@example.org
or by mail at:
153 Chemin Jean-Adam
Saint-Sauveur, Quebec J0R 1R6
Any information, including but not limited to, remarks, suggestions, ideas, graphics or any other submissions communicated to Surplus Trends through the Site becomes property of Surplus Trends and Surplus Trends reserves the right to use any information submitted for any purpose and without restriction or compensation to whomever sent said information. Users acknowledge originality or any submission communicated to Surplus Trends and accepts responsibility for its accuracy, appropriateness and legality. This section shall survive the termination or expiry of this agreement.
The Site and the materials, widgets and products on the Site are provided “as is” and Surplus Trends does not make or give any representation, warranty or condition of any kind, whether expressed or implied, written or oral, including but not limited to warranties of uninterrupted or error-free transactions, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components. Surplus Trends also does not warrant or make any representation in regards to the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repairs or corrections. Because some federal, provincial or state laws prohibit the exclusion of certain warranties, these exclusions will then not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, Surplus Trends shall be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use or the inability to use the Site or the performance of the widgets or products, even if authorized representatives of Surplus Trends have been advised of the possibility of such damages. Because some federal, provincial or state laws prohibit the exclusion of certain warranties, these exclusions will then not apply to you. In no event shall total liability to you for damages, losses and causes of action, whether in contract, negligence or otherwise, exceed the amount paid by you, if any, for accessing the Site. This section shall survive the termination or expiry of this agreement.
As a condition of use of the Site, you agree to indemnify, defend and hold harmless Surplus Trends, its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, expenses, damages, costs, including reasonable attorneys’ fees resulting from your use of the Site or any widget, including claims alleging facts that if true would be considered to constitute a violation of the Terms or any activity related to your account by you, or any other person accessing the Site using your account information. This section shall survive the termination or expiry of this agreement.
All purchases made through the Site are subject to acceptance. Surplus Trends may refuse to accept or may cancel an order, before or after said order has been confirmed, for any or no reason and without liability to you or anyone else. If payment has already been received for a purchase that is later canceled, Surplus Trends shall issue a refund.
In the even that a product sold is mistakenly listed at an incorrect price, Surplus Trends reserves the right to refuse or cancel an order placed for the product listed at the incorrect price, whether or not the order has already been confirmed and your payment received. In the event that a payment has been received for a purchase that is later canceled, Surplus Trends shall issue a credit to your payment method account.
Surplus Trends reserves the right to cancel any account or order, to its sole discretion, including after an order has been submitted, whether or not payment has been received or not. In the event the payment has already been received, Surplus Trends will issue a refund.
EXCHANGES AND RETURNS
All items are subject to Surplus Trends’ refund policy. Please refer to our Return Policy for more information.
Take note that all items are shipped from out of retail stores within 5 business days after an order is received. Since items are shipped from retail stores, they may be subject to availability after an order is made. In the unlikely event that we are unable to fulfill you order once it has been processed, you will receive a full refund. In addition, Surplus Trends will also issue you a 10$ credit towards your next order.
USE BY MINORS
The Site is indented for the use of adults only. If you use the site to make a purchase, you must be of legal age to enter into any purchase agreement through the Site. If you are under the age of majority in the jurisdiction in which you reside, a parent or legal guardian should use the Site on your behalf and you should not use the Site on your own or provide any personal information to Surplus Trends. Surplus Trends does not knowingly collect information from anyone under the age of 13.
These Terms shall be governed by and constructed in accordance with the laws of Ontario and Canada, with giving effect to any principles of conflicts of law. You agree that any action in law arising out of, or relating to, the Terms shall be filed in the province of Ontario and you hereby consent and submit to the personal jurisdiction of such courts. In any provision of the Terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the Terms and shall not affect the validity enforceability of any remaining provisions. Failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right.