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Terms & Conditions

Welcome to MiningSurplus.com, MiningSurplus.com is a website that is owned or controlled by Teck Resources Limited on its own behalf, and on behalf of Teck Resources affiliates and related companies ("Teck Resources"). MiningSurplus.com is a venue that features new and used mining and processing equipment, components and peripherals (together, "Equipment") that mining operators and third parties wish to sell (the "Service").

The following describes the terms and conditions, including the Privacy Policy, applicable to your use of our Service (the "Terms of Use") available under the domain and sub-domains of www.MiningSurplus.com (the "Site"). If you do not agree to be bound by the Terms of Use, do not use the Site or access our Service.

1. Acceptance of Terms

By using the Service in any way, you are agreeing to comply with the Terms of Use. In addition, when using particular services, whether in connection with the purchase or sale of a particular Equipment, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site and/or the Service in any way, your only recourse is to immediately discontinue use of the Site.

2. Modifications to this Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use at any time. The modifications shall become effective immediately upon the posting thereof. You must review the Terms of Use on a regular basis to keep yourself apprised of any changes.

3. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available through the Service. You understand that, except for Equipment of Teck Resources that Teck Resources itself posts for sale, Teck Resources does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is false, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Service may contain links to other websites which are completely independent of Teck Resources. Teck Resources makes no representation or warranty as to the accuracy, completeness, timeliness, reliability, validity, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Teck Resources be liable in any way for any Content or for any loss or damage of any kind directly or indirectly incurred or sustained by you as a result of the use of any Content posted, emailed or otherwise made available through the Service. You acknowledge that Teck Resources does not pre-screen or approve the Content, but that Teck Resources shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available through the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

Teck Resources shall have the right and sole discretion to make any modification to the design, format, content and operation of the Site and Service at any time, including but not limited to, the addition, removal and modification of any module, feature and function.

4. Third Party Content, Sites, and Services

The Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Teck Resources, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of Equipment and other goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation and inspection you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Teck Resources shall not be responsible or liable for any loss or damage of any sort that you incurred or sustained as the result of any such dealings. If there is a dispute between users on the Site, or between users and any third party, you understand and agree that Teck Resources is under no obligation to become involved.

5. Privacy and Information Disclosure

Teck Resources has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.miningsurplus.com/privacy

Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Teck Resources may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third parties; respond to claims that contact information (e.g. phone number, street address, etc.) of a third party has been posted or transmitted without consent or as a form of harassment; protect the rights, property, or personal safety of Teck Resources and/or any of its affiliates, subsidiaries, users or the general public.

6. Conduct

You agree not to post, email, or otherwise make available Content:

  1. (a) that is unlawful, inaccurate, false, deceptive, harmful, misleading, deceitful, harassing, or invasive of another's privacy;
  2. (b) that impersonates any person or entity, including, but not limited to, a Teck Resources employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  3. (c) that includes personal or identifying information about another person without that person's explicit consent;
  4. (d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. (e) that constitutes or contains any form of advertising or solicitation if:
    • posted in areas of the Site which are not designated for such purposes, or
    • sent to users who have not authorized such contact in writing about other services, products or commercial interests;
  6. (f) that includes links to commercial services or web sites, except in furtherance of the Service and in compliance with the Terms of Use;
  7. (g) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  8. (h) that contains any device or computer code, files or programs that may damage, harm, interrupt, lock, disable, modify, delete, destroy or limit the functionality of any data, computer software, firmware or hardware, or any peripheral or telecommunications equipment;
  9. (i) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  10. (j) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Also, you agree not to:

7. Posting Agents

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Teck Resources's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Teck Resources. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express prior written permission or license from Teck Resources.

8. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Teck Resource's or another user's email addresses or through Teck Resource's or its supplier's computer systems, is prohibited. Also, any unauthorized use of Teck Resource's or its supplier's computer systems is a violation of the Terms of Use and certain federal, provincial and local laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

You agree to receive MiningSurplus.com’s newsletter, on behalf of Teck Resources (including its affiliates and related companies), containing news, updates, and information on the mining and other equipment and materials available for sale and purchase through MiningSurplus.com.

You can withdraw your consent at any time by clicking the word "UNSUBSCRIBE" located at the bottom of each newsletter or by unchecking the newsletter box located on your dashboard under Manage Notifications when logged in to your account.

You can also withdraw your consent at any time by emailing info@miningsurplus.com with the word "UNSUBSCRIBE" in the subject line or body of your email.

9. Postings Fee

You may only post Content on our Site after you have subscribed with us and pay the applicable access fees. To subscribe with us, please contact us at the information shown below or submit your subscription application online at the area designated on our Site for online subscription purposes.

