Terms of Use

Terms of Use. www.memphissurplus.net is committed to protecting your online privacy while you use the services provided on our website. We urge you to read the privacy policy in its entirety so that you will understand all of the practices and procedures that we use relating to your online privacy.

Acceptance of Terms. Welcome to memphissurplus.net. This Web page details the terms of a legal agreement (the “Terms of Use”) between you and Performance Done Quickly, Inc. DBA Memphis Surplus (“Memphis Surplus”). By accessing this website, you acknowledge that you’ve read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with the laws and regulations applicable to the use of the website, to the use of the Internet, and to the activities involved in using this website.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, THEN DO NO USE THIS WEBSITE.

Change of Terms. The Terms of Use may be changed without notice. Your continued access of this website after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this website.

Situs. This website is controlled by Memphis Surplus from its offices in Ohio. Visitors who choose to visit this website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Venue and Jurisdiction. Claims relating to this website, to the use of this website, and to the information, content, material, and services available through this website are governed by the laws of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the Cuyahoga County, Ohio, Court of Common Pleas or the United States District Court for the Northern District of Ohio, Eastern Division, for any litigation concerning this website , your use of this website and any information received through this website. You agree not to plead forum non conveniens in any such action. You consent to service of process.

Should Memphis Surplus prevail in a court of law, in whole or in part, all actual attorney fees and costs incurred shall be paid by purchaser.

Privacy. To know what privacy measures Memphis Surplus has taken and what information we retain from your visit to Memphis Surplus’s website, please read our website Privacy Statement, which is incorporated here by reference.

Alteration of Site. Memphis Surplus may change, suspend or discontinue any feature, aspect, product or service available through this website at any time. Memphis Surplus may alter the availability of any feature of this website or service related to any feature of this website at any time.

Memphis Surplus may add, remove or modify any content on this website, including that of third parties, at any time.

Limitation of Usage. Memphis Surplus may limit your access to any part of this website without notice to you. Memphis Surplus may terminate your use of its website at any time.

Visitor On-line Conduct. In consideration of your use of the Memphissurplus.net site:

* You agree to use this website only for lawful purposes
* You agree to use this website only for its intended purposes
* Memphis Surplus reserves the right to prohibit any conduct involving this website that it deems to be inappropriate.
* You agree not to disrupt this website.
* You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website.
* You agree not to disrupt or interfere with any other visitor’s use of this website.
* You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software and/or hardware associated with the website, from which you are restricted.
* You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations.
* You warrant that all information you provide to gain access to the services provided by this website is accurate and truthful.

Links To and From Other Web Pages. You may gain access to other websites via links on this website. These Terms of Use apply to Memphis Surplus’s website and do not apply to other parties’ websites. Similarly, you may have to come to this site via a link from another website. The terms of use of other websites do not apply to this website. Only these Terms of Use apply to this website. Memphis Surplus assumes no responsibility for any terms of use or material outside this website accessed via any link.

Links to third party websites or information are not intended to constitute, and should not be interpreted by readers, as constituting or implying Memphis Surplus’s endorsement, sponsorship or recommendation of the third party information, products or services found there.

Copyright, Trademark and Intellectual Property. All information, content, and material (“Content”) made available by Memphis Surplus and its licensors retain all rights in this Content.

All Content, including, but not limited to the website design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by Memphis Surplus and its licensors.

Memphis Surplus and Memphissurplus.net are either registered trademarks, trademark names, service marks, or otherwise protected property of Memphis Surplus and may not be used, copies or imitated without prior written consent by Memphis Surplus.

Memphis Surplus’s intellectual property may not be used in connection with any service or information that is not Memphis Surplus’s. Memphis Surplus’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Memphis Surplus. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

The compilation of the Content on this website is the exclusive property of Memphis Surplus and is protected by U.S. and international copyright law.

You may not mirror any Content contained in this website on any other website or server.

Digital Millenium Copyright Act, Transmission of Third Party Content. You may not upload, post or otherwise distribute on this website anything protected by copyright or other proprietary right has given you express authorization for such uploading, posting or distribution on the web.

