Terms of Service

You must be at least 18 years old and a resident of the United States to create an account and use the Platform. By using SurplusNest you represent and warrant that you meet these requirements. Accounts created for minors, or accounts used to facilitate transactions with minors for restricted goods, will be terminated immediately.

To access most features you must register for an account. You agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your password. You are solely responsible for all activity under your account.
• Notify us immediately at legal@surplusnest.com if you suspect unauthorized access.
• Not create more than one account or create an account on behalf of someone else without authorization.

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe, in our sole discretion, pose a risk to the Platform or other users.

SurplusNest is a venue, not a party to transactions. We connect buyers and sellers but do not buy, sell, or take title to any items listed on the Platform. All transactions are directly between users. SurplusNest is not responsible for the quality, safety, legality, or availability of any listed item, or the ability of any seller to complete a sale or any buyer to complete a purchase.

We encourage all users to meet in safe, public locations and to use good judgment when transacting with strangers.

4.1 Your Content

You retain ownership of content you post ("User Content"). By posting, you grant SurplusNest a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, display, and adapt your User Content solely to operate and promote the Platform.

4.2 Listing Standards & Right to Sell

You represent and warrant that: (a) you lawfully own or have the right to resell every item you list; (b) each listing is accurate, complete, and not misleading; (c) your listing and the underlying transaction comply with all applicable federal, state, and local laws, including consumer protection statutes, the FTC Act, and any applicable state unfair trade practices laws.

Resale of legitimately purchased goods. Under the First Sale Doctrine you may generally resell items you lawfully purchased. However, you are solely responsible for ensuring your resale does not violate any separate contractual restriction (e.g., membership agreements or commercial-use limitations) imposed by the original retailer or manufacturer. SurplusNest takes no position on the enforceability of such third-party restrictions and is not liable for any claim arising from them.

4.3 Food, Beverage & Consumable Items

Sellers listing food, beverages, dietary supplements, or other consumable items must:

• Only list items that have not expired and are within any "best by" or "use by" date at the time of the transaction.
• Disclose the expiration or best-by date in the listing description.
• Ensure all items remain in their original, sealed, and tamper-evident packaging. Opened or repackaged consumables are prohibited.
• Disclose any known allergens or ingredients relevant to buyer safety.
• Comply with all applicable federal (FDA, USDA) and state food-safety regulations. Home-produced foods may require a cottage-food permit; you are solely responsible for obtaining any required permits.

SurplusNest makes no representations about the safety, freshness, allergen content, or regulatory compliance of any food item listed on the Platform. Buyers purchase consumables entirely at their own risk.

4.4 Product Recalls

You may not list any item that is subject to a mandatory recall, safety notice, or stop-sale order issued by any governmental authority (including CPSC, NHTSA, FDA, or USDA) at the time of listing. If a product you have listed is subject to a recall after you post it, you must immediately remove the listing and notify any buyer who has already agreed to purchase it. Failure to comply may result in immediate account termination and referral to the relevant regulatory authority.

4.5 Prohibited Items

The following items are strictly prohibited on SurplusNest:

• Weapons, firearms, ammunition, or explosive devices
• Controlled substances, prescription drugs, or drug paraphernalia
• Stolen goods or counterfeit products
• Hazardous materials, chemicals, or recalled products
• Adult or sexually explicit content
• Live animals
• Alcohol or tobacco products
• Raw milk or other products prohibited from direct consumer sale under state law
• Any item whose sale is prohibited by federal, state, or local law

We reserve the right to remove any listing, at any time, for any reason, without notice.

You agree not to:

• Harass, threaten, intimidate, or harm other users
• Post false, misleading, or fraudulent content
• Manipulate prices, reviews, or ratings
• Collect personal information about other users without their consent
• Use automated tools (bots, scrapers) to access the Platform without our written permission
• Circumvent any security or access-control measure
• Use the Platform for any illegal purpose or in violation of any applicable law
• Impersonate any person or entity
• Spam other users via the messaging system

Violations may result in immediate account termination and, where appropriate, referral to law enforcement.

Seller tax obligations. You are solely responsible for determining and fulfilling any tax obligations arising from your sales, including federal and state income tax, sales tax, use tax, and any other applicable taxes. SurplusNest does not collect or remit sales tax on your behalf unless required by applicable law (e.g., marketplace facilitator statutes). If a state's marketplace facilitator law requires SurplusNest to collect and remit sales tax for your transactions, we will do so and you authorize us to collect and remit such tax.

