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TERMS AND CONDITIONS

Welcome to ScrapMarketPlace.com / Scrap Marketplace / Scrap Marketplace Holdings LLC / Scrap Marketplace Website / ScrapMarketplace Apps (Individually and Collectively known as Scrap Marketplace). Scrap Marketplace Holdings LLC a Limited Liability Company Incorporated in the state of Florida, United States of America - owns and operates Scrap Marketplace.

A) INTRODUCTION

By using Scrap Marketplace you are agreeing to our Terms and Conditions (defined below) as well as Terms of Use and Privacy Policy and any other information, documents available on https://www.scrapmarketplace.com/Home/PrivacyPolicy and https://www.scrapmarketplace.com/Home/TermsofUse or sent to you as part of Scrap Marketplace Welcome Email sent upon Registration. You also agree to that you will visit the Scrap Marketplace Legal pages (listed above) frequently to get familiar with any updates that might be made. The Privacy Policy, together with Terms of Use, Terms of Use plus any other terms included herein or incorporated herein by reference, are collectively known as “Terms and Conditions”.
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS, PRIVACY POLICY, USER TERMS AND TRANSACTION SPECIFIC TERMS WILL BE BINDING UPON ANYONE USING SCRAPMARKETPLACE.COM, ITS PRODUCTS, AND SERVICES. The term "USING" also includes any entity or person(s) that accesses or uses Scrap Marketplace with robots, automated computer codes, crawlers, robots, extraction or data mining tools or shares login information with any employees or affiliates, with or without permission. Please Contact Us if you have any questions or concerns. If you disagree with any aspect of applicable Terms and Conditions or Privacy Policy please stop using Scrap Marketplace immediately.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scrap Marketplace without restriction. Any attempted transfer or assignment in violation hereof shall be considered null and invalid.

B) About Scrap Marketplace

Scrap Marketplace is an online platform for buyers and sellers of scrap. Scrap Marketplace platforms facilitates sale and purchase of all types of scrap including but not limited to Ferrous Metals, Non-Ferrous Metals, Paper, Batteries, Plastics, Nylon, Rubber, Appliances and Electronics – across the world. Scrap Marketplace also curates and channels industry specific information, news and prevailing prices to its registered members. It also provides opinions, facilitates exchange of documents, descriptions, contracts, photos etc. with the intent to help its visitors and registered members make best decisions as it related to sale and purchase of scrap thru Scrap Marketplace.
Users \ Members can also view their profiles, past listings, past bids, membership information, reviews, photos and leave feedback for Buyers \ Sellers they directly or indirectly transact with. undertake direct trades, leave feedback & such other information that the Website allows. Scrap Marketplace does not guarantee the accuracy of such information and documents and supports its members to ask necessary questions and validate accuracy of such documents and information using any methods they might choose.

C) Ownership

Scrap Marketplace, content on Scrap Marketplace, infrastructure used to design and operate Scrap Marketplace is proprietary to Scrap Marketplace, or its affiliates, registered users and other content providers. By using Scrap Marketplace and accepting these Terms of Use:
Scrap Marketplace grants you a limited, nontransferable, personal, non-exclusive and revocable license to use Scrap Marketplace subject to these Terms of Use and any additional terms / conditions / policies set forth by Scrap Marketplace.
You agree not to distribute, reproduce, copy, create derivative works or applications from, publicly display, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Scrap Marketplace.

D) Use of Scrap Marketplace

As a condition of your use of Scrap Marketplace, you agree and confirm that:

You have reached the age of majority and are allowed to make an online purchase in the state and country of your legal residence.

You are able to create a binding legal obligation.

You are not barred from buying, receiving products or services under applicable law.

Your use of the Site will always comply with these Terms of Use.

You have the right to provide any and all information you submit to Scrap Marketplace, and all such information is true, correct, complete and current.

All Listings you post, All Bids you submit and all purchases and sales you will make through Scrap Marketplace will be legitimate and comply with the description and terms of respective Listings.

You will keep your Scrap Marketplace profile current and correct by updating and correcting information that might have changed. Out of Date, Inaccurate, Incomplete Information might be subject to termination of your account.

You will only post listings / bids for, sale or purchase of scrap lots or participate in other available programs through Scrap Marketplace by creating an account on Scrap Marketplace. Any / All purchases will be subject to the applicable Terms, Conditions set forth by Scrap Marketplace and respective Sellers.