Anything for which permission has been granted to upload, post or otherwise distribute must contain the notice “Copyright 2009, Memphis Surplus used by express permission.”

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.

Memphis Surplus, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

Memphis Surplus, pursuant to the Digital Millennium Copyright Act of 1998, designates Craig W. Smotzer to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible at Memphis Surplus’s website in a way that constitutes infringement, you may notify Craig W. Smotzer, providing the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on Memphis Surplus’s website where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are copyright owner or are authorized to act on the copyright owner’s behalf.

Craig Smotzer can be reached via e-mail at contactus@memphissurplus.net (attn: Craig W. Smotzer) and by regular mail at Craig W. Smotzer, c/o Memphis Surplus, 4791 Memphis Ave, Cleveland, Ohio 44109.

You are prohibited from uploading, posting or otherwise distributing on this website any unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any classification that could produce civil or criminal liability for either yourself or for Memphis Surplus, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third Party Content. Memphis Surplus may display Content supplied by other third parties on its website. Memphis Surplus contains no editorial over this Content. The Content supplied by other third parties belongs to the respective owners of that Content.

Memphis Surplus, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else’s reliance on Content available on this website that is the property of third parties. You are solely responsible for evaluating and acting on any Content available on this website.

DISCLAIMERS. THIS WEBSITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. MEMPHIS SURPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

Memphis Surplus DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.

LIMITATION OF LIABILITY. MEMPHIS SURPLUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE.

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSED, AND/OR DELAYS, THAT RESULT IN YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, MEMPHIS SURPLUS’S NEGLIGENCE, USER FRAUD, OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAURSE, EVEN IF MEMPHIS SURPLUS HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, MEMPHIS SURPLUS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

No Joint Venture. This agreement provides only for the use of the website. This Agreement shall not be construed as a teaming, joint venture, or other arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

Indemnity. You agree to indemnify MEMPHIS SURPLUS and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, for an y damages, costs, or expensed that Memphis Surplus may incur as a result of your providing inaccurate or untruthful information to gain access to the services provided through this site.

Hold Harmless. You agree to hold MEMPHIS SURPULS and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless for any damages, losses, costs, or expenses that you may incur as a result of your use of this website or your use of the Content, information and/or services available through this website.

Severability. If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability remaining provisions of these Terms of Use.

Integration Clause. You hereby acknowledge that these Terms of Use, including all documents referenced herein, represent the entire understanding between you and Memphis Surplus concerning your use of this website , and the Content, information and services available on this website.

Survivability. All representations and warranties made by you shall survive termination of the Terms of Use.

Headings of the Terms of Use. The section headings used in the Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Termination. You agree that Memphis Surplus, in its sole discretion, may terminate your use of the website, and remove and discard any content within the website, for any reason, including, without limitation, failure to provide accurate and truthful information, for lack of use, or if Memphis Surplus believes that you have violated or acted inconsistently with the terms of use. Memphis Surplus may also in its sole discretion and at any time discontinue providing the memphissurplus.net website, or any part thereof, with or without notice. You agree that any termination of your access to the website under any provision of the terms of use may be effected without prior notice, and acknowledge and agree, that Memphis Surplus may immediately deactivate or delete all related information and/or bar any further access to such files on the website. Further, you agree that Memphis Surplus shall not be liable to you or any third party for any termination of your access to the website.

Dealing with Advertisers. Your correspondence or business dealings with, or participation or promotions of, advertisers found on or through the Memphis Surplus website, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Memphis Surplus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

Privacy Policy

Privacy Policy. Memphissurplus.net is committed to protecting your online privacy while you use the services provided on our website. We urge you to read the privacy policy in its entirety so that you will understand all of the practices and procedures that we use relating to your online privacy.

What this Privacy Policy Covers. In this privacy policy, memphissurplus.net will inform you about the type of information that is collected about you on this website, how the information is collected, how the information is expected to be used and to whom it is expected to be given. This privacy policy will also tell you how to limit our use of your personal information.