Commercial sellers. If you sell goods regularly or in volume consistent with a commercial operation, you may be required by federal, state, or local law to register as a business, obtain a seller's permit or sales tax license, and comply with additional consumer protection regulations. You are solely responsible for determining your classification and complying with all applicable requirements. SurplusNest does not verify whether sellers have obtained required licenses or permits.

Platform reporting. We may be required by law (including IRS Form 1099-K reporting rules) to report your transaction data to tax authorities if your sales exceed applicable thresholds. By using the Platform you consent to such reporting and agree to provide accurate information necessary for compliance.

SurplusNest strongly encourages users to meet in safe, well-lit, public locations (such as police station exchange zones, coffee shops, or shopping center common areas) and to bring a companion when meeting strangers. We are not responsible for any injury, property damage, theft, or other harm arising from in-person transactions arranged through the Platform. You assume all risk associated with in-person meetings, including but not limited to personal injury and property loss. SurplusNest is not liable for any incident that occurs before, during, or after an in-person transaction, even if the meeting was arranged through the Platform.

SurplusNest offers free and paid subscription tiers. By subscribing to a paid plan you authorize us to charge the payment method on file on a recurring basis. All fees are in U.S. dollars.

• Free tier: 3 listings per month, limited features.
• Nest Basic ($1.99/mo), Nest Pro ($4.99/mo), Nest Business ($14.99/mo): as described on our pricing page.
• Listing Boosts ($0.99–$2.99): one-time, non-refundable payments.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; no partial refunds are provided. We reserve the right to change pricing with 30 days' notice.

Reviews must be honest, based on genuine first-hand experience, and not violate our community guidelines. We prohibit review manipulation, fake reviews, and retaliatory reviews. We reserve the right to remove any review that we believe violates these standards.

11.1 SurplusNest IP

The SurplusNest name, logo, trade dress, and all Platform content created by us are protected by copyright, trademark, and other laws. You may not use our brand assets without prior written permission. The Platform is provided for personal, non-commercial use only.

11.2 DMCA Copyright Takedown Policy

SurplusNest respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Platform infringes your copyright, send a written notice to our Designated Agent at legal@surplusnest.com with subject line "DMCA Takedown" that includes: (a) your electronic or physical signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material to be removed and its URL; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on their behalf. We will process valid notices promptly and may terminate accounts of repeat infringers.

If you believe content was removed in error, you may submit a written counter-notification to the same address with the information required under 17 U.S.C. § 512(g).

The Platform may contain links to or integrations with third-party services (maps, payment processors, etc.). We are not responsible for the content or practices of those services. Your use of third-party services is governed by their respective terms.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT VERIFY THE IDENTITY OF USERS, THE ACCURACY OF LISTINGS, THE SAFETY OF PRODUCTS (INCLUDING FOOD ITEMS), OR THE LEGAL AUTHORITY OF SELLERS TO RESELL ITEMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SURPLUSNEST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION, DAMAGES ARISING FROM IN-PERSON TRANSACTIONS, RECALLED OR UNSAFE PRODUCTS, FOOD-SAFETY INCIDENTS, TAX LIABILITIES, OR THIRD-PARTY CLAIMS RELATED TO YOUR LISTINGS. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

You agree to indemnify, defend, and hold harmless SurplusNest and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property rights; (e) any claim that an item you listed was defective, unsafe, recalled, counterfeit, or subject to third-party restrictions; (f) any food-safety claim relating to a consumable you sold; or (g) your failure to collect or remit applicable taxes.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Most disputes can be resolved by contacting us at legal@surplusnest.com. For disputes that cannot be resolved informally, you and SurplusNest agree to resolve them through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

This arbitration clause does not apply to: (a) small claims court actions; (b) injunctive relief for intellectual property infringement; or (c) claims arising from bodily injury.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any legal action not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

We may update these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 14 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

You may close your account at any time via Settings. We may suspend or terminate your access immediately, without notice or liability, for any violation of these Terms, any conduct we deem harmful to the Platform or other users, or for any other reason at our sole discretion. Upon termination, all licenses granted to you will immediately cease.

Questions about these Terms? Contact us at: