last updated: November 1, 2013
DOCUMENT CONTAINS LEGALLY BINDING TERMS AND CONDITIONS THAT
GOVERN YOUR USE OF OUR SITE. IF YOU DO NOT AGREE WITH THESE TERMS
OF USE, THEN IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE BY
CLOSING THIS PAGE AND OUR SITE AND DO NOT PROCEED WITH ANY FURTHER
USE OF OUR SITE.
User Requirements.The Site is available only to, and may only be used by, individuals who are at least 18 years of age and can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. We may, in our sole discretion, refuse to offer access to or use of the Site to any person or entity at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Use of SiteScott's Marketplace is an online venue on which registered users may offer goods and services for sale. We are not directly involved in the transaction between buyers and sellers and we have no involvement in the consummation of a contract between a buyer and a seller. Consequently, we do not transfer legal ownership of any items from the seller to the buyer, and we do not have control over the quality, safety, morality or legality of any aspect of the goods or services offered for sale by sellers on the Site, the truth or accuracy of the listings, the ability of sellers to sell goods and services, or the ability of buyers to pay for such goods and services. Therefore, SMP has no liability or responsibility for any matter arising out of a transaction between a seller and a buyer. You should be comfortable in all respects with a seller before you purchase goods or services from them.
You may use the Site solely in connection with the intended purpose and use of the Site and, in any event, for lawful purposes only. You are solely responsible for your conduct and activities on the Site. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site and you agree not to use the Site in any manner that might interfere with the rights of our users or any third parties.
Prohibited ActivitiesYou shall not:
- access or use the Site if you are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or permanently suspended from using the Site;
- copy, reproduce, modify, distribute, or publicly display SMP Content or content from the Site or create derivative works from any such content or SMP Content, unless agreed to in writing by SMP;
- infringe upon SMP's or any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity;
- engage in activities that are defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any user (including SMP's employees), or falsely state or otherwise misrepresent your affiliation with any person;
- provide false, inaccurate or misleading information to any user on the Site or to us;
- engage in fraudulent activities or become involved in the sale of stolen or counterfeit items;
- transmit code that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
- interfere or attempt to interfere with the functionality or proper working of the Site or any activities conducted on the Site;
- take any action that imposes an unreasonable or disproportionately large amount of information or data on the Site or that adversely affects our ability to operate the Site as determined solely by us;
- use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever without our express written permission;
- bypass, disable, or otherwise tamper with any robot exclusion headers or other security measures used to prevent or restrict access to the Site,
- reverse engineer, modify, adapt or hack the Site;
- create a website so as to falsely imply that it is associated with SMP;
- interfere with SMP's relations with third party providers such as ISPs, suppliers and vendors; and/or
ContentYou understand and agree that the Site is simply a venue and that SMP does not control the content or information provided by users and made available on the Site. Accordingly, SMP does not make any representation or warranty of any kind about the truth or accuracy of any information posted on the Site by users or found on websites linked to, or whose hyperlinks appear on, a user's page. Moreover, SMP is not responsible or liable for any content including, without limitation, data, text, representations, general information, usernames, graphics, images, photographs, profiles, audio, video, any other items, and links posted on the Site by users or available on any websites or other resources posted, linked to, or referenced on, the Site. Registered users may review, rate, and comment on a seller and the seller's business, product, or service. You understand that such reviews, ratings and comments are not made by SMP. If you rely on any review, rating or comment to decide whether or not to do business with a seller or whether or not to purchase a product or service, then you do so at your own risk. SMP does not endorse any company, content, products, goods, services, or other items listed for sale on the Site or any other websites or other resources associated with any user of the Site. You agree that SMP shall not be responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, goods, services, reviews, ratings, comments, or any other information available on the Site or on any websites or resource posted, linked to, or referenced on, the Site.
You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Site, you agree to accept such risk. We encourage you to confirm and verify all users before engaging in any transaction. You may wish to consider using a third party escrow service or services that provide additional user verification.
You agree that SMP is not liable for any and all acts or omissions of users on the Site. Please use caution and common sense when engaging in communications and entering into transactions with users of the Site. You use the Site at your own risk.
