Terms of Use:

The terms and conditions below (“Terms of Use”) are provided to you as a service of E.C. Barton & Company, its subsidiaries, divisions and affiliates (collectively, the “Company", “we", “us", or “our”) and govern your use of this website, any related mobile and social media applications, and any other sites on which these Terms of Use may appear (collectively, “Sites”). By using any of the Sites, you hereby unconditionally agree to be bound by these Terms of Use and the Privacy Statement found here: (insert hyperlink). The Privacy Statement, and such other terms and conditions as may apply to content such as surveys, contests, sweepstakes and company branded credit cards, are incorporated herein by reference. These Terms of Use shall inure to the benefit of the Company.

 

Use of the Sites:

The Sites are owned by the Company. All right, title and interest in and to the materials found thereon, including text, graphics, logos, trademarks and trade names, icons, images, audio and video, are owned or licensed by the Company or third parties with whom the Company has contracted, are protected by United States and international copyright laws, and all intellectual property rights therein, whether owned by the Company or by third parties, are expressly reserved. The Company grants you permission to view and use the Sites and the materials thereon for your personal, non-commercial use. However, you may not copy, modify, distribute, transmit, transfer or sell any such materials without the express written consent of the Company, and such permission shall terminate automatically and without notice in the event of any breach of these Terms of Use. Furthermore, nothing contained herein should be construed so as to grant you, whether by implication, estoppel, or otherwise, any license or right to use any trademarks or trade names displayed on the Sites without the express written consent of the Company or third party owner thereof.

 

Mobile Terms of Service

Seconds & Surplus

Last updated: May 26, 2024

The Seconds & Surplus mobile message service (the "Service") is operated by E.C. Barton & Company d/b/a/ Seconds & Surplus (“E.C. Barton & Company“, Seconds & Surplus”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

By consenting to E.C. Barton & Company’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of E.C. Barton & Company through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with E.C. Barton & Company. Your participation in this program is completely voluntary.

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

You may opt-out of the Service at any time. Text the single keyword command STOP to +18556944174 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other E.C. Barton & Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

 

For Service support or assistance, text HELP to +18556944174 or email specials@secondsandsurplus.com.

 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

By opting into the Service or by otherwise providing your cell phone number to us, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. Failure to do so constitutes a material breach of these Mobile Terms.

 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

CONFIDENTIAL ARBITRATION, GOVERNING LAW, NON-JURY TRIAL: YOU HEREBY AGREE THAT YOU ARE WAIVING THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE MOBILE TERMS AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS, DISPUTES, AND/OR CONTROVERSIES BETWEEN YOU AND US ARISING OUT OF OR RELATING TO THE SERVICE AND/OR THESE MOBILE TERMS SHALL BE DECIDED BY BINDING AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN JONESBORO, CRAIGHEAD COUNTY, ARKANSAS. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND YOU AGREE NOT TO ACT AS A PURPORTED REPRESENTATIVE OF ANY CLASS, AS A PRIVATE ATTORNEY GENERAL, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT OR ANY ARBITRATION. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING EXCLUSIVE JURISDICTION HEREUNDER. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. If you wish to seek arbitration you must first send, via certified mail to E.C. Barton & Company, Attn.: Vice President of Marketing, 2929 Browns Lane, Jonesboro, Arkansas 72401, a Notice of Dispute stating the nature and basis of the claim(s) or dispute(s) and the specific relief sought. If we are unable to resolve said claim(s) and/or dispute(s) within thirty (30) days after receipt of the Notice of Dispute, either party may commence arbitration. Unless you and we agree otherwise, the arbitrators may not consolidate your claim with any other claim, and may not otherwise preside over any forum of a representative, private attorney general or class proceeding.  These Mobile Terms shall be governed by the laws of the State of Arkansas without giving effect to any choice of law rules or principles. You hereby consent, agree, and submit to the exclusive jurisdiction and venue of any tribunal, arbitrator, and federal or state court located in Jonesboro, Craighead County, Arkansas in connection with any arbitration, actions, or proceedings arising out of or in relation to these Mobile Terms and/or the Service. In any arbitration, lawsuit, or other proceeding brought to enforce any rights arising out of or relating to these Mobile Terms and/or the Service, the prevailing party shall be entitled to recover all reasonable costs and expenses, including but not limited to attorney fees, paralegal fees, filing fees and court costs, incurred by the prevailing party in connection with the arbitration, lawsuit, or proceeding. The parties hereby mutually waive all rights to request a jury trial in any action, proceeding, or counterclaim arising out of these Mobile Terms. A printed version of these Mobile Terms shall be admissible in any and all arbitration, judicial, or administrative proceedings based upon or relating to these Mobile Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We have endeavored to comply with all legal requirements known to us in creating and maintaining the Service, but we make no representation that the Service is appropriate or available for use in any particular jurisdiction. Use of the Service is unauthorized in any jurisdiction where all or any portion of the Service may violate any legal requirements and you agree not to access the Service in any such jurisdiction.

