iScrap App is provided by iScrap App Inc., its providers, licensors and affiliates ( “we” ). We offer you the website, applications, services and content on iScrap App.com (“iScrap App”) on the condition that you agree to the following terms.ca
EACH TIME YOU ACCESS, USE OR REGISTER FOR iScrap App, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms” or “Agreement”).
You may not use iScrap App if you do not agree to these Terms of Service.
In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles and all other forms of data and communications on iScrap App that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third party providers, licensors and businesses and proprietors that post Content, which include any profiles and listings, on iScrap App. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.
Google, Inc. provides the map features on iScrap App. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.
Changes to these Terms
We may make changes to the terms of this Agreement at any time. All modifications will be posted on iScrap App website and such modifications take effect upon posting. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any changes to this Agreement, you must discontinue your use of iScrap App. Your ongoing use of iScrap App after the changes take effect signifies your agreement to the new terms.
Changes to the Services
We may change, update or discontinue any offering, feature or Content on iScrap App at any time and without notice.
Brief summary of our terms
Registration and Eligibility
We will open a Premium Yard Profile account when you register on iScrap App, which we will refer to as a “profile” in this Agreement. In order to register with iScrap App, you must meet the following qualifications:
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of iScrap App, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.
We own all rights in the iScrap App Site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and website, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on iScrap App unless otherwise noted. We (or as applicable, our licensors) own all intellectual property rights in our databases, code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights nothing in this Agreement grants you any other rights in iScrap App or its Content.
License and Authorized Uses
We grant you a non-exclusive, non-transferable, limited license to access and use iScrap App and the Content, subject to the terms and limitations of this Agreement. All Content is licensed and not purchased
Unauthorized Access and Use of iScrap App
You may not directly, indirectly or through any intermediary:
You are responsible for all activities under your profile, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through iScrap App. We are not responsible if your profile or account is compromised or if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Use of Content, Forums, Comment Areas and Message Boards
iScrap App PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE AT YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. Do not construe that all of the Content is either endorsed or verified by our Contributors or us. iScrap App is not intended to provide personalized investment or other regulated professional advice. Nothing contained on iScrap App may be provided or should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our content providers and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on iScrap App that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user profile and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of iScrap App or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Important Terms about the Content You Post on iScrap App
iScrap App offers features where users of the site may post reviews of your business, as well as prices of materials at scrap yards with whom they do business with, which include ratings and comments on forums and discussion boards. Except for the Content licensed by our Contributors or us to you, we do not claim ownership of any Content posted by you or our other users. However, by submitting Content to iScrap App:
If you participate in any feature on iScrap App that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on iScrap App. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from iScrap App at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use iScrap App to submit Content or engage in any conduct that:
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.
You acknowledge that posting Content that violates the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on iScrap App will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on iScrap App. We are not responsible for the loss of any data or Content you elect to store on iScrap App.
By submitting Content on iScrap App, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on iScrap App; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties’ consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
We value your opinion and encourage your input but threats, harassment, lewdness, hate speech, and other displays of bigotry will not be tolerated.
Conflicts of Interest
Your contributions shall be unbiased and objective. For example, you shall not write reviews of your own business or employer, your friend’s or relative’s business, your peers or competitors in your industry, or business in your networking group. Business owners shall not ask customers to write reviews.
Your contributions are to be relevant and appropriate to the scrap metal industry. For example, reviews are not the place for rants about a business’s employment practices, political ideologies or other matters that do not address the core of the scrap and salvage yard experience. Do not use our services to engage in illegal activities or promote dangerous and illegal acts.
You shall not publicize the private information of other persons. Do not post photographs, videos or other similar images of others without their permission and you shall not post the full names unless you’re referring to service providers who are commonly identified by or commonly share their own full name.
You shall not use without authorization of its owners the content from other sites or users. You should write your own independent reviews and take your own photographs and videos.
iScrap App may offer from time-to-time additional, optional services on the website for business owners and marketing organizations. Our Premium Yard or Premium Business Listing is a paid service offered on iScrap App, which will be subject to additional terms, conditions and limitations for the user of such services. We may modify and change these offerings at any time.
Premium Yard Listing – Description and Important Disclaimers
iScrap App Premium Yard Listing is an optional fee-based service provided by iScrap App to place your company listing into a higher ranking in the iScrap App company browse and search results. Your Premium Yard Listing is billed at the time of submission. If subscribing to a trial of services, you will be billed a one time set up fee after the trial period and a monthly rate going forward.
