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Jay Sugarman Surplus

Terms and Conditions Agreement

Please read this Agreement Carefully

 

Introduction
Welcome to jaysugarmansurplus.com hereafter referred to as JSS.  We are a local online auction and directory service. By using JSO,  you are agreeing to the following terms and conditions and general principals of this web-site.


This agreement is effective as of 06/01/11 for all new and current users of this service. By accepting this Agreement you acknowledge that you will adhere to the terms and conditions of this Agreement which will apply whenever you use any JSS services.

 

Posting Items or Services on JSS
     * Items posted must not be in violation of local, state or federal laws.
     * Items posted onto JSS must be listed in the proper categories & areas of the JSS site 
     * Listing descriptions must be accurate.
     * Items posted may not contain profane, vulgar, hateful or offensive language.
     * Links or descriptions may not divert buyer from the JSS site
     * Postings must not contain racial slurs
     * Items posted must not be in violation of the JSS prohibited items policy.

               Prohibited items include the following:
             o Pornography
             o Escort services and erotic massages
             o Materials that promote any hate organizations
             o Fraudulent identification documents of any kind
             o Counterfeit material goods of any nature
             o Alcoholic beverages
             o Ammunition, fire arms and explosives.
             o Any items crafted with endangered animal products.

             o Information on how to make explosives
             o Red Phosphorous
             o Thermite
             o Used oils
             o Any medications that have been open and or repackaged
             o Illegal or prescription drugs
             o Radioactive materials

 

 

Sellers Responsibility to Buyer

When a buyer bids on or buys an item, this creates a contract that both parties are expected to honor. (The exception to this will be real estate where a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.) To satisfy said contract and this JSS Agreement this requires that the seller honor both the formal contract obligation and the “common sense” obligation to consistently provide quality service and a pleasant experience for the buyer.

 

 

This includes but is not limited to:
     * Providing an honest and accurate description of the product or service listed.
     * Promptly making items available for pickup or delivery once payment is received.
     * No Shill bidding (Bidding on your own item for the purpose of increasing the bid amount)
     * Having and maintaining accurate contact information.


Sellers who habitually create negative buyer experiences are in violation of this Agreement and may have their privileges suspended and or revoked.

 
Buyers can alert JSS as to their buying experience through our feedback system complete with seller ratings as well as through formal complaints. (see contact us)

 

Buyers Responsibility to Seller
The buyer has responsibility to the seller as does the seller to the buyer. A winning bid as well as using the Buy Now feature constitutes a legally binding contract and must be honored by both parties. (The exception to this will be real estate where a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.) To satisfy said contract and this JSS Agreement, the buyer must:
     * Pay for any item bought or won (within 10 days)
     * Adhere to - Items found on JSS must be purchased on JSS
     * Bid only on items that you intend to buy
     * Have and maintain accurate contact information


Sellers can file “failure to pay” complaints with JSS to report non-payment. If an agreement is not reached said report may noted on buyers account.  Buyers who fail to pay may have their accounts suspended and or revoked. 

 

Fees and Service
Registering, bidding, buying items and using basic listing (posting) services on JSS are free of charge. Fees are charged for using special listing features, placing classified ads and using other services offered by JSS. When items or services are listed, you have an opportunity to review the charges before you accept them.  Charges are based on our current fee schedule.  JSS reserves the right to change the fee structure at their discretion.

 
All fees are calculated in U.S Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, or deducting the amount owed from your PayPal account balance.) 

 

 

Limitation of Liability
You agree not to hold JSS responsible for other users’ content, actions or inactions. You acknowledge JSS is not a traditional auctioneer but instead offers a venue to buy and sell a large variety of merchandise to be sold or purchased online. JSS does not guarantee the quality, safety, or legality of any items bought on the JSS site. Furthermore we do not guarantee the sellers ability to sell, the buyer ability to buy or that any transaction will actually be completed. 

 
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) the total fees you paid to us within the 12 months prior to the action giving rise to the liability, or (b) $100.00.


We cannot guarantee continuous or secure access to our site or services; therefore, as allowed by law, we exclude all warranties, terms and conditions.  We cannot be held liable for any losses of monetary value, including loss of reputations and/or goodwill as well as losses of sentimental value. 

 

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
 

 

 

 

2/6/2012 7:50:36 AM  Contact  |   Terms & Conditions  |   Privacy Policy  |   About Us  |   Fees
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