Terms and Conditions of Use
Effective October 1, 2017
Acceptance of Terms and Conditions of Use
You agree to comply with and be bound by all of the above when accessing or using this Site and the manner in which the Site operates. If you access or use in any way any service from Scrapo, you agree to and are bound by these Terms and Conditions of Use. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
Eligibility, Age, and Ability to Bind
The Services are available only to persons that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not intended for, and may not be used by, people under the age of eighteen (18). By using our Services, you represent that you are over the age of 18.
Enforcement of Policies; Moderation
You may not participate in collusion with other users or engage in conduct that, in our sole discretion, we determine to be inappropriate or examples of misconduct. Without limiting any other remedies, we reserve the right, in our sole discretion, at any time: (1) to monitor or stop monitoring the Services, including any user’s user content and/or use of the service; (2) to temporarily or permanently deny any user, including you, from accessing all of or any part of the service; (3) to suspend, terminate, modify, or delete any account; (4) to stop providing the service in whole or in part, at any time. We shall have no duty to notify you of any monitoring, moderation, denial, exclusion, availability, or unavailability of the Services, or of any suspension termination, modification, or deletion of any account, and we are under no duty to compensate you for any loss associated therewith.
We reserve the right, but have no obligation, to become involved in any way with interactions among users, including, without limitation, to investigate any suspected unlawful, fraudulent or improper activity. You agree to fully cooperate with us to investigate any suspected fraudulent, unlawful, or improper activity.
You are also notified that we may consider the user’s performance history and the specific circumstances in applying our policies.
We may collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in chats, leave a feedback or when you otherwise correspond with us regarding our Services.
We may use the personal information we collect to provide and improve our Services, to provide you with a personalized experience on our site, to contact you about your account and our Services, to provide you customer service, to provide you with personalized advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
We may disclose your personal information to other members of the Scrapo, Inc. corporate family, business affiliates, subsidiaries, or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our Terms and Conditions of Use, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Financial transactions are not processed through the Site and we do not collect payment directly from users for each transaction. We may change our fee structure from time to time, and all changes will be posted on the Site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
We reserve the right, but not the obligation, to monitor listings and remove such listings and content that violate our Policies. Our Policies are often based on country and state laws, although in some cases, we may also base our Policies on input from our users and our own discretion, especially for dangerous or sensitive items.
You further agree to the following rules: (1) you are responsible for the accuracy and content of the listing and item and/or service offered; (2) content that violates any of our policies may be deleted at our discretion; and (3) metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results;
If you see a listing that violates one of our Policies, report it immediately. If we determine that a listing has violated a policy, we will remove the listing from our Site.
When selling or buying internationally, we encourage users to learn about the laws in their own country as well as the countries where they plan to do business. Although certain items may be legal to sell or purchase in your country, they might be illegal elsewhere. It is important that all listings and transactions comply with applicable laws.
When purchasing an item or service, you agree to the following: You cannot use Scrapo if your account contains false contact information.
You should only use our Site and Services if you really intend to purchase the item or service, even if you are making a non-binding offer.
You are not permitted to make offers on your own item or service, and you are not permitted to make an offer on the item or service offered by someone you know with the intent to increase its desirability or increase seller’s ratings artificially.
It is your responsibility to read and fully understand the listing description before making an offer for a listed item or service.
Our Policies do not cover items or services purchased outside of our Site.
If you purchase an item or service from a seller in another country, you cannot ask the seller to mark the item or service as a gift in the customs declaration.
Although Scrapo provides a platform for members to experience and explore the benefits of negotiating prices for items and services provided by other members, under certain circumstances, you might be entering into a legally binding contract to purchase/sell an item or service when you commit to purchase/sell an item or service. Scrapo does not intend communications between users to be legally binding and it is further understood that Scrapo neither incurs any obligation or responsibility to either of the parties nor shall such communications be deemed Scrapo’s opinion and/or understanding, expressed and/or implied, of the interaction between the parties. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND THAT YOUR ACTIONS MIGHT RESULT IN A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE SELLER OR BUYER AS THE CASE MIGHT BE.
We do not transfer legal ownership of items from the seller to the buyer.
International Buying and Selling; Translation
Our services may be accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items and arrangement of services.
You authorize us to use automated tools to translate your content and user-to-user communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools that will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
If you use any of our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
License and Access
Subject to your compliance with these Terms and Conditions of Use and all Policies, Rules, Terms, and Notices now existing and/or hereafter created, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal non-commercial use of our Services. This license does not include any resale or commercial use of any of our Services, or our content; any collection and use of any product/service listings, descriptions, or prices; any derivative use of our Services or content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extrication tools. All rights not expressly granted to you in these Terms and Conditions of Use and/or all Policies, Rules, Terms, and Notices now existing and/or hereafter created are reserved and retained by us, our licensors, suppliers, publishers, rightsholders, or other content providers. None of our Services, nor any part of our Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse our Services. You may use our Services only as permitted by law. The licenses we grant terminate if you do not comply with these Terms and Conditions of Use and all Policies, Rules, Terms, and Notices now existing and/or hereafter created.
All content included in or made available through any of our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, scripts, data compilations, and software is the property of Scrapo or our content suppliers and protected by United States and international copyright laws. The compilation of all content included or made available through any of our Services is our exclusive property and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Services are trademarks or trade dress of Scrapo in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in any of our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
One or more patents might be owned by Scrapo and may apply to our Services and to the features and services accessible via our Services. Portions of our Services might operate under license of one or more patents.
No third party provider of data or software applications endorses or takes responsibility for the Service or for us.
