Welcome to SpaceExcess.com, a website of SpaceExcess, LLC. By registering on this website, you agree that you have read, understand and accept these Terms and Conditions (“User Agreement”). This User Agreement governs your use of our website and services. In the event of a dispute, this User Agreement will guide the dispute resolution process and define your and our remedies. In particular, we call your attention to the sections below on Disclaimer of Warranties (Section 11), Limitation on Liability (Section 12), Defense and Indemnity (Section 13), Dispute Resolution (Section 14), and List of Prohibited Items (Section 18).
Effective Date/Last Updated: This User Agreement was last updated on November 20, 2017.
Table of Contents
- Introduction to SpaceExcess.com
- Rules for All Users
- Access to our Services and Site
- Seller Rules
- Buyer Rules
- Online Auctions
- Sales Events
- Fees and Payments
- Intellectual Property Rights
- Disclaimer of Warranties
- Limitation on Liability
- Defense and Indemnity
- Governing Law and Dispute Resolution
- Disputes Among Users
- Disclaimer of Third Party Content
- List of Prohibited Items
1. Introduction to SpaceExcess.com
About SpaceExcess.com: SpaceExcess.com is an online marketplace for nearly the entire spectrum of space and aerospace industries. SpaceExcess.com provides auctions and fixed-price sales for excess space industry manufacturing inventory, overruns, cancelled program hardware, new parts for space systems. The Site is tailored to aerospace and space industries, as well as collectors of aerospace and space exploration artifacts.
This User Agreement and Listings on Our Site: The terms and conditions on which SpaceExcess, LLC ("SpaceExcess") offers Users access to, and use of, the SpaceExcess.com website (the “Site”) and other related services (“Services”; including estimated valuations, best type of sales solution, shipping and legal referrals, etc.) are based on this User Agreement. With respect to each specific auction or sale of items, the terms specific to that auction or sales event are described in the listing of those items (each a “Listing”). Certain Listings on certain marketplaces may include a “Notice to Purchasers” or a similar written disclosure containing terms and conditions specific to that auction or sale. For example, a Listing may include a Notice to Purchasers defining clearance dates, currency accepted for payment, payment dates and removal deadlines. Each Listing is incorporated by reference into this User Agreement for purposes of that specific auction or sales event described in that Listing. This User Agreement takes priority over any terms in a Listing in the event of a conflict between the terms and this User Agreement.
SpaceExcess simply provides an online marketplace. SpaceExcess does not own or sell any items on our site. All sales are directly between the Seller and the Buyer. All sale warranties and product information are the responsibility of the Sellers, including any export control information or classifications. SpaceExcess is not a broker under the ITAR and does not provide any product information to Buyers.
2. Rules for All Users
Registration Requirements and Eligibility: To participate in an auction or sales event as a Seller or a Buyer, you must:
- Register on our Site, providing an accurate and verifiable name, address, telephone number, email address, and other requested information;
- Be a real person, business or legal entity;
- Be at least 21 years of age and be able to enter into a legally binding contract;
- If you are registering on behalf of a business or legal entity, have the authority to enter into a legally binding contract on behalf of that business or legal entity; and
- Accept this User Agreement and any future amendments to it.
All registration information provided by Buyers and Sellers to SpaceExcess shall be current, complete, and accurate. You agree and are solely responsible to provide accurate information that will be used to identify you to this system, to deliver notices to you, run restricted parties searches, and to allow us to contact you. If your information changes, you are responsible to update such information on the Site. We will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner.
We may refuse our services to anyone at any time at our sole discretion. You may be permanently banned from our Site if you provide false information when registering, such as a false name or fraudulent contact information. You may be permanently banned from our Site if you are the successful Bidder and do not honor your auction bid.
General User Restrictions: You will comply with applicable laws pertaining to their performance under this User Agreement. You certify not to use the Site or our Services in furtherance of any illegal activity. In particular, you must NOT:
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Post content that infringes the intellectual property rights of any third party;
- Use our Services, directly or indirectly through others, if you are temporarily or indefinitely suspended from using our Site or Services;
- Distribute viruses or any other technologies that may harm SpaceExcess, or the interests or property of other Users;
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Site or our Services, without our prior written consent and, as applicable, the appropriate third party;
- Harvest or otherwise collect information about other Users, including email addresses, without their consent;
- Transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among employees of the same business entity;
- Export or facilitate any export, transfer, or re-export of any item or related technology or technical data without proper compliance with applicable laws and regulations;
- Transfer any item or information to a Restricted Party, Specially Designated National or any entity restricted by the United States Government; or
- Engage in bribery, which we define as giving or offering anything of value in exchange for any unfair economic advantage.