You will not attempt to use the Site with any type of Robots, Crawlers, data mining, or extraction tools, computer code or any other similar functionality.

E) Access

Scrap Marketplace retains the right, at its sole discretion, to limit, end or deny service or use of Scrap Marketplace or any of its features to Users / Members / Registered Users / Account Holders at any time and for any reason. Scrap Marketplace makes reasonable efforts to keep Scrap Marketplace and its functionality accessible, however all / some functionality might be unavailable at times. You agree and understand that there may be interruptions in service, functionality, access, account features etc. due to circumstances both within or beyond our control.

F) Modification

Scrap Marketplace reserves the right at all times to modify or delete any part of these Terms at its sole discretion. If we make changes that affect your use of Scrap Marketplace or our offerings, such changes to these Terms will be effective upon our sending / posting of the notice and such changes will be prospective and not retroactive. If you do not agree to any such changes, you may close your account / discontinue use of Scrap Marketplace or any of its functionality effective from the date of the notifications or changes. We suggest that you visit the Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting / sending notice / email / message aimed at notifying you of any changes to Terms is sufficient notice to advise you of these changes, and that your continued use of Scrap Marketplace or any of its functionality or services will constitute acceptance of these changes and the Terms as and when modified.

G) Account

You may create and hold account profile on Scrap Marketplace. Accounts are meant for the Use of your Business and registration must be completed using valid and accurate information. All Users are responsible for updating and correcting the information they have provided to create or maintain an accurate profile at all times. You understand and agree that Scrap Marketplace will have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your computer, mobile device, tablet computers (as applicable), passwords and supervise the use of your account. Scrap Marketplace will assume that anyone using Scrap Marketplace or transacting through your account profile, mobile application or tablet computer application is you. You agree that you are solely responsible for any and all activity that occurs using your account profile.
Your account is not transferrable. You cannot sell, combine, or otherwise share your account with any other person(s). Any violation of these Terms, including, without limitation, failure to maintain up to date and accurate information in your account profile may cause your account to lose good standing and lead to cancellation of your account at Scrap Marketplace’s sole discretion. Upon cancellation / termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (including but not limited to all disclaimers, limitations of liability, and all indemnities) will survive. Scrap Marketplace also reserves the right to change or discontinue any functionality aspect or feature of our services, website or mobile applications, including, without limitation, requirements and terms of use.

H) Closure, Name Change, Relocation

In case your Business goes through a name change, temporary closure, permanent closure, relocation, or some combination of these scenarios – corresponding Users from that Business should update their profile with relevant details immediately. Please contact Scrap Marketplace support team in case any assistance is required.

I) Conduct

All interactions on Scrap Marketplace must comply with these Terms of Use. To the extent your conduct, in our sole opinion, limits or inhibits any other user from using or any functionality or part of Scrap Marketplace, we may cancel, limit or terminate your privileges on Scrap Marketplace. Scrap Marketplace also reserves the right to seek other remedies, including, without limitation, cancellation of your account and reimbursement of outstanding fees and \ or value of commitments made. The following activities are strictly prohibited on Scrap Marketplace and constitutes as violations of Scrap Marketplace Terms of Use:

1. Submitting any content, data, reviews, account profile related information to Scrap Marketplace that:

Contains Phishing or Scamming attempts of any type.
Contains viruses or malware.
Contains chain letters of any type.
Has the effect of impersonating others.
Offers unauthorized downloads of any copyrighted, confidential, or private information.
Contains messages by non-spokesperson employees of Scrap Marketplace purporting to speak on behalf of Scrap Marketplace or provides confidential information related to Scrap Marketplace.
Is Deliberately inaccurate, commits fraud, attempts to commit fraud, or falsifies information in connection with your Scrap Marketplace account and transactions.
Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation).
Is protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.

2. Attempting to do or actually doing any of the following (Data Manipulation):

Accessing data not intended for you, including logging into a server or any account which you are not authorized to access.
Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to Scrap Marketplace or attempting to spam, flood, overload, mail bomb, or crash Scrap Marketplace.
Scanning or testing Scrap Marketplace security or configuration or breaching security or authentication measures.
Scanning or monitoring Scrap Marketplace for data gathering purposes in an effort to track transactions, traffic, usage, pricing information, use count, user type or similar data.