Reviews and Comments
If the ability to do so is made available by us to our users, you may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you post. You are solely responsible for all of your content and for all information that you post on, through, or in connection with our Services and this Site, and that you provide to others. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content. We also reserve the right to prohibit you from posting additional comments.
We assume no responsibility for the conduct of any user submitting any review and/or comments and/or any user content, and we assume no responsibility for monitoring the Site for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all user content. Your use of our Services and of this Site is entirely at your own risk. By using our Services and this Site, you might be exposed to user content that is offensive, indecent, fraudulent, or otherwise not in line with your expectations. You bear all risks associated with the use of any user content available in connection with our Services and this Site. At our sole discretion, our representatives, agents, or technology may monitor and/or record your interaction with our Services and this Site or communications (including, but not limited to, messages, chats, images, photographs, texts, or voice communications) when you are using our Services or this Site. By entering into these Terms and Conditions of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission or reception of any user content, including, but not limited to, messages, chats, images, photographs, texts, or voice communications.
If you do post content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or another user.
Disclaimer of Warranties and Limitation of Liability
You agree that use of our Site and/or Services is at your sole risk. Neither Scrapo nor any of its officers, directors employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Scrapo, or the like, warrant that websites affiliated with Scrapo, including, but not limited to, Scrapo, will be interrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, ransomware, malware, harmful or malicious code, or other defects. The information, products, and services published on Scrapo may contain inaccuracies or typographical errors. We make no warranty as to the results that may be obtained from the use of our Services or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through us. We shall not be responsible for any opinions, views, advise, or statements posted on Scrapo (including, without limitation, any public posting areas of the website) by any person or entity other than an authorized Scrapo spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Scrapo spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF SCRAPO IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY SCRAPO, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCRAPO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMTED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SCRAPO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SCRAPO, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCRAPO, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, SCRAPO DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABILE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCRAPO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECITON SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM SCRAPO OR THAT RESULTS FROM MISTAKES, OMISSIONS, INERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT SCRAPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH SCRAPO.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON SCRAPO SERVICES FOR ITEMS PURCHASED THROUGH SCRAPO, FROM INABILITY OR FAILURE TO PERFORM SERVICES PURCHASED THROUGH SCRAPO, FROM INABILITY TO USE SCRAPO’S SERVICES OR ITEMS OR SERVICES PURCHASED THROUGH SCRAPO, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SCRAPO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXLCUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of Scrapo, you should discontinue your use of Scrapo.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, AND HOLD THE SCRAPO PARTIES HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS AND RELATED COSTS, DAMAGES, AND LIABILITY INCLUDING, WIHTOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH: (1) BREACH BY YOU OF THESE TERMS; (2) ANY USE OR MISUSE OF THE SERVICE USING YOUR CREDENTIALS OR UNDER YOUR ACCOUNT; (3) ANY USER CONTENT PROVIDED BY YOU; AND (4) ANY CLAIMS BROUGHT AGAINST ANY SCRAPO PARTY BY ANOTHER USER OF THE SERVICE AS A RESULT OF ANY OF YOUR ACTS OR OMISSIONS; (5) ANY INTERACTION OR DISPUTE WITH ONE OR MORE USERS OR FORMER USERS OF THE SERVCE. YOU AGREE TO HOLD SCRAPO HARMLESS IN RELATION TO ANY CLAIM, FINE, PUNISHMENT OR PENATLY THAT IT MAY HAVE TO BEAR AS A CONSEQUENCE OF YOUR BREACH OF ANY TERMS OR RULES. SCRAPO ALSO RESERVES THE RIGHT TO CLAIM DAMAGES.
If you believe that our Services or this Site contain any content that infringes your copyright or other intellectual property, please contact our Copyright Agent at the following email address: firstname.lastname@example.org. Please include the following with your submission: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Risk of Loss
All items purchased through our Services and/or this Site are made pursuant to a shipment contract and not with Scrapo. This means that the risk of loss and title for such items are borne entirely by the seller and buyer, and in most cases, pass to the buyer upon delivery of the item to the carrier.
PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SCRAPO HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that any and all disputes or claims that have arisen or may arise between you and Scrapo relating in any way to or arising out of this or previous versions of these Terms and Conditions of Use, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
YOU AND SCRAPO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SCRAPO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELEIF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELEIF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
A party who intends to seek arbitration must first send to the other, by certified mail, a notice including a statement of the nature and basis of the claims the party is asserting and the relief sought. The notice should be sent by mail to Scrapo Inc. office. If you and Scrapo are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or Scrapo may initiate arbitration proceedings.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Scrapo Inc.. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration. The AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted pursuant to the terms herein. The arbitration hearing shall be at a mutually agreed location. If the value of the relief sought is $10,000.00 or less, you or Scrapo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Scrapo subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any claim or dispute that has arisen or may arise between you and Scrapo, except as otherwise stated herein.
We reserve the right to make changes to our Site, Policies, Services, and these Terms and Conditions of Use at any time.
These Terms and Conditions of Use are intended to comply with all applicable laws. You and Scrapo agree that if any portion of these Terms and Conditions of Use is found illegal or unenforceable, in whole or in part by any court, of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms which shall continue to be in full force and effect. The offending portion shall be modified to the slightest degree necessary to make it enforceable, remaining as close as possible to the parties’ original intent for that portion.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Any waiver of any provision by Scrapo of these Terms and Conditions of Use will be effective only if in writing and signed by Scrapo.
Except as provided otherwise in these Terms and Conditions of Use, all notices, requests, instructions, and other communications given to Scrapo by you must be given in writing sent certified or registered U.S. mail, or sent by overnight courier, addressed to Scrapo, Inc.