CommunicationsYou must register with SMP before you may send any request or message to a seller on the Site. Even if you register with SMP, there is no guaranty that a seller on the Site will respond to your request or message. SMP does not supervise or control communications, interactions or transaction between users on the Site. You are solely responsible for interactions with others on or through the Site. You understand that SMP does not in any way screen users of the Site. You should exercise caution and good judgment in all interactions with other users, particularly, if such interactions occur offline or in person.
AvailabilitySMP does not warrant or guarantee continuous, uninterrupted, timely, secure or error-free access to or use of the Site or any services provided on the Site. You may experience interruptions to the operation or functionality of the Site for many reasons including reasons outside of our control. SMP does not warrant or guarantee that any defects or bugs will be corrected.
Disputes/ReleaseIf you have a problem with the Site or SMP, then please contact us at www.scottsmarketplace.com to report the problem. If a dispute arises between you and a seller about a transaction consummated using a third party payor such as Paypal, then you should immediately contact Paypal and follow their dispute resolution process. If you have a dispute with a user that does not concern a transaction, then you may contact us at www.scottsmarketplace.com to report the dispute but, in any event, and you should consider reporting such dispute to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, if applicable.
SMP at its sole discretion may try to help users resolve disputes; however, SMP does not have any obligation to resolve any such disputes. To the extent SMP takes any action to attempt to help a user resolve a dispute, SMP will do so in good faith based solely on SMP's policies; provided, however, that SMP's actions shall not constitute a waiver of any rights held by SMP nor adversely affect or otherwise invalidate or void any release granted by you to SMP. SMP cannot advise a user on the law or make judgments regarding legal issues or claims. You hereby release SMP for and from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Intellectual PropertySMP owns all right, title and interest in and to the name Scott's Marketplace, all other trademarks, service marks, trade names, graphics, logos, source code, designs, page headers, button icons, and scripts used by SMP as part of the Site (collectively, the "SMP Content"). The SMP Content may not be used in any manner that is likely to cause confusion including, without limitation, as part of your business, your trademarks, service marks, trademarks, domain names, or email address, or otherwise in connection with your products or services except as expressly permitted in writing by SMP.
No WarrantySMP PROVIDES THE SITE, ALL SERVICES AND PRODUCTS ON THE SITE, AND ALL CONTENT AND THIRD PARTY CONTENT ON THE SITE ON AN "AS IS," "WHERE IS, " "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SMP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT OT THE SITE, THE SERVICES AND PRODUCTS OFFERED ON THE SITE, AND ALL CONTENT AND THIRD PARTY CONTENT ON THE SITE. MOREOVER, SMP DOES NOT WARRANTY OR GUARANTY: (A) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE; (B) THE QUALITY, SAFETY OR LEGALITY OF THE PRODUCTS AND SERVICES OFFERED FOR SALE ON THE SITE; (C) THE SALE OF ANY PRODUCTS OR SERVICES; (D) THE ABILITY OF SELLERS TO SELL OR BUYERS TO BUY ANY PRODUCTS OR SERVICES; OR (E) THE PERFORMANCE OF ANY SELLER OR BUYER OR THE PAYMENT FOR ANY PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. NO STATEMENT WHETHER VERBAL OR IN WRITING OBTAINED BY YOU FROM SMP WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OF WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SMP'S WARRANTIES ARE EXCLUDED AND ITS LIABILITY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW WHICH SHALL NOT, IN ANY EVENT, EXCEED $100.00.
ReleaseYOU RELEASE SMP FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) YOUR USE OF THE SITE, (B) THE USE OF THE SITE BY OTHERS, (C) YOUR ACTIONS, INACTIONS, AND/OR OMISSIONS AND THOSE OF USERS OF THE SITE, (D) THE PROMOTION OR ADVERTISING OF GOODS AND/OR SERVICES ON THE SITE, AND (E) THE USE OF THE SITE TO OFFER FOR SALE OR TO FACILITATE THE SALE OF PRODUCTS AND/OR SERVICES.
Legal Compliance; TaxesYou shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, your purchase or solicitation of offers to purchase products or services offered for sale on the Site. You are responsible for paying any and all taxes applicable to any purchase or sale of products and/or services offered for sale on the Site.