A credit card is required to subscribe to the Premium Yard Listing for the monthly or annual period. All Premium Yard Listings must conform to the iScrap App editorial guidelines, and must be relevant topically to the category and location. All Premium Yard Listings are subject to final approval by iScrap App, which in its sole discretion may reject a Premium Yard Listing request for any lawful reason.
iScrap App reserves the right to decide whether, where, and how a Premium Yard Listing is listed.
iScrap App reserves the right to reject a Premium Yard Listing submission.
All fees paid for the Premium Yard Listing are NON-REFUNDABLE.
Premium Yard Listing Participation
The Premium Yard Listing shall be effective on the date you initiate a subscription. Each yard receives a 30 day trial period. Billing is scheduled for day 30 and unless the Premium Yard subscriber opts out, the account is billed the subscribing fee plus monthly rate. Billing is monthly thereafter. The account is maintained and live when payment is received. When payment is late or unpaid, your account automatically reverts to an unpaid basic listing, which does not include any of the paid features of a Premium Yard Listing. Once payment is received, your status is renewed as a Premium Yard Listing.
Annual Payments are accepted and billed for the initial subscribing fee and 12 times the monthly rate equivalent to a full year prepayment. iScrap App provides a free custom pin for those that take advantage of this prepaid option. Each location is limited to a single custom pin per prepaid fee.
Cancellations can be made through the customer dashboard or by sending an email to: [email protected] Refunds will only be issued if customer cancels within a seven day period of monthly or annual service charge. All other charges are non-refundable.
Fees and Payment – Optional Services and Content
You agree to pay the applicable fees and charges for services provided by us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a payment from iScrap App are disclosed in these Terms of Service; you can also review your payment terms from time to time by visiting the “My Account” area on iScrap App.
Mobile and Wireless Services
We may offer from time-to-time mobile applications and services. If you access iScrap App through mobile and/or wireless applications (e.g., cell phone), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from iScrap App that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
You may withdraw this consent at any time by going to the location services setting on your device and turn off the global location service settings and/or the other location settings on your device.
iScrap App may publicly display advertisements.You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you
Billing Problems and Disputes
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
Disclaimer of Warranties
We provide iScrap App “as is”, “with all faults” and “as available.” YOUR USE OF iScrap App IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about iScrap App and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT iScrap App AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF iScrap App. WE DO NOT GUARANTEE THAT iScrap App WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE iScrap App AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
OUR DEVELOPMENT TEAM AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF iScrap App. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR DEVELOPMENT TEAM’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON iScrap App, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL WE OR OUR DEVELOPMENT TEAM BE LIABLE TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE iScrap App SERVICES THAT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR ISCRAP APP SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
We may cancel or suspend your access to iScrap App at any time, without cause and/or without notice. Your right to use iScrap App will end once your service is terminated, and any data you have stored on iScrap App may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, vendors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of iScrap App. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting and Notices
You agree to transact with us electronically. You agree that the Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding iScrap App (collectively, “Notices”) or anything related to your use of iScrap App. We can send you electronic Notices (1) to the e-mail address that you provide to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on iScrap App’s webpage, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
You can review these terms at http://www.iscrapapp.com/terms-conditions/. Our terms and other notices are designed for access on most current Internet web browsers and on the mobile devices in which we offer mobile applications and services.
In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have an access to a printer that can print web pages from the print function of your Internet browsers. The print features on many devices and browsers may enable you to save a copy of the terms as a “note” or “PDF” file on your device.
This Agreement and any supplemental terms, policies, rules and guidelines posted on iScrap App constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of New Jersey govern this contract and any claim or dispute that you may have against us, without regard to NJ’s conflict of laws rules. You further agree that a state court located in Morris County, NJ or NJ federal court will resolve any disputes or claims that you may have against us.
We may assign this Agreement at any time without notice to you. You may not assign this Agreement to anyone else.
As a responsible website publisher, we support the protection of your reputation as a business owner. We do not preview, edit or review any third party reviews displayed on this website. We operate a notice and removal procedure regarding inappropriate content/remarks made by third party users. We have established a procedure below to report any items you believe defame you.
Upon receipt of a complaint regarding third party review content being false or misleading, iScrap App will review said comments to determine whether they should be removed.
