You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (collectively the "Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (the "Item") of Content that you post, email or otherwise make available via the Services. You understand that BuildingSurplus.com nor the Website controls, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Services may contain links to other websites, which are completely independent of the Website. The Website makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such sites. Your linking to any other websites is at your own risk. You also agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BuildingSurplus.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that the Website does not pre-screen or pre-approve Content, but that the Website shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Services, for violating this TOU, for any other reason, or for no reason.
THIRD-PARTY SITES, CONTENT & SERVICES
The Website and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Website, including other websites, servers, networks, directories, systems, databases and information, applications, services, software, programs, or products, and the internet as a whole. Your interactions with any organizations and/or individuals found on or through the Services, including payment and delivery of goods and/or Services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such individuals and/or organizations. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these referenced third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Website is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Website, its officers, employees, agents and successors in interest from any claims, demands and/or damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a
CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in such a way that constitutes a copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Website at abuse@BuildingSurplus.com
or mail said notification to:
Your notice should at least provide the following information:
1) In detail identify the material and/or work on the Website that you claim is infringing;
2) A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark and/or copyright owner, its agent, or the law;
3) A statement by you declaring under penalty of perjury that (a) the information you are providing in your notice is accurate, and (b) that you are the owner and/or agent, authorized to act, of the trademark and/or copyright interest involved;
4) Your address, telephone number, email address and any other contact information available; and
5) Your signature.
If the material is in-fact infringing then the Website will remove the infringing material(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You agree not to post, email, or otherwise make available the following type of Content:
1) that which is unlawful, abusive, harmful, harassing, threatening, libelous, defamatory, invasive of another's privacy, or is harmful to minors in any way;
2) that which is pornographic or depicts a human being engaged in any type of sexual conduct;
3) that which harasses, degrades, intimidates or discriminates on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other protected categories;
4) that which violates any State and/or Federal statute(s), in any notice or ad for the sale or rental of any property, by a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other protected characteristics);
5) that which impersonates any person or entity, including, but not limited to, a BuildingSurplus.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
6) that which includes personal or identifying information about another person without that person's explicitly written consent;
7) that which is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch" type of transaction;
8) that which infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
9) that which constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
10) that which constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is ok to contact them about other Services, products and/or commercial interests.
11) that which includes links to third-party commercial services or other websites, except as allowed by the "Services" or this “TOU”;
12) that which advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Colorado law.
13) that which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or networks;
14) that which disrupts the normal flow of the Services with an excessive amount of Content, or that which otherwise negatively affects other users' ability to use the Services; or
15) that which employs any misleading tactics, such as email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any Content which is transmitted through the Services.
In addition, you hereby agree not to perform any of the following:
16) contact anyone who has asked not to be contacted and/or "stalk" or otherwise harass anyone;
17) collect personal data about other users;
18) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by BuildingSurplus.com;
19) post or otherwise repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our Website;
20) attempt to gain unauthorized access to the Website's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Website; or
21) use any form of automated device or computer program that enables the submission of automated postings on the Website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regularly scheduled intervals.
POSTING & ADVERTISING SERVICE FEES
We may charge a fee to post Content and/or for advertising within the Website, which fee may be changed from time to time at the Website’s sole discretion. The fees are an access fee permitting Content to be posted in a designated area and/or permitting your advertisement to be posted in the Website. Each party posting Content to the Services is responsible for said Content and compliance with this TOU. Each party posting an advertisement in the Website is responsible for said advertisement and shall indemnify BuildingSurplus.com against any claims and/or demands based on same. All fees paid will be non-refundable in the event that:
• Content and/or the advertisement is removed from the Services for violating this TOU.
• Subscriber or Advertiser cancels membership or advertisement.
THIRD-PARTY POSTING AGENTS
Any third-party agent, Services, or intermediary that offer to post Content to the Services on behalf of others (the “Third-Party Posting Agent”), may not be used as a Third-Party Posting Agent to post Content to the Services without the express written permission or license from BuildingSurplus.com. Furthermore, Third-Party Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Services to facilitate posting Content on behalf of others, except with the express written permission or license from BuildingSurplus.com.
ACCESS TO THE SERVICES
The Website grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. This revocable, nonexclusive license does not include grant you:
(1) access to the Services by Third-Party Posting Agents; or (2) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Website in writing.