You should immediately report any request for a bribe or any other form of illegal or questionable activity by emailing the details of such conduct to email@example.com.
Restricted Parties: You represent that you and any business for which you are acting as an agent are not listed on the U.S. Department of Commerce Denied Persons, Entity or Unverified Lists, the U.S. Department of State’s Debarred and Nonproliferation Lists, or any of the Specially Designated Nationals and Blocked Persons lists, any European Union sanctions list, the United Kingdom HMT list, any United Nations sanctions list, or similar or successor lists, (collectively “Restricted Party Lists”), and that if it is discovered that you were on a Restricted Party List, or acting on behalf of a party on one at the time you bid, any sale resulting from your bid is void, and you are liable to us and the Seller for all damages resulting from your misrepresentation. All parties to the transaction on the Site will comply with all applicable sanctions requirements.
You represent and warrant that you are not located in an embargoed or sanctioned country nor are you acting on behalf of any person or entity subject to sanctions issued by the U.S. government or the government where the item is located.
Export Control Compliance: It is the policy of SpaceExcess to comply with all applicable export control laws. SpaceExcess is not a Buyer, a Seller, or a broker of Listings. Therefore, the information provided herein and on the Site is to assist Buyers and Sellers with export compliance. Export control laws restrict the transfer and export of certain types of information, technology, and other items. Both Sellers and Buyers are responsible to ensure that all transactions comply with all applicable U.S. laws and regulations before any sale/purchase. Buyers and Sellers are advised to ensure that an item(s) can be exported, if that is the intent of both parties, before it is purchased from the Seller. You accept and expressly assume full responsibility for determining export, re-export, and transfer licensing requirements for any item you purchase and end use and end-user prohibitions.
3. Access to our Services and Site
Electronic Auction: Buyer and Seller acknowledge that transactions on this Site are conducted electronically and the Site’s hardware and software may malfunction without warning.
Control of Access to our Marketplace: At our sole discretion, we reserve the right to refuse to do business with any party. We may limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without notice to you.
Cancel Inactive Accounts: We may at any time cancel unconfirmed accounts or accounts that have been inactive.
Right to Discontinue Services: We may also modify or discontinue part or all of our Services at any time.
Your Termination Right: You may terminate your right to engage on our Site and for our Services pursuant to this User Agreement upon written notice to us; provided, however, that such termination will not relieve you of any obligation arising prior to termination, and immediately upon termination, you will no longer be authorized to use our Site or our Services.
No Professional Advice: Any information supplied by any of our owners, officers, directors, employees or agents, in any form whatsoever, is intended solely as general guidance on the use of our Services and our Site and does not constitute legal, technical or compliance advice.
5. Seller Rules
Requirements to be a Seller: In order to participate as a Seller in an auction or sales event, you must:
- Agree that there are no contingencies to your auctions or sales events other than those stated in this User Agreement and, with respect to a specific auction or sales event, in that Listing;
- Deliver items sold by you within expected shipping and handling times as posted in the Listings;
- Not sell any counterfeit, stolen, or prohibited items as set forth on our Prohibited Items list (see, Section 18);
- During the period that you have listed items for sale on our Site, grant SpaceExcess an exclusive right to sell the items described in the Listing;
- Promptly pay the SpaceExcess fees involved with the sale of your item(s).
- For items imported or exported, agree that SpaceExcess is not a principal party in the transaction and acts as neither the importer nor exporter and thus is not responsible or liable for any export and import requirements.
- Provide accurate export USML or ECCN classifications and import HTSUS classifications, or notify potential Buyers that such items have not been classified. (SpaceExcess has no responsibility to classify your products.)