Contact our Website. This website is the responsibility of memphissurplus.net. You can contact us by e-mail at contactus@memphissurplus.net or by regular mail at:

Memphis Surplus
4791 Memphis Ave.
Cleveland, Ohio
44109
Attention: Craig W. Smotzer

What Kind of Personal Information memphissurplus.net Collects. While we don’t ask for any registration or personal information to browse our site, some information about your server address, Web browser, and computer system are automatically transmitted to our Web servers so that we can operate our site on the Internet. The information which you may be asked to provide may include, without limitation, contact information (i.e. name, address, telephone number, and electronic mail address). Further, as part of our site operation, we reserve the right to automatically collect and track:

* The home server domain names, e-mail addresses, type of computer, and type of Web browser you are using while you visit our website.
* Information on what pages of our website you access.

How We Use Your Personal Information. Memphissurplus.net does not currently store or regularly collect the information from this website. We do, however, reserve the right to begin to store its customers’ information in a secure database to fulfill your requests for our services and to contact you about new products and services at any time. We restrict access to nonpublic personal information about you to those memphissurplus.net employees who need to know that information to provide products or services to you. If we are required to do so under applicable federal regulations, we will maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Memphissurplus.net may disclose all of the nonpublic personal information that we collect, as hereinafter set forth. Memphissurplus.net may share your personal identifiable information, whether public or non-public, with other companies as follows:

* We may provide your information to any party if we are required to do so by applicable law, by court order or other legal process to provide; We may provide your information to third parties if we find that your actions on our website violate our Terms of Use, which you agree to by using our website.
* We may sell or otherwise transfer such information to a successor of Memphis Surplus or any subsidiary or division of Memphis Surplus in connection with an asset sale, merger, consolidation, divestiture, stock sale or other corporate transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate.

Security. The importance of security for all nonpublic personally identifiable information associated with our users is of great concern to us. Except as otherwise provided herein, only those employees who need access to our information to provide products or services are allowed access, as described above.

Cookies. A “cookie” is a persistent client side hypertext transfer protocol file. Cookies are pieces of information that a website can transfer to a visitor’s hard drive for record-keeping purposes. Cookies help Web surfing by saving visitor’s preferences and other information. The use of cookies is a widespread industry standard and thus many websites use cookies.

We reserve the right to use cookies in conjunction with the memphissurplus.net website.

Most Web browsers are initially configured to accept and process cookies. You can configure your browser to refuse cookies.

More extensive information concerning cookies is available on the World Wide Web by searching for the word “cookies”.

Requesting to See Your Personal Information. You may request, via e-mail or regular mail that we provide you with the personal information we have collected from you. Once you receive this information, we will modify or delete from our systems any or all of your personal information as soon as practicable after receipt of a written request from you stating in reasonable detail the modification and/or deletion requested; provided, that, we reserve the right to verify your identity before sending you this information.

Steps Taken to Protect the Privacy of Your Personal Information. Our website may contain links to other Internet websites. We encourage our partners, contributors, and other third parties to implement policies and practices that will respect your privacy.

Notwithstanding the foregoing, or anything contained in this Privacy Policy to the contrary, we cannot and do not guarantee that any party to which we transfer your personal information will, in fact, comply with applicable law governing the privacy of personally identifiable information or keep your personal information secure, confidential, or free from unauthorized access. Additionally, we are not, responsible for other website’s privacy practices and website content. Occasionally, you may receive cookies from third party advertisers, partners and vendors. We do not control these cookies.

Changes to this Privacy Policy. We reserve the right to change this policy at any time. We ask that you review this privacy policy from time to time to ensure that you are familiar with the most current version of it.

Opting-Out. Memphissurplus.net reserves the right to collect, use, sell and otherwise transfer personal information from you unless you affirmatively prohibit us from doing so by opting-out to our collection and use of such information by reading this Privacy Policy. You may opt-out of having your personal information collected, used, sold or otherwise transferred by memphissurplus.net by contacting us by sending us e-mail or regular mail instructing memphissurpls.net that you have elected to opt-out of such collection and/or use. Please note that in order to meet certain obligations, we may need to continue sending you notices or other important information concerning any orders or services you previously requested.