|
Order Hot Line
(208) 552-0571 Warthog Surplus 178 Emerson Shelley, Idaho 83274 (208) 357-7356 WARTHOG SURPLUS CLICK here to Bookmark this site. 
|
|
Terms and Conditions of Use Please read these Terms and Conditions of Use carefully. If you access or use Warthog Surplus website (the "Web Site"), you agree to these Terms and Conditions of Use. This Web Site is sponsored by Warthog Surplus ("Warthog"). Warthog may amend these Terms and Conditions from time to time. Amended Terms and Conditions will be effective when posted on the Web Site, and your continued use of the Web Site after that time will indicate your acceptance of any changes. · License and Web Site Access Specific Prohibited Uses · Third-Party Content Registration and Password · Security Privacy Statement · Linked Sites Disclaimers · Limitation of Liability Indemnity · Termination of Access Copyright · Procedure for Making Claims of Copyright Infringement · Trademarks · General Terms License and Web Site Access Warthog grants you a limited license to access and make personal use of the Web Site, including for your own, internal business purpose. We do not authorize you to download (other than page caching) or modify all or any portion of the Web Site. This license also does not include any right to resell or otherwise use the Web Site or any content on the Web Site for any commercial purpose; to collect or use any product listings, descriptions, or prices; to make any derivative work based on the Web Site or its content; to download or copy account information for the benefit of yourself or another merchant; or to use any data mining or similar data gathering tools on the Web Site. Specific Prohibited Uses The Web Site may be used only for lawful purposes. Warthog specifically prohibits, and you agree not to do any of, the following: ·· Use any device, software or routine to interfere with the proper working of the Web Site or any activity conducted on the Web Site; ·· Attempt to decipher, decompile, disassemble or reverse engineer any of the software or other programming code comprising all or any part or feature of, or access through, the Web Site; ·· Take any action that imposes an unreasonable or disproportionately large load on the Web Site infrastructure; ·· Use or attempt to use any engine, software, tool, agent or other device to navigate or search the Web Site other than a search engine and search agents provided by Warthog or generally available third-party Web browsers, such as Netscape Navigator and Microsoft Explorer; and ·· If you have a password allowing access to a non-public area of the Web Site, including, without limitation, third-party content and features or functionality for which user fees apply, disclose or share your password with any third-party or attempt to use your password for any unauthorized purpose. Third-Party Content Warthog may publish content provided by third parties. Access to some third-party content may be limited to authorized users. Warthog is not responsible for the opinions, statements, services, offers and other information of third parties, including the accuracy of any technical information. It is up to you, the user, to determine whether information available on the Web Site satisfies your needs. Warthog EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION PUBLISHED ON THE WEB SITE IS ACCURATE OR ERROR-FREE. PUBLICATION OF THIRD-PARTY CONTENT ON THE WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY BY Warthog. Submissions We welcome your comments regarding the Web Site. By providing to us any comments, information, ideas or suggestions, including any original creative materials such as stories, photographs, product ideas, computer code or original artwork (collectively, "Comments"), you agree that Warthog shall have a non-exclusive, worldwide, royalty-free, perpetual license and right to use, reproduce, disclose, publish, distribute and sublicense the Comments for any purpose whatsoever, without restriction and without compensating you in any way. If you do not wish to grant Warthog such rights, we ask that you not send us any Comments. We also ask that you not send us any information you consider confidential. Registration and Password Certain areas or features of the Web Site may be limited to authorized users. For example, technical information from a particular manufacturer may be limited to the manufacturer's authorized dealers, and proof of authorization may be required by Warthog. You are responsible for maintaining the confidentiality of any user identification and password assigned to you to access those areas or features of the Web Site. You shall also be responsible for all activity using your user name and password, whether or not expressly authorized by you. You agree to notify Warthog immediately if anyone obtains unauthorized access to your user name and password. Security See Privacy Statement. Linked Sites The Web Site includes hyperlinks that will take you out of the Warthog Web Site to third-party web sites. These links are provided for your convenience only and should not be considered an endorsement by Warthog of the sponsors of the linked web sites or the products, services or information provided through the linked web sites. Third-party linked web sites are not controlled by Warthog. Warthog DISCLAIMS ALL RESPONSIBILITY FOR ANY CONTENT ON ANY LINKED WEB SITE AND FOR ANY REPRESENTATION OR CLAIM RELATING TO THE QUALITY OF ANY PRODUCT OR SERVICE OFFERED ON, OR OBTAINED THROUGH, ANY LINKED WEB SITE. Disclaimers Due to the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the content transmitted. Warthog DOES NOT WARRANT THAT THE OPERATION AND AVAILABILITY OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEB SITE WILL MEET YOUR PARTICULAR REQUIREMENTS. THE WEB SITE IS MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Warthog DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEB SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Warthog DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEB SITE IS ACCURATE, COMPLETE OR CURRENT. Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Limitation of Liability UNDER NO CIRCUMSTANCES WILL Warthog OR ANY OF ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR THE INABILITY TO USE THE WEB SITE, OR ANY CONTENT IN, OR TRANSACTIONS THROUGH, THE WEB SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR IF THE POSSIBILITY OF SUCH DAMAGES SHOULD HAVE BEEN KNOWN. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits). In the event your use of the Web Site is subject to the law of any state or other jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages, such exclusion shall be deemed to be limited to the minimum extent necessary to comply with such applicable law. If you are dissatisfied with the Web Site or any content on the Web Site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Web Site. Indemnity You agree to indemnify, defend and hold harmless Warthog, and its parent, subsidiaries and affiliates, and their respective officers, employees, agents, successors and assigns (the "Warthog Indemnitees") from and against any damage, cost or loss, including reasonable attorneys' fees, incurred by any of the Warthog Indemnitees due to, or arising out of, your use of the Web Site, your connection to the Web Site, your violation of these Terms and Conditions, or your violation of any rights of another, including any damage, cost or loss arising from any claim or demand of a third party against any of the Warthog Indemnitees. Termination of Access Warthog reserves the right to prohibit access to, and use of, the Web Site by any user who, in Warthog's sole discretion, violates these Terms and Conditions. Warthog may take steps to prohibit access or use without prior notice to the user. You agree that Warthog shall not be responsible or liable to you or any third party for termination of your access to the Web Site. Intellectual Property Rights All content including, without limitation, headers, images, illustrations, graphics, text, logos, button icons, audio clips, digital downloads and data compilations, and the compilation (meaning the collection, arrangement and assembly) of content, software and any HTML and other programming code comprising the Web Site, is the exclusive property of Warthog, its affiliates or its content suppliers. United States and international copyright and other intellectual property laws protect all of the foregoing. Any use of the Web Site or any content on the Web Site other than as provided in the license above, including any reproduction, display, modification, distribution, transmission or republication, is strictly prohibited. Trademarks The trademarks, service marks and logos (collectively, "Trademarks") used and displayed on the Web Site are registered and unregistered Trademarks of Warthog, its subsidiaries, affiliates and third-party licensors. Nothing on this Web Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Web Site without the prior written permission of the Trademark owner. General Terms Warthog Surplus produces the Web Site and/or makes the Web Site available from its offices in the State of Idaho. Accordingly, these Terms and Conditions shall be governed in all respects by the laws of the State of Idaho, without regard to choice of law principles. In addition, you hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Idaho. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and Conditions and/or of any notice given by Warthog in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms and Conditions or your use of the Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Warthog in printed form. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including, without limitation, these General Terms and the warranty disclaimers and limitations of liability. Notwithstanding the foregoing, in the event any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions and the Privacy Statement set forth the entire understanding and agreement between us with respect to your use of the Web Site. Other agreements may apply to your use of products and services offered through the Web Site (collectively, "Product Agreements"). These Terms and Conditions and the Privacy Statement supersede all prior or contemporaneous communications regarding use of the Web Site, whether electronic, oral or written, between you and Warthog except any Product Agreements. Any product or service offered for a fee through the Web Site or at any area of the Web Site where access is restricted may be subject to the terms and conditions of a separate license or other agreement, which shall not be superseded by these Terms and Conditions. Any modification of these Terms and Conditions must be proposed by you in writing and accepted in writing by a duly authorized representative of Warthog. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any rights not expressly granted to you in these Terms and Conditions are reserved to Warthog. |