Seller Warranties: Upon your posting of items for sale, you represent, warrant and agree that you are irrevocably offering to sell such items to any Buyer who satisfies the requirements of the auction or sales event and terms of payment. With respect to each sale of items, you represent, warrant and agree that:
- You own the items being sold and have marketable legal title to such items, free and clear of any lien, security interest, leasehold interest, co-ownership interest, or any other type of encumbrance;
- You have authority to list the items for sale, to sell the items, and to transfer title of the items to a Buyer;
- You are complying at your sole responsibility with all laws and regulations applicable to the sale of your items;
- You have no information that causes you to doubt the veracity of the Buyer or cause you to question the end use or end user;
- You have screened the Buyer to ensure it/he/she is not a Restricted Party or Specially Designated National and that a sale to the Buyer does not violate any export control or Office of Foreign Assets Control current embargo or sanction requirement; and
- You have arranged shipping methods and costs with the Buyer before the sale is concluded.
For Sellers in the European Union: The Site may only be used by commercial (non-consumer) parties, who have a valid VAT ID number that is verifiable through the European Union Commission's VIES database.
Listing Requirements: We reserve the right to accept or reject any or all Listings. Further, we reserve the right to review and/or remove any Listing. We are not responsible for any misrepresentations made by you, or any confusion caused by our removal of any Listings.
Shill Bidding Strictly Prohibited: To protect the integrity of our Site, SpaceExcess strictly prohibits shill bidding. Shill bidding is the act of bidding on your own items, either directly or indirectly, in an effort to artificially raise the price at which your items will eventually sell. This includes, but is not limited to, knowingly directing or allowing a third party to perform the artificial bidding against other legitimate bidders in the auction or sales event. Shill bidding is not only a violation of our policy, but shill bidding also violates the laws of some countries, including the U.S., and may subject anyone who engages in it to criminal prosecution.
Non-Circumvention: You agree not to negotiate, communicate, or transmit any information of any kind with any other User (whether or not the User has placed a bid) in an attempt to complete a sale of any item through any means other than our online marketplace (a “Circumventing Transaction”). In the event a Seller completes a Circumventing Transaction within 12 months following the expiration of a Seller’s auction, Seller understands and agrees that Seller is obligated to immediately remit a success fee to SpaceExcess equal to 15% of the final aggregate gross sale price of each item sold in the Circumventing Transaction. This non-circumvention clause will apply to Users and any principals, agents or representatives. This provision will not be construed as applying to any Users having pre-existing relationship developed independent of our site or our Services.
No Guarantees: You acknowledge that despite our efforts, Buyers may fail to perform. We do not provide any warranties, representations or guarantees that Buyers will pay the agreed price, or pay on a timely basis, or be able to take title to the item(s).
6. Buyer Rules
Requirements to be a Buyer: In order to participate as a Buyer in an auction or sales event, you must represent, warrant and agree to:
- Pay for any bids or orders placed using your unique username and password;
- Have paid or settled any previous financial obligations owed to SpaceExcess or any prior Sellers to our satisfaction;
- Not manipulate the price of any item or interfere with other bidders or Buyers;
- Not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
- Comply with any listing-specific terms, conditions, or requirements;
- Conduct your own research regarding the veracity of the Seller and your ability to import any items;
- Screen the Seller to ensure it/he/she is not a Restricted Party or Specially Designated National;
- Determine the shipping method and costs by mutual agreement with the Seller; and
- Conduct your own due diligence of all items in Listings for which you bid.
Buyer Warranties: If you place a bid or order on the Site, you represent, warrant and agree that:
- You are asserting your intention and financial capability to purchase the items by bidding or ordering;
- You will not withdraw, amend, or modify your bid or order without our written approval;
- You will comply with all laws and regulations applicable to the purchase of the items and their subsequent shipping, use, resale, transfer, and export; and
- If representing a company or entity, you have the authority to bid and make purchases for that company or entity.
7. Online Auctions
Bidding Process: For Online Auctions on the Site, a Buyer that both meets the Listing requirements and enters the highest bid, will be deemed a "Winning Buyer”. If you are a Winning Buyer, then you are legally obligated to complete the transaction with the Seller unless the transaction is prohibited by this User Agreement or by law.
Each bidder is solely responsible for checking the Site or taking such other actions as are appropriate to learn of changes to a Listing, including changes to closing date or time. We will not be responsible for notifying any Buyer of a change in any Listing. The Buyer bears the sole risk of transmitting bids so that such bids are received prior to close of the Online Auction. We will not accept a bid that is received after an Online Auction has closed.