SMS opt-in Disclaimer: By submitting this form and signing up for texts, you consent to receive marketing text messages (e.g. promos, cart reminders) from Seconds & Surplus at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). Privacy Policy & Terms.

 

Products and Accuracy of Information:

The Company reserves the right to alter, update, or otherwise change information, including but not limited to, descriptions, pricing, and specifications of the products and services described and/or depicted on the Sites without notice to you. The Company makes reasonable efforts to accurately display the products and services. However, the Company does not guarantee that information will be accurately displayed, complete, or current. Information relating to products found on the Sites may differ from information available at Company store locations.

 

Digital Millennium Copyright Act (“DMCA”):

The Company attempts to respect intellectual property rights. If you believe any materials on the Sites infringes your copyright(s), you may contact us to request the removal of such material. To make a request, please send written notice to the Company’s Copyright Agent at the address provided. Your notice must include: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is being infringed; (b) a description of the copyrighted work that you claim is being infringed, along with the URL or other specific location on the Sites where such work is located; (c) a statement by you that you have a good faith belief that the use of the copyrighted work that you claim is being infringed is not authorized by the copyright owner, its agent, or the law; (d) a statement by you, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the copyrighted work or are authorized to act on the copy right owner’s behalf; and (e) your contact information, including address, telephone number and email address.

 

Uploaded Content:

Any content or materials you submit to the Company, via the Sites or by other means, shall be considered non-confidential and non-proprietary. You hereby agree to grant to the Company an unlimited, free and perpetual license in such content and materials and the Company may use such content or materials for any purpose whatsoever. You, and not the Company, shall be responsible for the content and/or materials you submit. The Company shall have no liability for or related to such content or materials whatever. Notwithstanding the foregoing, any personally identifying information shall be governed by the Privacy Statement.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

THE SITES AND MATERIAL PROVIDED THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND/OR REPRESENTATIVES WARRANT THAT YOUR USE OF THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; BE UNINTERRUPTED, ACCURATE, OR SECURE; FREE FROM VIRUSES, BUGS, OR OTHER ITEMS OF A HARMFUL NATURE OR THAT THE SAME WILL BE CORRECTED. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU.

 

YOUR USE OF THE SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND/OR REPRESENTATIVES BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUR OF OR IN ANY WAY CONNECTED TO OR WITH THE USE OR THE INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED THEREON, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHER, THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE INCURRED OR SUSTAINED BY YOUR COMPUTER, HARDWARE, DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE USE OF THE SITES AND YOU HEREBY ASSUME ANY COSTS ASSOCIATED WITH THE SERVICE, REPAIR AND/OR REPLACEMENT THEREOF. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU.

 

Indemnification:

You agree to defend, indemnify and hold harmless the Company, its subsidiaries, divisions, affiliates, officers, directors, employees, attorneys, agents, and/or representatives from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Sites.

