Hold Harmless Acknowledgement
Effective Date: January 1, 2026
Applies to: All Users registering for and using ResinSurplus.com.
Last Updated: January 1, 2026
This Hold Harmless Acknowledgement (“Acknowledgement”) is a condition of using ResinSurplus.com. It is intended to be accepted electronically via a required checkbox during registration or account use.
1. Acknowledgement and Agreement
By checking the Hold Harmless box and/or using the Platform, you acknowledge and agree that ResinSurplus is a marketplace and communications channel and is not a party to Transactions between Buyers and Sellers.
You agree to hold harmless ResinSurplus from losses incurred after a sales Transaction takes place, including but not limited to disputes regarding quality, specification compliance, delivery performance, payment, chargebacks, recalls, regulatory actions, or downstream claims.
2. Release
To the maximum extent permitted by law, you release ResinSurplus from any and all claims, demands, causes of action, damages, liabilities, and expenses arising out of or relating to any Transaction, including claims based on negligence, except to the extent caused by ResinSurplus’s willful misconduct where such exclusion is not permitted by law.
3. Indemnification
You agree to defend, indemnify, and hold harmless ResinSurplus from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Listings; (b) your Transactions; (c) your breach of the Terms & Conditions or Marketplace Rules; or (d) your violation of law or third-party rights.
4. No Warranty; No Guarantee
You acknowledge that ResinSurplus does not inspect, test, certify, or guarantee materials. All qualification, testing, and acceptance decisions are the responsibility of the Buyer and Seller.
5. Severability
If any provision of this Acknowledgement is found unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.
6. Relationship to Other Documents
This Acknowledgement supplements (and does not replace) the limitation of liability, disclaimers, and indemnification provisions in the Terms & Conditions and the enforcement provisions in the Marketplace Rules. In the event of a conflict, the Terms & Conditions control unless ResinSurplus states otherwise in writing.
7. Electronic Acceptance
You agree that electronic acceptance (for example, by checkbox) constitutes your signature and that ResinSurplus may retain records of your acceptance.
