User Obligations
By using the Service, the User agrees to the following obligations:
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The User will provide accurate, complete and up-to-date information when registering for the Service and will update this information as necessary.
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The User will not use the Service for any unlawful purpose, including but not limited to, fraud, money laundering or terrorist financing.
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The User will not use the Service to harass, abuse, or harm another person, or to collect or store personal data about other Users without their consent.
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The User will not interfere with or disrupt the Service or servers or networks connected to the Service.
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The User will not attempt to gain unauthorized access to the Service or any accounts, computer systems or networks connected to the Service.
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The User will not use any automated means, including but not limited to, robots, spiders, or scrapers to access the Service.
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The User will not transmit any viruses, malware, or other harmful code through the Service.
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The User will comply with all applicable laws and regulations while using the Service.
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Intellectual Property Rights: The Service and all materials contained therein, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of The Surplus Agents for Americans or its content suppliers and are protected by United States and international copyright laws. The User acknowledges that the Service contains proprietary information that is protected by intellectual property laws and treaties. The User agrees not to reproduce, modify, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as expressly permitted by The Surplus Agents for Americans in writing.
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Limitation of Liability: The User acknowledges and agrees that The Surplus Agents for Americans shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Surplus Agents for Americans has been advised of the possibility of such damages), resulting from:
The use or inability to use the Service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received, or transactions entered into through or from the Service;
Unauthorized access to or alteration of User transmissions or data;
Statements or conduct of any third party on the Service.
Any other matter relating to the Service.
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. Indemnification: The User agrees to indemnify, defend, and hold harmless The Surplus Agents for Americans, its affiliates, officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by the User.
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Termination: The Surplus Agents for Americans reserves the right to terminate this Agreement and User’s access to the Service at any time, without notice, for any reason, including but not limited to, User’s violation of this Agreement.
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Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. The User agrees to submit to the personal jurisdiction of the state and federal courts located in the State of California for any disputes arising out of or related to this Agreement or the use of the Service.
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Entire Agreement: This Agreement constitutes the entire agreement between the User and The Surplus Agents for Americans with respect to the use of the Service and supersedes all prior or contemporaneous communications and proposals, whether oral or otherwise.
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Indemnification is a legal term that refers to the obligation of a party to compensate another party for any losses or damages they may incur as a result of the first party’s actions. In this section, The Surplus Agents for Americans is stating that the user agrees to hold them harmless and indemnify them from any liability or costs arising from the use of the service. This includes any legal fees and costs incurred by The Surplus Agents for Americans in connection with any claims arising out of the user’s use of the service.
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The section on Communications and Other Data states that The Surplus Agents for Americans is not responsible for any loss of data that may occur due to various reasons, including accidental or deliberate deletion, network or system outages, or file corruption.
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The Surplus Agents for Americans also reserves certain rights, such as the right to release user information in certain circumstances, deny service to offenders, and terminate or deny service to anyone for any reason. The user is responsible for reading and complying with any changes to the terms of service.
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Finally, The Surplus Agents for Americans asserts its proprietary rights over certain aspects of the system, including its name, overall design, appearance, and collective work copyright in message threads on the system. Users must obtain permission before reproducing any message thread or other material from the system.
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The Surplus Agents for Americans provides the Service on an “as is” and “as available” basis, without any warranties or guarantees of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty that may arise from a course of dealing, usage, or trade practice.
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The User acknowledges and agrees that The Surplus Agents for Americans does not guarantee that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. The User also acknowledges and agrees that The Surplus Agents for Americans does not guarantee the accuracy, completeness, reliability, or usefulness of any information obtained through the Service.
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The User acknowledges and agrees that The Surplus Agents for Americans will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Service or any information obtained from the Service, even if The Surplus Agents for Americans has been advised of the possibility of such damages.
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The User acknowledges and agrees that The Surplus Agents for Americans will not be responsible for any content or conduct of any third-party service, including but not limited to advertisers, sponsors, or other Users of the Service.
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The User acknowledges and agrees that any content or information obtained through the Service is done at the User’s own discretion and risk, and that the User will be solely responsible for any damage to their computer system or loss of data that results from the download or use of any such material.
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The User acknowledges and agrees that The Surplus Agents for Americans reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
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The User acknowledges and agrees that The Surplus Agents for Americans will not be liable to the User or to any third-party for any modification, suspension, or discontinuance of the Service.
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The User acknowledges and agrees that any reliance on the Service or any information obtained through the Service is done at the User’s own risk, and that The Surplus Agents for Americans will not be liable for any errors or omissions in any content or information provided through the Service.
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In no event shall The Surplus Agents for Americans or its officers, directors, employees, or agents be liable to the User or any third-party for any damages, losses, or causes of action arising out of or in connection with the use or inability to use the Service, including but not limited to any damages or losses caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
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This is a disclaimer of warranties and limitation of liability for the use of a service provided by The Surplus Agents for Americans. The disclaimer states that the service is provided on an “as is” and “as available” basis, and The Surplus Agents for Americans expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Surplus Agents for Americans makes no warranty that the service will meet user’s requirements, that it will be uninterrupted, timely, secure, or error-free, or that any information obtained through the service will be accurate or reliable.
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The disclaimer also states that The Surplus Agents for Americans is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the service, or for the cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service, or resulting from unauthorized access to or alteration of user’s transmissions or data, including but not limited to damages for loss of profits, use, data, or other intangibles, even if The Surplus Agents for Americans has been advised of the possibility of such damages.
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The user further agrees that The Surplus Agents for Americans shall not be liable for any damages arising from interruption, suspension, or termination of service, including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
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In summary, the user of the service provided by The Surplus Agents for Americans agrees to use the service at their own risk and acknowledges that The Surplus Agents for Americans is not liable for any damages resulting from the use or inability to use the service.
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This section of the agreement outlines the process for resolving any disputes between the User and The Surplus Agents for Americans through binding arbitration. The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association and will be held in the County of Broward, Florida. Any judgment on the arbitration award may be entered by any court having jurisdiction in the County of Broward, Florida.
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It is important to note that any controversy or claim must be arbitrated on an individual basis and cannot be consolidated in any arbitration with any claim or controversy of any other party. Either party may seek interim or preliminary relief from a court of competent jurisdiction in the County of Broward, Florida to protect their rights or property pending the completion of arbitration.
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This section also specifies that the Agreement and the relationship between the User and The Surplus Agents for Americans shall be governed by the laws of the State of Florida, regardless of the User’s location. The Agreement incorporates the Privacy Policy and any notice contained on the website pages, and constitutes the entire understanding between the User and The Surplus Agents for Americans regarding the User’s relationship with the Service.
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If The Surplus Agents for Americans fails to exercise or enforce any right or provision of this Agreement, it does not waive that right or provision. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the other provisions of the Agreement remain in full force and effect.
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Finally, any claim or cause of action arising out of or related to the use of the Service or the Agreement must be filed within one year after the claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.