3. Use or Attempt to Use any or all of the following unauthorized ways::

Any Scrap Marketplace content, including but not limited to User Content, Listing Content (as defined below), in any meta tags or any other “hidden text” techniques or technologies without Scrap Marketplace’s express written permission.
Frames, framing techniques, or framing technology to enclose any content included on the Site without our express written permission.
Scrap Marketplace or any of its resources, features, functionality to solicit consumers, Other Businesses or any other third-parties, affiliates to become users or partners of other online or offline businesses or services that are directly or indirectly competitive or potentially competitive with Scrap Marketplace, including, without limitation, aggregating current or previously offered listings.
Scrap Marketplace or any of its contents to advertise or solicit, for any commercial, religious, political, or ideological purpose or to compete, directly or indirectly, with Scrap Marketplace.
Approaching Scrap Marketplace users directly to pursue a direct business relationship with them or attempt to actually transact with them directly by by-passing Scrap Marketplace platform and processes.

4. Collecting any of the following (Unauthorized Collection):

Content from Scrap Marketplace, including, without limitation, in connection with current or previously offered listing and featuring such content to your other customers, users in any way that might divert traffic from the Scrap Marketplace without it’s express written permission.
Personal Information (defined in our Privacy Statement), User Content (defined in Section below), or content of any Registered Users / Customers.

5.Engaging in any of the following:

Tampering or interfering with the proper functioning of any part, page, or area of Scrap Marketplace or any functions, features or services provided by Scrap Marketplace.
Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined at our sole discretion).
Deep-linking to any portion of Scrap Marketplace (including, without limitation, the purchase path for any Listing) without Scrap Marketplace’s express written permission.
Hyperlinking to Scrap Marketplace from any other website without our ongoing consent.
Acting illegally or with mal intention against the business interests or reputation of Scrap Marketplace, our Sellers, Process or Service Model.

J) Privacy

Scrap Marketplace takes the privacy of your Personal Information (defined in the Privacy Policy) seriously and only uses it in accordance with its Privacy Policy. We recommend every User to carefully review our Privacy Policy for details about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is part of and subject to our overall Terms and Conditions. Our Privacy Policy can be accessed by clicking here.

K) Terms of Sale

By submitting your Scrap Listing, Bidding on a Scrap Listing through Scrap Marketplace, you agree to these Terms and Conditions, Privacy Policy and other Business and Transaction specific documents that might be emailed \ shared by Scrap Marketplace team.

J) Privacy

L) Copyright, Patents and Trademarks

Scrap Marketplace contains copy righted material / trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, and the entire contents of Scrap Marketplace are protected by patent, copyright, trademark, and other intellectual property laws of the United States of America. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Scrap Marketplace or the copyright owner is permitted. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may be subject to civil and/or criminal penalties.
Other marks on Scrap Marketplace not owned by Scrap Marketplace may be under license from the respective trademark owners thereof, in which case such license is for the exclusive benefit and use of Scrap Marketplace unless otherwise stated, or may be the property of their respective owners. You may not use Scrap Marketplace name, logos, trademarks, or brands and trademarks of others on the Site without Scrap Marketplace's express permission.

M) User Content

Scrap Marketplace may provide users and visitors opportunities to submit or post reviews, responses, opinions, ratings, comments, messages, listings, bids and other communications, as well as files, images, photographs, video, sound clips. Such content plus any other content or material submitted or posted to Scrap Marketplace is now collectively referred to as "User Content". User Content can be submitted through Buyer Review, Seller Review, chat rooms, forums, bulletin boards, discussion groups, surveys, blogs, or other communication platforms or mediums facilities that may be offered on, though or in connection with Scrap Marketplace.
If you post any User Content, you commit that you will not upload, post, or otherwise make available on the Scrap Marketplace any material protected by trademark, copyright, proprietary right or unlawfully use anyone’s intellectual property rights without the express permission of the owner(s) of the respective copyright, trademark, or other proprietary rights. Scrap Marketplace does not have any express or implied responsibility or obligation to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that You are the creator of the User Content OR you are acting on behalf of the creator and have the required advance authority from creator to post such User Content
In some cases, and from time to time, it might be possible to modify, change or remove any or all of the User Content submitted or posted through your account. Scrap Marketplace makes no representations or warranties that the User Content you modify, change or remove will be or when it will be modified or removed from Scrap Marketplace or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, technology or media.