 

Confidential Arbitration:

You hereby agree that you and the Company are each waiving the right to go to court to assert or defend your rights under these Terms of Use and the ability to participate in a class action. ALL CLAIMS, DISPUTES, AND/OR CONTROVERSIES BETWEEN YOU AND THE COMPANY ARISING OUT OF OR RELATING TO THE SITES AND/OR THESE TERMS OF USE SHALL BE DECIDED BY BINDING AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN JONESBORO, CRAIGHEAD COUNTY, ARKANSAS. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND YOU WILL NOT AGREE TO ACT AS A PURPORTED REPRESENTATIVE OF ANY CLASS, AS A PRIVATE ATTORNEY GENERAL, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST THE COMPANY IN ANY COURT OR ANY ARBITRATION. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING EXCLUSIVE JURISDICTION HEREUNDER. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. If you wish to seek arbitration you must first send to the Company, via certified mail to the contact address below, a Notice of Dispute stating the nature and basis of the claim(s) or dispute(s) and the specific relief sought. If we are unable to resolve said claim(s) and/or dispute(s) within thirty (30) days after receipt of the Notice of Dispute, either party may commence arbitration. Unless you and the Company agree otherwise, the arbitrators may not consolidate your claim with any other claim, and may not otherwise preside over any form of a representative, private attorney general or class proceeding. The terms of this section shall survive the termination of the relationship between you and the Company.

 

Governing Law and Venue:

By using the Sites, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Arkansas, without giving effect to any choice of law rules or principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals and arbitrators located in Jonesboro, Craighead County, Arkansas. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The Company has endeavored to comply with all legal requirements known to it in creating and maintaining the Sites, but makes no representation materials on the Sites are appropriate or available for use in any particular jurisdiction. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

 

General Information:

Children under the age of 13 you are not permitted to use the Sites. If a parent or legal guardian of a child under the age of 13 learns that a child has provided us with personal information, please contact us so that the information can be deleted. If you are a parent or legal guardian of a child between the ages of 13 and 18 and have allowed such child to use the Sites, you hereby agree to be bound by these Terms of Use on behalf of such child and further agree to be fully responsible for such child’s use of the Sites.

 

The Sites may contain links to third party websites. By clicking these links, you will be taken to websites that are not under our control. These links are provided for your reference only and the inclusion of such links does not imply an endorsement, sponsorship, or association with the third party owner or operator of the websites or the material contained thereon.

 

The posting or transmission of any profane, obscene, unlawful, or otherwise inappropriate material is prohibited. If the Company determines that you have violated or are reasonably likely to violate such prohibition then the Company may, in addition to all other remedies available to it at law or in equity, take such measures as the Company, in its sole discretion, deems necessary or appropriate to remove the offending materials or otherwise cure the violation. Where permitted or required by law, the Company will provide information regarding such posts, including the identities of parties posting such materials, to comply with court order(s), or other legal or regulatory requirement(s). 

 

You hereby agree that the Company may at any time and without notice change the Terms of Use. You should regularly check the Terms of Use for updates as the same apply to your use of the Sites.

The Company may make jobs available through the Sites. The Company is an equal opportunity employer and provides equal employment opportunities to qualified applicants without regard to race, color, religion, sex, national origin, age, veteran status or disability.

 

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company, either as a result of these Terms of Use or your use of the Sites.

You or the Company may suspend or terminate your use of the Sites at any time, and for any or no reason.

 

Additional Questions?

If you have additional questions, you may contact us via the “Contact Us” portals located on the Company’s websites, or, you can reach us by using the following contact information:

E.C. Barton & Co., P.O. Box 16360, Jonesboro, AR 72403-6705

Phone: 870-932-6673

 

For copyright infringement claims:

E.C. Barton & Co., Attn: Copyright Agent, P.O. Box 16360, Jonesboro, AR 72403-6705

Copyright © 2018 E.C. Barton & Company. All Rights Reserved.