Teck Resources Limited - MiningSurplus.com
Suite 3300, Bentall 5
550 Burrard Street
Vancouver , BC Canada
V6C 0B3
info@miningsurplus.com

We charge an access fee for the posting of Content through the Service. The amount of the fee will depend on, among other things, the duration of the access you desire. Upon our approval of your subscription application and receipt of the applicable access fee, we will issue to you a password or other security code to enable you to commence posting Content to the Service. You are solely responsible and liable for the use (whether direct or indirect, or whether authorized by you or not) of the password or security code that we issued to you. Any person who posts Content to the Service is responsible for such Content and compliance with the Terms of Use. All fees paid will be non-refundable, even if the Content is removed from the Service for violating the Terms of Use or if no Content was subsequently posted by you.

10. Limitations on Service

You acknowledge that Teck Resources does not give any representations, warranties or guarantee that any of your postings will result in a purchase or sale of your Equipment.

You agree that Teck Resources has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. For users who are seeking to purchase Equipment, you acknowledge that Teck Resources reserves the right at any time to modify or discontinue the Service (or any part thereof) without notice, and that Teck Resources shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Access to the Service

Subject to the terms and conditions of the subscription agreement governing your posting of Content to the Service, Teck Resources grants you a limited, revocable, non-transferable, non-exclusive license to access the Service. This license does not include:

Unless otherwise instructed by Teck Resources, Teck Resources permits you to create a hyperlink to the Site so long as the link does not portray Teck Resources or any of its affiliates, subsidiaries or their respective directors, officers, employees, agents, service providers or suppliers in a false, misleading, derogatory, or otherwise offensive manner or that any of them promotes or endorses yours or any third party causes, ideas, web sites, products or services.

Use of the Service beyond the scope of authorized access granted to you by Teck Resources immediately terminates the permission and license.

12. Termination of Service

You agree that Teck Resources, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, if Teck Resources believes that you have acted inconsistently with the letter or spirit of the Terms of Use or the subscription agreement. Further, you agree that Teck Resources shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after the termination.

Sections 3, 4, 5, 10, 11, and 13 to 17 inclusive shall survive termination of the Terms of Use.

13. Proprietary Rights

The Service is protected to the maximum extent permitted by copyright and other intellectual property and proprietary rights laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or Service or the collective work, and/or copying or reproducing the Site or Service or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Teck Resources. You further agree not to reproduce, duplicate or copy third-party Content from the Service without the express written consent of Teck Resources and such third party, and agree to abide by any and all copyright notices displayed on the Site and/or Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although Teck Resources does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Teck Resources an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, transferable, worldwide license to use, copy, load, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing in connection with its delivery of the Service. Furthermore, by posting Content to any public area of the Service, you automatically grant Teck Resources a right (but not an obligation) to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation by a third party of the Content on the Service.

14. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TECK RESOURCES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TECK RESOURCES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TECK RESOURCES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

15. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL TECK RESOURCES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES (EVEN IF TECK RESOURCES HAS BEEN ADVISED OF SUCH POSSIBILITY) ARISING FROM OR RELATING TO ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, WHETHER THE DAMAGES OR LOSSES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES AND/OR LOSSES INCURRED OR SUSTAINED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

16. Indemnity

You agree to defend, indemnify and hold harmless each of Teck Resources and its subsidiaries and affiliates and their respective directors, officers, employees, agents, service providers, suppliers, successors, and assigns from any and all demands, claims, actions, proceedings, judgments, damages, losses and any other liabilities (actual and consequential, direct and indirect) of every kind or nature (including attorney fees and disbursements on a full indemnity basis and court costs), known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Content you submit, post or make available through the Service, your use of the Site or Service, your disputes with other users or third parties, your violation of the Terms of Use, your breach of any of the representations and warranties herein, and/or your violation of any rights of another.

17. General Information

The Terms of Use (and if applicable, the subscription agreement) constitute the entire agreement between you and Teck Resources and govern your use of the Service, superseding any prior discussions, negotiations and agreements that might have occurred between you and Teck Resources. The Terms of Use (and if applicable, the subscription agreement) and the relationship between you and Teck Resources shall be governed by the laws of the Province of British Columbia and the federal laws of Canada therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other law. You and Teck Resources hereby expressly disclaim the application of the Vienna Convention on the International Sale of Goods and the International Sale of Goods Act (British Columbia) for all purposes. You and Teck Resources agree to submit to the personal and exclusive jurisdiction of the courts of British Columbia, Canada sitting in the City of Vancouver. The failure of Teck Resources to exercise or enforce any right or provision of the Terms of Use (and if applicable, the subscription agreement) shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Terms of Use must be filed within one (1) year after the cause of action arose or be forever barred.

18. Violation of Terms

Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by emailing to: info@miningsurplus.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to such breach or subsequent or similar breaches. Notwithstanding any other provision of the Terms of Use (and if applicable, the subscription agreement), Teck Resources retains the right to seek the remedy of specific performance of any provision contained in the Terms of Use (and if applicable, the subscription agreement), or a preliminary or permanent injunction against the breach of any such provision or in aid of the exercise of any power granted in the Terms of Use (and if applicable, the subscription agreement) or any combination thereof.

Also see our Privacy Statement.