N) Bidder Selection, Payments, Escrow and Fees

Bidder Selection: Scrap Marketplace’s Registered Users can enter Bids to purchase scrap lots being offered for sale. Bidders will be selected to complete purchase on the basis of their price, bid, reputation score and other factors. Scrap Marketplace and \ or any of its Registered Sellers \ Traders are not obligated to select a Buyer on the basis of Price, Terms etc. only and are not obligated to explain the selection \ decision criteria to any Bidder. Scrap Marketplace and \ or any of its Registered Sellers \ Traders also reserve the right to withdraw any ‘For Sale’ listing at any time without notice and are not responsible to disclose or explain reasons for selection or withdrawal to anyone.

Payments: Selected Bidder will be notified of their selection and expected to pay Scrap Marketplace for the value of their Bid \ Purchase and any selected add-on services. Payments should be transferred to Scrap Marketplace within 72 hours or within agreed time frame if different time frame has been agreed in writing with Scrap Marketplace representative. Payments should be made thru Interbank Wire system, instructions for which will be provided by Scrap Marketplace in writing. To avoid potential fraud, all Buyers are encouraged to validate any instructions which appear fraudulent or from unreliable sources by calling the number found on ScrapMarketplace.com. Scrap Marketplace will never use a personal email account or non-US bank to request any payments or transfers. Failure to make payments on time could lead to cancellation of transaction and \ or poor transaction rating and \ or cancellation of account and \ or forfeiture of any deposits. Scrap Marketplace will not be liable for any incidental or consequential damages resulting from such cancellations and reserves the right to pursue all available legal remedies.

Payments made by Buyers are strictly non-refundable. Only exception to Payment Refund policy is when Seller fails to fulfil its obligations as laid out for respective transaction and \ or scrap lot is found to be significantly and reasonably different than the description shared before closing of transaction. Scrap Marketplace reserves full rights to make determination related to completion of Sellers and Buyers obligations or lack thereof. In case actual quantities of scrap \ materials are less than what is specified as part of the listing – Scrap Marketplace will attempt to adjust re-calculate pending amount on pro-rated basis, share such calculation and make final settlement. Any bank, wire transfer or other fees associated with such adjustments or refunds will be paid by responsible party.

Escrow: Scrap Marketplace will hold all funds received from selected bidders \ buyers in an Escrow account at a Class A bank based in United States of America. All such funds will be earmarked for payment to respective Sellers, after Buyer and Seller has completed the transfer of Scrap Lot(s) and met all duties and obligations as laid out for the respective Sale \ Purchase Transaction. Payments made by Buyers are strictly non-refundable.

Fees: Scrap Marketplace currently does not charge any listing fees or membership fees from any user. Scrap Marketplace only charges Sellers a fee when a transaction is completed to Sellers satisfaction. This fee is applied as a % percent of the value of the transaction. Details of applicable fees are shared and agreed between Seller and Scrap Marketplace before listing goes live for bidding.
Buyer will be responsible for paying for extra services such as in-person inspection, loading, handling, transportation services. Details and amounts for such services varies on transaction to transaction basis and will be discussed and settled before any such services are provided.
Buyers are Sellers are also responsible for paying applicable wire transfer fees that might apply to incoming or outgoing payments including any refunds or transfers that might be made per agreed terms.
Scrap Marketplace believes in 100% transparency and does not impose any other type of hidden fees or charges.

O) Payment Guarantee

Scrap Marketplace guarantees that Seller will fulfil all obligations related to quantity, condition, availability and other terms of the scrap material as listed on respective listing on Scrap Marketplace. Such guarantee is backed by holding of Sellers payments in designated Escrow accounts in USA. Scrap Marketplace will hold all funds received from selected bidders \ buyers in an Escrow account at a Class A bank based in USA. All such funds will be earmarked for payment to respective Sellers, after Buyer and Seller has completed the transfer of Scrap Lot(s) and met all duties and obligations as laid out for the respective Sale \ Purchase Transaction. Buyers will be given option to check quality and quantity of scrap materials at suitable location in presence of Seller and \ or Scrap Marketplace representative. Buyers can choose to waive such inspection rights if they like. Scrap Marketplace’s guarantee is limited to direct net payments made by the Seller and does not cover any incidental or consequential damages of any type.

