Terms and Conditions of Use
Effective Date: January 1, 2026
Applies to: ResinSurplus.com website and related services (the “Platform”).
Last Updated: January 1, 2026
IMPORTANT: By creating an account, accessing, browsing, registering, listing materials, requesting quotes, purchasing, or otherwise using the Platform, you agree to these Terms & Conditions (“Terms”). If you do not agree, do not use the Platform.
1. Definitions
“ResinSurplus,” “we,” “us,” or “our” means ResinSurplus.com and its owners, officers, directors, employees, contractors, and agents.
- “User,” “you,” or “your” means any person or entity accessing or using the Platform.
- “Buyer” means a User seeking to purchase resin, additives, colorants, or related materials.
- “Seller” means a User offering resin, additives, colorants, or related materials for sale.
- “Listing” means any posting of materials, specifications, pricing, availability, or related details on the Platform.
- “Transaction” means any sale, purchase, agreement, or exchange between Users, whether initiated on the Platform or through communications that originated on the Platform.
2. Platform Role and Scope
ResinSurplus provides a business-to-business marketplace and communications channel to connect Buyers and Sellers. ResinSurplus is not a broker, distributor, agent, carrier, escrow provider, payment processor, or insurer unless explicitly stated in a written agreement.
ResinSurplus does not manufacture, own, store, inspect, ship, deliver, guarantee, or take title to any materials listed on the Platform. All Transactions are strictly between the Buyer and Seller.
3. Eligibility and Account Registration
You represent that you are at least 18 years old and have authority to bind the entity you represent. You agree to provide accurate, current, and complete registration information and to keep it updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
4. Required Acknowledgements (Registration Checkboxes)
As a condition of registration, you must affirmatively acknowledge:
- These Terms & Conditions
- The Marketplace Rules
- The Hold Harmless / Limitation of Liability acknowledgement
ResinSurplus may record and retain proof of acknowledgement (for example, timestamp, IP address, and user agent) for compliance and audit purposes.
5. User Responsibilities
Users must comply with all applicable laws, regulations, and industry requirements, including (as applicable) environmental, safety, export, hazardous materials, and product stewardship obligations.
Buyers and Sellers are solely responsible for: (i) confirming material specifications and suitability; (ii) negotiating final price and terms; (iii) payment terms and collections; (iv) shipping, packaging, labeling, and documentation; (v) taxes, duties, and compliance; and (vi) any required certificates, testing, or quality documentation (e.g., COA).
6. Listings, Content, and Prohibited Conduct
Sellers must ensure Listings are accurate and not misleading, including material description, polymer type, grade, condition (prime, off-grade, regrind, etc.), packaging, lot size, location, availability, and any restrictions.
You agree not to: (a) post unlawful, deceptive, or infringing content; (b) misrepresent identity, authority, material condition, or certifications; (c) attempt to circumvent Platform fees where applicable; (d) interfere with Platform security or operation; or (e) use the Platform to transmit malware, spam, or unsolicited communications.
7. Confidential Correspondence and Data
Communications exchanged through the Platform may contain confidential business information. You agree to use such information solely to evaluate or perform a Transaction and not to disclose it to third parties except as required for the Transaction (e.g., logistics providers) or as required by law.
Data sharing features may evolve over time. Unless and until expressly enabled and described in writing by ResinSurplus, Users should assume that shared data is limited to what they explicitly provide and what is necessary for Platform operation.
8. Security and Acceptable Use
You must not attempt to probe, scan, or test the vulnerability of the Platform or breach any security or authentication measures. ResinSurplus may suspend or terminate accounts to protect Users, the Platform, or ResinSurplus.
9. Fees and Commercial Terms
Browsing Listings may be free. Transaction fees, subscription fees, and/or negotiated commercial arrangements (including for producers and distributors) may apply as described on the Platform or in separate written agreements.
Unless otherwise stated in writing, all fees are non-refundable once earned, except as required by applicable law.
10. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” RESINSURPLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
RESINSURPLUS DOES NOT WARRANT THAT LISTINGS ARE ACCURATE, THAT MATERIALS WILL MEET ANY SPECIFICATION, OR THAT A BUYER OR SELLER WILL COMPLETE ANY TRANSACTION.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESINSURPLUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY TRANSACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESINSURPLUS’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE FEES PAID TO RESINSURPLUS BY THE USER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER.
12. Indemnification / Hold Harmless
You agree to defend, indemnify, and hold harmless ResinSurplus from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Platform; (b) your Listings; (c) your Transactions; (d) your breach of these Terms; or (e) your violation of any law or third-party right.
This indemnification is in addition to any separate Hold Harmless acknowledgement you may be required to accept during registration.
13. Zero Tolerance and Enforcement
ResinSurplus maintains a zero tolerance policy for fraud, misrepresentation, harassment, illegal activity, or any material breach of these Terms or the Marketplace Rules. ResinSurplus may, at its sole discretion, suspend or terminate accounts, remove Listings, and restrict access without prior notice.
14. Suspension and Termination
ResinSurplus may suspend or terminate your account and access to the Platform at any time for any reason, including suspected violations, security concerns, or business necessity. Upon termination, provisions that by their nature should survive will survive (including disclaimers, limitation of liability, indemnification, and dispute provisions).
15. Disputes Between Users
Disputes regarding materials, quality, payment, delivery, chargebacks, or other Transaction terms are solely between Buyer and Seller. ResinSurplus may, but is not obligated to, assist with communications or provide Platform records.
16. Governing Law; Venue
These Terms are governed by the laws of the State in which ResinSurplus is organized, without regard to conflict of law principles. Any legal action arising out of these Terms shall be brought in a court of competent jurisdiction in that State, unless ResinSurplus specifies an alternative forum in writing.
17. Changes to Terms
ResinSurplus may update these Terms from time to time. Updated Terms will be posted on the Platform with a revised effective date. Continued use of the Platform after the effective date constitutes acceptance.
18. Contact
Questions about these Terms should be directed to ResinSurplus via the contact methods listed on the Platform.