Customer comments that report current pricing, and materials sold can vary by type of scrap sold, volume of scrap sold, condition of scrap sold and location of scrap sold and are not subject to removal. This information is subject to disclaimer, that iScrap App is not responsible for pricing posted, as it only acts as a guideline for customers to learn more about current market conditions. Upon review of third party comments that we deem inappropriate we will remove said content
Notice and Procedure for Making Claims of Defamation:
The following information is provided exclusively for notifying us that you believe you have been defamed by content on this website. All other inquiries will not receive a response through this process.If you believe that any content on this website contains a statement that is defamatory to you, please email our designated agent: [email protected]
If you believe you have been defamed, your written notification must include the following:
We may store the information you submit to or through the Site, as well as information we collect in connection with your use of the Site.
We use the information to fulfill your requests, provide the Site’s functionality, improve the Site’s quality, personalize your experience, track usage of the Site, provide feedback to businesses that are listed on the Site, display relevant advertising, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Site, and comply with legal obligations.
Among the information we collect:
scrap yard Account Information:If you create an account on iScrap App, we may store and use your full name, email address, zip code and other information you may provide with your account.As a paid user, you can control content of your account. When disabled the private information of your listing is not visible to the public.
The information that you post to the Site in a review is intended for public consumption.
When you sign up for an account, you are opting to receive emails from other iScrap App users, businesses, and iScrap App itself. You can manage your email preferences but note that you cannot opt out of receiving certain administrative or legal notices from iScrap App.
We may store information about your use of the Site, such as your search activity, the pages you view, the date and time of your visit, and the businesses you call using our mobile applications. We also may store information that your computer or mobile device provides to us in connection with your use of the Site, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.
Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
Types of Cookies used on the Site include:
For example, we use a Cookie that informs us whether you have already signed up for an account.
Authentication, Security, and Compliance
It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect your ability to use the Site. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.
We may share information about you with third parties as follows:
We may share user information in the aggregate with third parties, such as advertisers and content distributors. By way of illustration we may disclose the number of users that have been exposed to, or clicked on, advertisements.
We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
Facebook and Twitter
If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create a iScrap App account. You can also connect your iScrap App account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers. You can manage these settings.
Scrap Metal Laws
The iScrap App Inc. does not take responsibility for any misinterpreted or mistaken legal information provided on our site referring to scrap laws and regulations. We cannot offer legal advice of the information provided. This information was sourced from public websites (credentials referenced in documents) with official resources.
Data Retention and Account Termination
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100 percent secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
iScrap App Inc.
PO Box 680
Rockaway, NJ 07834
iScrap App’s Commitment To Privacy:
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect:
Your privacy is important to us, so when we collect your email addresses or information through communications including online forms, sign up pages, and online data information we will not give your information out to anyone for 3rd party use. The information will be used internally only for web site traffic analysis.
At iScrap App Inc. we provide a range of advertising services to advertisers. As part of those services, we may display ads on our own site, or mobile app. Some of the ads we display are targeted based on your online behavior.
For example, when we partner with advertisers, we sometimes target ads or perform statistical analysis according to certain categories or demographic segments based on the pages you view and links you click when using iScrap App related services.
Sharing Information with Other Companies
In some cases, we share with advertisers and their service providers and partners the information we have collected in connection with their advertisements. We may also share certain aggregated information, such as the number of users interested in an advertised product or service. We share non-personally identifiable information such as location and business type.
iScrap App will not sell your information to anyone.
Copyright And Trademark Disputes
See our Defamation Policy for information about copyright and trademark disputes.
iScrap App Deals and iScrap App Advertising
If you create a business owner’s account on the Site or contract advertising from iScrap App, the iScrap App Advertising Agreement will apply. In the event of any conflict between the iScrap App Advertising Agreement and these Terms, the iScrap App Advertising Agreement will prevail.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non exclusive, royalty‐free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against iScrap App and its users any claims and assertions of any rights contained in such Feedback.
The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
You agree to indemnify, defend, and hold iScrap App, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “iScrap App Entities””) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services provided or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. iScrap App reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of iScrap App.
iScrap App will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE iScrap App ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE iScrap App ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE iScrap App ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE iScrap App ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
THE iScrap App ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE iScrap App ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR SUBSCRIPTION AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.THE iScrap App ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE iScrap App ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE iScrap App ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE iScrap App ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. THE iScrap App ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Choice of Law and Venue
NJ law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and iScrap App (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NJ
Procedure of Making Claims of Copyright Infringement
According to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. Any and all inquiries not following the procedure will receive no response