Posted closing times and displays of current time on our website are approximate. In addition, we reserve the right to close early or extend internet auctions at our discretion. Lots may be scheduled to close individually, in groups or entirely. Lot closing times will be advertised prior to the opening of the internet auction. At the scheduled closing time, the lots with active bidding may remain open for an additional time period until all bidding has ceased.
8. Sales Events
Fixed price sales managed by us are designated by having the option of “Buy Now”. In a private or direct sale, Buyers may become Winning Buyers by (a) agreeing to purchase the Listing at the stated purchase price and Listing terms (which price may be referred to as the “Buy Now” price or something similar), or (b) offering to purchase the Listing by making a binding offer for the Listing through the “Make Offer” option, which offer may be accepted and become binding on a Buyer.
9. Fees and Payments
SpaceExcess charges fees that vary depending on the type of item, as outlined on the SpaceExcess Fee Schedule. We may change the Fee Schedule or any temporary promotions with no advance notice.
Timing of Payment: If you are a Winning Buyer, you agree to make payment for the total amount of the transaction as specified in the Listing.
Currency: Unless specified for particular items, all transactions will be made in U.S. Dollars.
Forms of Payment: Unless otherwise specified in a Listing, the acceptable forms of payment include PayPal® or wire transfer. Certain Listings may specify additional restrictions or requirements.
Discounts & Promotions: We may offer alternative fee structures, rebates, discounts, coupons or incentives, at our sole discretion and for any reason, and we are under no obligation to offer such alternatives to all Users or to continue offering such alternatives to any User to whom we have made an offer in the past.
10. Intellectual Property Rights
Trademarks and Publicity: You have no rights to display or use SpaceExcess trade names, domain names, trademarks or service marks without our expressed written permission which we may withhold at our sole discretion. Any and all requests must be made in writing.
Promotional Materials: When you provide us with images, textual materials and other information concerning items (“Promotional Materials”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the Promotional Materials. Further, to the fullest extent permitted under applicable law, you waive your rights and promise not to assert such rights against SpaceExcess, its sub-licensees or assignees. You represent and warrant that none of the following infringe any intellectual property right of any third party: (1) your provision of Promotional Materials to us; (2) your posting of Promotional Materials using our Services; and (3) our use of such Promotional Materials in connection with our Services.
SpaceExcess Ownership of Intellectual Property Related to our Services and Site: You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SpaceExcess, you agree not to use, modify, sell, disclose, distribute or create derivative works based on our Services or Site, in whole or in part.
Data: You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, “Auction Data”). SpaceExcess owns all right, title and interest in and to all Auction Data. SpaceExcess grants no rights to you with respect to the Site or any of our proprietary databases, which SpaceExcess maintains as a proprietary trade secret. Notwithstanding the terms of this User Agreement, SpaceExcess may: (1) gather transaction data from customers, including you, in order to improve its marketplace and its services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on customer sales of items (including your sales and purchases), and may prepare summary or derivative information based thereon, for analytical and other business purposes, including, without limitation, incorporation into its proprietary databases; provided, however, in the case of either (1) or (2) that we will not identify you as the source of such information to any third party unless directed by a Court of competent jurisdiction.
Copyright & Intellectual Property Policy: SpaceExcess respects the intellectual property of others, and we expect our Users to do the same. If you believe that your copyrights or other intellectual property rights have been infringed by postings on the Site, please notify SpaceExcess. Upon the request of SpaceExcess, Sellers must provide valid proof of original purchase or a valid license from the trademark owner to sell branded items with a third party’s official brand name or logo. Absent valid proof of purchase or a valid license, Seller may be subject to a range of other actions, including limitations or termination of your rights on the Site. Further, SpaceExcess may cooperate with the trademark owner to pursue or participate in legal action.
11. Disclaimer of Warranties
Our Site and Services: We try to keep our Site and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Site. Bid or order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.
You agree that you are making use of our Site and Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Unless expressly stated in writing in a Listing, if you purchase items or place bids on or orders of items, then you agree to accept such items AS IS, WHERE IS, and WITH ALL FAULTS. UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, WE AND OUR SELLERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ITEMS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ITEMS ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST US AND THE SELLER FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS' FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, “SPECIFIED CLAIMS”). UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND (EXCEPT TO THE EXTENT A SELLER HAS PROVIDED AN EXPRESS WARRANTY IN THE LISTING) THE SELLER HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS. UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PHYSICALLY INSPECT.
12. Limitation on Liability
To the extent permitted by applicable law, SpaceExcess (including its owners, officers, directors, agents, and employees) is not liable, and you agree not to hold SpaceExcess responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Site and Services;
- Pricing, shipping or other guidance provided by SpaceExcess;
- Delays or disruptions in our Site and Services;
- Viruses or other malicious software obtained by accessing, or linking to, our Site and Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Site and Services;
- Damage to your hardware device or other computer systems or software from the use of any of our Site and Services;
- A suspension or other action taken with respect to your account or alleged breach of this User Agreement;
- The duration or manner in which your Listings appear in search results;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our Site and Services; or
- Your inability to import or export items, and fines, penalties or costs incurred related to import or export of items.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
13. Defense and Indemnity
You agree to fully indemnify and hold harmless SpaceExcess, its principals, partners, investors, directors, members, agents, employees, personnel, and consultants (together, "SpaceExcess Parties") from all claims whatsoever that may arise from your use of the Site or Services. You further agree to defend SpaceExcess Parties from all such claims, including reasonable attorney’s fees and defense costs, depositions, trials, awards, and expenses.
Product Liability: When acting as a Seller, you also agree to indemnify, hold harmless, and defend SpaceExcess Parties from any and all claims, including liability, property damage, contaminations, bodily injury, or death, that might arise from anyone’s use or misuse of the equipment, parts, materials, supplies, software, and other goods you have listed on the Site (together, “Products”), as well as any services you offer through the Site.
Export Compliance: You agree to indemnify, hold harmless, and defend SpaceExcess Parties from any damages, losses, penalties or fees of any kind, imposed as a result of your failure to comply with any applicable import, export, tax, or sanctions law or regulation, whether imposed by the US Government, or any government in any country relevant to the Seller, the Buyer, or the particular transaction.
No Limitation on Liability: In any and all claims against the indemnitees as identified above, the indemnification obligation shall not be limited in any way by the amount or types of damages, compensations, or benefits payable by or for the indemnitees.
14. Governing Law and Dispute Resolution
You agree that SpaceExcess’s activities shall be governed by the laws of the State of Florida, County of Hillsborough, and City of Tampa.
Any and all disputes with SpaceExcess arising in connection with the use of its Site or Services shall be resolved as follows:
- The parties shall first attempt to resolve the dispute by direct negotiations. Either party may, by giving written notice, refer the dispute to a meeting of appropriate higher management to be held within 20 days after the giving of notice.
- If the dispute is not resolved within 15 days after the meeting of higher management, either party may request and commence mediation, administered by the [American Arbitration Association] under its [Mediation Rules].
- If settlement is not reached within 30 days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the [American Arbitration Association] under its [Commercial Arbitration Rules]. The number of arbitrators shall be one. The place of arbitration shall be Tampa, Florida. Florida State law shall apply. Judgment on the award rendered by the arbitrator may be entered in the Court of Hillsborough County, Florida.
Any claim arising out of or related to this User Agreement must be commenced within 6 months after the dispute arose; otherwise, such claim is permanently barred.
California Residents Only: If you are a California resident, you may report, in accordance with Cal. Civ. Code §1789.3, any complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15. Disputes Among Users
SpaceExcess May Arbitrate Disputes Among Users: As a general rule, an accepted bid or order is final. SpaceExcess will not adjust winning bids or orders after an auction or sales event is closed unless it determines, at its sole discretion, that the integrity of an auction or sales event was materially impaired. Detailed procedures for submitting disputes and claims for each marketplace are on our Site, and all Users agree to submit themselves to these processes in the event of a dispute, and to abide by our decision as a consequence of these dispute processes.
While SpaceExcess may help facilitate the resolution of disputes between Buyers and Sellers using our Site, it has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of Users’ content or Listings; the ability of Sellers to sell items; the ability to import or export an item, the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item or payment for an item.
SpaceAccess.com Discretion: When a User issue arises, SpaceExcess has complete discretion to enforce and apply its User Agreement.
