TERMS AND CONDITIONS FOR Champaignsurplus.com
The champaignsurplus.com web site (the "Web Site") is owned by Champaign Surplus Store, Inc. (“CS”) and our service providers. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEB SITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEB SITE.
2. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Site are subject to change at any time without notice. Online prices and selection generally match our store, but may vary. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping policies contained on the Web Site. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Store pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4. Order Processing. We reserve the right to reject, and / or limit quantities of any order, for any reason. If we reject or limit an order, we will attempt to contact you with the information provided to us with the order.
5. Accuracy of Information. We attempt to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, the information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on the Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
6. Copyright Notices. The works of authorship contained in this Web Site, including but not limited to, all design, text, graphics, images, information, content, and other material displayed on or that can be downloaded from the Web Site (the “Content”) are either the property of CS, or used with permission by CS, or our suppliers and are protected by copyright, trademark and other laws and may not be used, copied, transmitted, displayed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the prior written consent of CS, or the owner of such material, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owners’ proprietary rights, provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. The compilation of all content of the Web Site is the exclusive property of CS and protected by U.S. and international copyright laws. All rights reserved. All software used on this site is the property of CS or its software suppliers and protected by U.S. and international copyright laws. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
7. Trademark Notices. Certain trademarks, trade names, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks of CS. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without the written permission of CS or such third party owner.
8. Linking to the Web Store. Creating or maintaining any link from another web site to any page on the Web Site without CS's prior written permission is prohibited. Running or displaying the Web Site or any material displayed on the Web Site in frames or through similar means on another web site without CS's prior written permission is prohibited. Any permitted links to the Web Site must comply will all applicable laws, rule and regulations.
9. Third Party Links. From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by CS. All such links are provided solely as a convenience to you. If you use these links, you will leave the CS Web Site. Neither CS, its service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other web site. CS and its service providers or suppliers do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from the Web Site, you do so entirely at your own risk.
10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that CS may have at law or in equity, if CS reasonably determines that you have violated or are likely to violate the foregoing prohibitions, CS may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Web Site of the related materials. CS will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing CS to disclose the identity of anyone posting such materials.
12. DISCLAIMERS. YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CS NOR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THE WEB SITE MAY BE OUT OF DATE, AND NEITHER CS NOR ANY OF THEIR SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. LIMITATIONS OF LIABILITY. CS does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site or your downloading of any materials, from the Web Site. IN NO EVENT WILL CS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE.
14. Revisions to these Terms and Conditions. CS may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Web Site.
15. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and CS to the extent necessary to resolve any inconsistency or ambiguity between them. The Web Site is administered by CS from its offices in Illinois. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site shall be brought only in the courts of the County of Champaign, Illinois or the United States District Court Southern District of Illinois. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Enforceability. In the event any of the terms or provisions of these Terms and Conditions are held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with CS.
17. Termination. You or we may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
18. Changes to Web Site. CS OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND CS DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CS RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, BY OFFERING THIS WEB SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEB SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY CS TO ANY PERSON TO USE THE WEB SITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEB SITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
19. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 877-480-HIKE (4453).