P) Warranty Disclaimer

As permitted by applicable law, you understand and expressly agree that use of Scrap Marketplace is solely at your own risk. Neither Scrap Marketplace, nor its affiliates or any of its employees, directors, officers, owners, agents, other registered users, third-party content providers or licensors or any of their directors, officers, owners, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to (1) The results or Revenue or Business or Profits that may be obtained from use of Scrap Marketplace. OR (2) The accuracy, completeness, or reliability of content, market prices, quality or quantity of listings on Scrap Marketplace

Q) Scrap Marketplace Obligations

Scrap Marketplace is an online services platform. Scrap Marketplace provides technology, website and resources to help Buyers and Sellers of different types of scrap transact (sale \ purchase) with each other in a controlled and moderated online environment. Scrap Marketplace does not own the product that is being offered for sale. Scrap Marketplace relies on descriptions, information, images and other details provided by respective sellers. Scrap Marketplace does not have any absolute responsibility, liability or obligation related to any scrap lot or other item(s) being offered on its Website.
Scrap Marketplace makes no representation whatsoever and gives no guarantee against condition, location, appearance, package, accessibility, any defects etc. of the scrap material being offered for sale through its Website.
Scrap Marketplace will not have any liability of any type arising out of any transaction made by and between the buyers and sellers through the Website or related to sale and purchase of any item.

R) Limitation of Liability

Under any circumstances, Scrap Marketplace or any of its registered users will NOT be liable, or obligated to the other party or any third party for any lost profits, lost business, special, incidental, exemplary, consequential, punitive, or indirect damages regardless of the form of action, whether in contract, tort or otherwise, even if informed of the possibility of any such damages in advance. Scrap Marketplace’s sole and complete liability for any claims arising out of or relating to these terms, any transaction specific agreements \ contracts, or any errors, omissions is limited to the amount of fees retained by Scrap Marketplace.
This limitation of liability applies to the maximum extent permitted by applicable law and notwithstanding the failure of any limited remedy. In addition, any claim by or on behalf of any Buyer \ Seller \ Registered user in connection with any transaction on Scrap Marketplace must be made in writing to Scrap Marketplace within Thirty (30) days from the date of corresponding transaction. All / Any claims not made in accordance with the foregoing shall be deemed waived, released and discharged by Buyer \ Seller \ User.
As permitted by applicable law, in no event shall Scrap Marketplace, its affiliates or any of its employees, directors, officers, owners, agents, Buyers, Sellers, third-party content providers or licensors be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of Scrap Marketplace, its content, user content, including, but not limited to, any personal information, (b) your inability to use Scrap Marketplace; (c) modification or removal of listing or bid submitted on Scrap Marketplace (f) any business obtained / sale / interaction with a customer originally connected through Scrap Marketplace (g) these terms of use; or (h) any improper use of information you provide to Scrap Marketplace, including, but limited to, any personal information.

S) Electronic Communications

When you use Scrap Marketplace or send emails to Scrap Marketplace, you are communicating with us electronically and consent to receive electronic communications related to your use of Scrap Marketplace. We will communicate with you by email or by posting notices on Scrap Marketplace. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on / to Scrap Marketplace (including its employees and customer support teams) or from which you otherwise email us.

T) Websites of Others / Third Party Links

Scrap Marketplace does include or offer some third-party products / services / data / links. As and when applicable, these links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents or products or services on such websites. We do not make any claims or representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of, or reliance on any content, Products, or services available on or through any such linked sites or resources.

U) Entire Agreement

The Terms of Use, including Terms and Conditions, Privacy Statement, Transaction specific agreements or terms incorporated or referenced, constitute the complete agreement and understanding between you / Scrap Marketplace and other Buyers \ Sellers transacting through Scrap Marketplace. Such complete agreements supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Scrap Marketplace.

V) Legal Jurisdiction

Any disputes arising out of or related to these Terms of Use and/or any use by you of Scrap Marketplace or Scrap Marketplace’s services shall be governed by the laws of the State of Florida, USA without regard to its choice of law rules and without regard to conflicts of laws principles.

W) Other Disclosures

No waiver by either you or Scrap Marketplace of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver or acceptability of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used in this and other related documents are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.
You are contracting with Scrap Marketplace Holdings LLC. Correspondence should be directed to: Scrap Marketplace – 1854 Northwest 108th Avenue, Plantation, FL 33322, or by using any of the Contact options available on www.Scrap Marketplace.com/contact
The provisions of these Terms of Use apply equally to, and are for the benefit of, Scrap Marketplace and its subsidiaries, affiliates, its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.