Terms of Service

Welcome to SIGMA Surplus. These terms (“Terms”) govern your use of the websites, content and applications of SIGMA Surplus (the “Service”). Please read them carefully.
BY REGISTERING WITH US, AND EACH TIME YOU USE THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS.

These Terms serve as a contract between you and us. It has the same effect as an agreement in writing. We use the term “we” or “us” to mean SIGMA Surplus and our affiliates, and we use the term “you” or “your” to mean either you as an individual or the entity on whose behalf you are accepting these Terms. Any and all visitors to the site are subject to these Terms whether they are unregistered and simply viewing content (user), or registered with SIGMA Surplus (member). By creating an account, you are registering with SIGMA Surplus.

We may change these Terms at any time. The changes take effect after we post the changes. If you do not agree to the changes, you must discontinue your use of the Service immediately. Otherwise, the new Terms will apply to you.

You understand and agree that we may discontinue or change any aspect of the Service at any time. Our Services are based in the United States and are not customized for use in any other country. You must comply with the laws of your jurisdiction when you use the Service.

Prices for our products are subject to change without notice. The products listed on our site may be of limited quantity. Any and all additions and modifications to the Service will also be subject to these Terms.

A 20% Restocking fee will apply to all non-warranty returns.

We have made every effort to ensure that the content on this site is current, complete, and accurate to the best of our knowledge.

If you register with us, you must provide us with true and accurate information about yourself, and you agree to keep this information up to date. When you create an account, you become a registered member. To register, you must be 18 years of age or older, and able to enter into a legally binding contract.
If you knowingly provide false, inaccurate, misleading, or incomplete information, SIGMA Surplus reserves the right to suspend or terminate your registration, and may refuse any future use of our Service.

By registering and agreeing to these Terms, you acknowledge that you will NOT:

• Impersonate any individual or entity, or misrepresent your affiliation with any individual or entity.
• Upload any content that you do not personally have the right to distribute.
• Upload, post, email, or otherwise transmit any source that may contain a virus, software, or computer code designed to interfere, destroy, or limit the operation any software, hardware, or communication equipment.

We reserve the right to refuse or delete any content submitted through our Services. We reserve the right to remove and/or delete any content that violates our Terms. We reserve the right to access and/or disclose any account information or content if it is requested by law.

We give you a personal, limited, non-transferable, non-assignable and non-exclusive license to access and use the Service for your personal use and subject to these Terms.

You may not, nor permit any other party to:

• Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of the Service and its content;
• Export or re-export the Service or its technology and applications in violation of any United States export law or regulation;
• Violate these Terms, applicable laws, or the rights of others;
• Frame any of the Service’s Web sites, pages or other content;
• Scrape or use any manual automated process to capture data or content from the Service and its databases; or
• Attempt to gain unauthorized access, circumvent our registration process, or use any process to damage, disable, impair, or otherwise attack the Service or its network and computers.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms.

By uploading and transmitting text, files, searches, photos, videos, etc., you are communicating through our online network. You therefore acknowledge that the use of our Service will result in interstate communication.

We and our licensors exclusively own all intellectual property rights, title and interest in any materials, content, broadcasts, applications, website organization and designs, trademarks, trade names and logos on the Service. By accepting these Terms, you agree not to display and/or use in any manner the SIGMA Surplus logo, name, or other intellectual properties of SIGMA Surplus.

We reserve the right to limit the amount of server storage space allotted to any member. We are not responsible or liable for the removal or failure to maintain storage of communications or content transmitted through our Service. We reserve the right to delete, remove, or deactivate any account that is inactive for an extended period of time.

We reserve the right to allow third party advertisements on our Services. We are not responsible or liable for any loss or damage incurred as a direct result of an interaction or dealing with an advertiser on our website, app, or any other Service.

SIGMA Surplus may provide links to third party content. We are not responsible for the availability, content, products, advertising, or services located on a third party link.

Either you or we may cancel or terminate access to the Service, and terminate these Terms at any time without notice and for any reason. You may terminate your membership by sending us a message through the Contact Us page.

IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, OR VOLUNTEERS HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIGMA SURPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT SIGMA SURPLUS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ALL TIMES AND PLACES. SIGMA Surplus will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely AT YOUR OWN RISK.

By purchasing items from the SIGMA Surplus Overstock page, you acknowledge and agree that all parts are sold 'as is' and 'where is,' without warranties or guarantees of any kind. We do not accept returns or offer refunds for any reason. Please ensure you review product descriptions carefully before making a purchase.

You agree to indemnify us, our parent, officers, directors, employees, agents, representatives, affiliates, licensors or volunteers from and against any loss, damage, liability or expense (including, but not limited to reasonable attorney's fees) incurred by or awarded against us, to the extent that it arises under a claim based upon any breach by you of your obligations or warranties under these Terms.

You agree to accept these Terms and transact with us electronically. We may provide notices by email or by posting a notice on the Service. You will need Internet access, a computer with a standard Internet browser such as Microsoft Explorer, Mozilla Firefox, Apple Safari, Google Chrome or Opera to review these Terms, our websites and our notices. You will need a printer that works with your computer in order to print out a set of these Terms. You can withdraw your consent to receive notices electronically by discontinuing your use of the Service.

Your registration data and personal information are protected by our Privacy Policy. By agreeing to these Terms, you also consent to the collection and use of your information, as detailed in the Privacy Policy.

You may not assign your rights or obligations under these Terms. We may assign these Terms at any time. Neither you nor we are an employee, agent, partner, joint venture or legal representative of the other. If any provision of these Terms is held unenforceable by a court of law, the remaining Terms of this agreement shall remain in force and effect. These Terms serve as the final and complete agreement between you and us regarding your use of the Service. These Terms shall be governed by, and interpreted under, the Laws of Indiana. You agree to submit to the jurisdiction of the courts within Vanderburgh County, Indiana or the Indiana U.S. District Court. You agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.