The Website permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only. If the total number of such postings displayed or linked to on your website exceeds seventy five (75) postings, your use will be presumed to be in violation of this TOU, absent express permission granted by the Website to do so. You may also create a hyperlink to the home page of BuildingSurplus.com sites so long as the link does not portray BuildingSurplus.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Services beyond the scope of authorized access granted to you by this TOU immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from BuildingSurplus.com.
LIMITATIONS ON SERVICES
You acknowledge that the Website may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that the Website has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that the Website reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
TERMINATION OF SERVICES
You agree that the Website, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if the Website believes that you have acted inconsistently with the terms and conditions of this TOU. Further, you agree that Building Surplus shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Any and all Sections that by their nature should survive termination of this TOU, shall survive the termination of this TOU.
VIOLATION OF TOU & LIQUIDATED DAMAGES
Please report any violations of this TOU, by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to any subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for BuildingSurplus.com to pursue legal action to enforce this TOU, you will be liable to pay BuildingSurplus.com the following amounts as liquidated damages, which you accept as reasonable estimates of BuildingSurplus.com’s damages for the following specified breaches of this TOU:
1. If you post a message that (a) falsely states or otherwise misrepresents your affiliation with a person or entity; (b) impersonates any person or entity; or (c) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay BuildingSurplus.com seven hundred fifty dollars ($750.00) for each such message. This provision excludes messages that are lawful non-deceptive parodies of public figures;
2. If Building Surplus establishes limits on the frequency with which you may access the Services, or terminates your access to or use of the Services, you agree to pay BuildingSurplus.com fifty dollars ($50.00) for each message posted in excess of such limits or for each day on which you access the Website in excess of such limits, whichever is higher;
3. If you send unsolicited email advertisements to BuildingSurplus.com’s email addresses or through BuildingSurplus.com’s computer systems, you agree to pay Building Surplus fifty dollars ($50.00) for each such email;
4. If you post Content in violation of this TOU, other than as described above, you agree to pay BuildingSurplus.com one hundred dollars ($100.00) for each Item of Content posted in violation of this TOU. In its sole discretion, BuildingSurplus.com may elect to issue a warning before assessing damages;
5. If you are a Third-Party Posting Agent that uses the Services in violation of this TOU, in addition to any liquidated damages under clause (4), you agree to pay BuildingSurplus.com one hundred dollars ($100.00) for each and every Item of Content posted in violation of this TOU. A Third-Party Posting Agent will also be deemed an agent of the user engaging the Third-Party Posting Agent to access the Services, and the user (by engaging the Third-Party Posting Agent in violation of this TOU) agrees to pay BuildingSurplus.com an additional one hundred dollars ($100.00) for each Item of Content posted by the Third-Party Posting Agent on behalf of the user in violation of this TOU; and
6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of this TOU without BuildingSurplus.com's express written permission, you agree to pay Building Surplus one thousand dollars ($1,000.00) for each day on which you engage in such conduct.
Otherwise, you agree to pay Building Surplus's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this TOU, BuildingSurplus.com retains the right to seek the remedy of specific performance of any term contained in this TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this TOU, or any combination thereof.
You understand and agree that sending unsolicited email advertisements to any of the Website email addresses or through the Website computer systems is expressly prohibited by this TOU. Any unauthorized use of the Website’s computer systems is a violation of this TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Additionally, such violations may subject the sender and his or her agents to civil and/or criminal penalties.
INTELLECTUAL PROPERTY RIGHTS
The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BuildingSurplus.com. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of BuildingSurplus.com, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services and/or Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services or the Website. Although BuildingSurplus.com does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to BuildingSurplus.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant BuildingSurplus.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
You agree to indemnify and hold BuildingSurplus.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, Services providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of this TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM THE INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THIS WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR ALL OTHER GOODS AND SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICES, ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
AMENDMENTS TO THIS TOU
We reserve the right, at our sole discretion, to change, modify or otherwise alter this TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep yourself apprised of any changes. You can find the most recent version of this TOU at:
GENERAL TERMS & CONDITIONS
This TOU constitute the entire agreement between you and the Website and govern your use of the Services, superseding any prior agreements between you and the Website. This TOU and the relationship between you and the Website shall be governed by the laws of the State of
This TOU was last revised on December 6, 2010.