Release of SpaceExcess: If a User has a dispute with another User, then SpaceExcess and its respective officers, directors, employees and agents are released from any and all claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes ("Release"). In entering into this Release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this Release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this Release. If you are a California resident, this means you are agreeing to waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16. Disclaimer of Third Party Content
While SpaceExcess may provide links to third party sites and services on our Site, they are provided solely for informational purposes. You agree that SpaceExcess is not responsible or liable for:
- the availability or accuracy of such sites, services or resources;
- the content, advertising or products on or available from such sites or resources; and
- the privacy policies and data collection, use or retention practices of such sites.
The inclusion of any link on our Site does not imply that we endorse the linked site. Use such links solely at your own risk.
Severability: If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
Assignability: At SpaceExcess’s sole discretion, it may assign this User Agreement. You may not assign this User Agreement or your account without our prior written consent.
Waiver: SpaceExcess’s failure to exercise or enforce any right or provision of this User Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.
Amendments: We may amend this User Agreement (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except for Listings (which can be modified at any time), all amended terms will automatically be effective fourteen (14) calendar days after they are posted on the Site. You will not receive any other notice of a change in this User Agreement. You are encouraged to read the User Agreement before submitting any bids or otherwise transacting on this site. This User Agreement may not otherwise be amended except through mutual agreement by you and SpaceExcess.
Force Majeure: SpaceExcess or any of its affiliate companies, officers, Directors, agents, or representatives shall not be liable nor deemed to be in default for any failure to perform its obligations due to force majeure or any other cause beyond its reasonable control and which prevent SpaceExcess from performing its obligations, in total or in part , such as but not limited to: (i) acts of God or public enemy, act of civil or military authorities, any law, decision, regulation, directive or other act of any government, or the EASA/FAA authorities, or of any department, commission, board, bureau, agency, or court, war or civil war, armed hostilities, insurrection, riot, acts of nature, fire, flood, explosion, earthquakes, natural disaster, accident, total or constructive total loss, epidemic, quarantine restrictions, labor dispute in particular external strike, lockout or serious accidents (resulting in the cessation, slowdown or stoppage of deliveries), embargoes; (ii) delay or failure of Seller to deliver as agreed the relevant item, services or supplies, the required documentation or information; (iii) delay or failure on the part of the Seller’s third party supplier or vendor to procure materials, accessories, equipment, parts, tools and/or documentation, after due and timely diligence; (iv) campaign changes or manufacturers’ design failure; (v) unforeseen major defect on the item to which the performance of services are related and initially identified in the listing documentation.
Records: You are responsible to preserve and maintain records relating to any transactions on the Site necessary to comply with all applicable laws.
Third Party Rights: A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.
Service Provider: You acknowledge that we are entitled to subcontract any of our contractual obligations related to the provision of Services described herein to third parties selected by us.
Survival: The following Sections survive any termination of this User Agreement: Content, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity, Dispute Resolution, and Disputes Among Users.
Electronic Communications: When you use the Site or send emails to SpaceExcess, you are communicating with SpaceExcess electronically. You consent to receive communications from SpaceExcess electronically. SpaceExcess will communicate with you by email or posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that SpaceExcess provides electronically satisfies any legal requirement that such communications be in writing.
Electronic Signatures in Global and National Commerce Act: By clicking to accept this User Agreement, you are indicating your agreement to be bound to these terms, and that you meet the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), as amended. You may print this User Agreement, but it is subject to change by us, without notice.
18. List of Prohibited Items
SpaceExcess prohibits the following items from its marketplace:
- Embargoed Assets from prohibited people/entities and from countries currently listed by the U.S. Office of Foreign Assets Control;
- Pornography in any form of media;
- Items produced, manufactured or packaged by forced prison labor or child labor;
- Rocket and missile fuels (solid or liquid fuels);
- Ground vehicle, aircraft, and rocket/missile oils;
- Any nuclear materials or non-nuclear materials associated with nuclear electric power plants or the production of fissile or non-fissile nuclear radioisotopes, transuranic radioisotopes, cobalt, and beryllium;
- Explosive materials, explosive compounds, explosive detonators and fuses, and other components and devices associated with explosive devices;
- Military weapons, parts, and ammunition;
- Prohibited chemicals;
- Incendiary devices and components;
- Government documents that are not discontinued or outdated, government identifications, and government licenses, with the exception of those in the public domain;
- Illegal items, illegal services, stolen or recalled items, or items that endanger the national security of the United States.
NOTE: We may modify part, or all, of this list at any time.