Last updated and effective as of 1/23/2023
Welcome to NEO Surplus LLC’s Terms of Use Agreement. The following terms and conditions govern usage of the website, products, services, information and sales which can be accessed at neosurplus.com. “Service” refers to the Company’s services accessed via the Site, in which users can view and buy products. The terms “we”, “us”, and “our” refer to the Company, NEO Surplus LLC.
“You” and “User” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our website located at neosurplus.com or social media platforms.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to the bound by these Terms of Use in their entirety, you may not access or use the Service.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: neosurplus.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICE
The Service allows you to view and purchase products for sale. This includes payment processing through a third party payment portal such as, but not limited to, PayPal.
RETURNS
If you are not satisfied with your purchase, it may be returned within 30 days from date of shipment to get a refund.
New items must be received back in the original packaging without any tampered or broken manufacturer seals. Removing the item from the manufacturers packaging, tampered or broken manufacturer seals voids a refund.
New open box and used items must be in the same condition with the exception of being damaged in shipment.
Return shipping is the responsibility of the buyer unless the item is not as described.
The Seller does guarantee that any Products you purchase that are categorized as New, New Other, Refurbished or Used will be in good working condition at the time of delivery. All products are sold “as is” and expressly disclaim any warranties of any kind, whether expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular use.
How to Return an item
Please email care@neosurplus.com for a return merchandise authorization (RMA) number. An RMA number is required to initiate the return process.
ERRORS
In the event that a product or service is mistakenly listed at an incorrect price, the Company reserves the right to cancel or refuse any order for the product or service. Company reserves the right to refuse or cancel any order regardless of whether the order was confirmed or not. If user’s payment was processed for the purchase, the Company will issue a refund for the amount paid by the user.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated Copyright Agent at NEO Surplus LLC, 9401 Mentor Ave., #298, Mentor, OH 44060:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Ohio and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to care@neosurplus.com or mail to the following postal address:
NEO Surplus LLC
9401 Mentor Ave.,
#298
Mentor, OH 44060
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
RISK OF LOSS
All purchases of physical items from NEO Surplus are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SHIPMENTS
All Products ordered, shipped, and charged from the Seller. The Seller will ship Products with there own carrier, and in the event of a loss, Seller will file a claim on the Buyers behalf, and you hereby subrogation all your rights pursuant to this claim to Seller upon Seller providing you with a refund of the original value you paid for the Product.
In the event that the Seller allows the Buyer to provide and ship Product via the Seller’s shipping account, the Buyer agrees that they are responsible for any expenses incurred by the Seller in collecting the amounts due in the event of non-payment. Such expenses include, but are not limited to shipping costs, storage fees, fees paid to collection agencies, bank fees for insufficient funds, and the Seller’s legal fees. The availability of collect shipping is at the Seller’s sole discretion and is subject to the carriers policies and terms.
Shipments arranged to be picked up from NEO Surplus are freight on board at the Sellers location, you assume all risk and liability for any shipping costs and/or damages from that point.
The Buyer is responsible for all applicable fees associated with importing or customs duties, taxes, charges, duties, etc. that are not included in the price or shipment of the product.
OTHER
This Agreement constitutes the entire understanding between NEO Surplus and User in regards to the Website and/or Purchase. Any claim must be initiated within one (1) year after the claim or cause of actions arises. The User may not assign, convey, subcontract or delegate your rights, duties, or obligations under these Terms and Conditions of Sale. In the event of a legal or equitable dispute between NEO Surplus and User, if the NEO Surplus is prevailing party in that claim, NEO Surplus will be entitled to recover, and User agrees to pay NEO Surplus, all reasonable attorneys’ fees, incurred and any costs of litigations in addition to any other relief at law, or equity to which such parties may be entitled.
WARRANTY DISCLAIMER
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY NEO SURPLUS LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. THE SELLER MAKES REASONABLE EFFORTS TO ENSURE THE ACCURACY AND COMPLETENESS OF THE INFORMATION ON THIS WEBSITE. THE SELLER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED DUE TO INACCURATE OR INCOMPLETE INFORMATION RELATING TO A PRODUCT DISPLAYED, INFORMATION PROVIDED, OR ITEM PURCHASED FROM THIS WEBSITE.