Scrap Connection Terms of Service
This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Scrap Connection,” “ScrapConnection.com,” “Scrap Connection Inc.,“ “us,” “we,” and “our,” refer to us, Scrap Connection Inc., or our websites, ScrapConnection.com, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
“Agreement” means these Terms of Service;
“Buyer” refers to a person who purchases scrap metal from a Seller using our Service;
“Scrap Connection” refers to the business which owns the websites (Scrap Connection Inc.), our Sites, or our Service, depending on the context of the usage;
“Seller” refers to a person who, through our Service, sells, offers to sell, or advertises scrap metal to a Buyer;
“Service” refers to the services that we provide through our Site, including but not limited to our online scrap metal trading platform;
“Sites” refers to our websites under the domain scrapconnection.com
“User” refers to you, Buyers, Sellers, and any other person who uses our Service, or visits our Site;
“You” refers to you, the person who is entering into this Agreement with Scrap Connection.
3. Description of Service
Scrap Connection provides a leading online trading platform that facilitates trusted, secure, end-to-end transactions for international Buyers and Sellers of scrap metal. Through our websites we provide a private, secure and transparent marketplace for Buyers and Sellers to bid, process and complete transactions.
4. Information Supplied
When using our website, you will provide your name, e-mail address, mailing address, date of birth, credit card information, and telephone number. We also require that Users provide suitable proof of identity and proof of residence, such as a copy of a passport and utility bill respectively, or some other evidence deemed suitable by Scrap Connection. Please note that although we engage in these vetting procedures, we make no warranties as to the identity or residence of any User.
We may choose to process your payment directly, or we may pass some or all of the information you provide to us, including your credit card information, to a third party payment processor for processing.
In addition to providing us with the above information about yourself, when signing up for our Service, you must be at least the minimum age of contractual capacity in the State of Delaware, which is eighteen years old.
If you live somewhere other than the State of Delaware, you must be at least the minimum age of contractual capacity where you live, but, if that age is lower than eighteen, you must still be at least eighteen to use our Service.
Finally, when entering into a transaction with another User, you must also be at least the minimum age of contractual capacity in that other User’s jurisdiction, while still observing both your own residence’s minimum age and that of the State of Delaware.
The above rules regarding age exist because they are required in order to ensure that contracts for the sale of scrap metal are legally enforceable, or at least are not void for lack of contractual capacity (Scrap Connection makes no statements about the enforceability of any transaction conducted through its Service).
We are merely an intermediary for Buyers and Sellers who wish to exchange money for scrap metal. As such, we make no claims as to the reliability of either Sellers or Buyers who purchase scrap metal from Sellers and, without limiting the generality of the foregoing, we make no claims about the quality of metal sold, the reliability or honesty of a User, or the safety of any metal provided or the method by which it is transported. You hereby acknowledge that Scrap Connection takes no responsibility for the sale of goods by Sellers, or the purchase of goods by Buyers, and you agree to release us from any liability related to such transactions that we might otherwise have towards you.
We may use a third party payment processor to process payments. If we do, you agree that we are not responsible for any failure of such processors to remit payment to us that you may make through them (or be entitled to from a debtor), or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the processor before we will credit the relevant Seller for the transaction.
Regardless of whether you are a Seller or a Buyer, you agree that you will be held jointly and severally liable for any chargebacks conducted in relation to a transaction to which you are a party. This is because we are unable to determine whether a chargeback is legitimate, or is simply an attempt to commit a fraud upon by two Users working in concert. Any disputes should be solved through collections agencies, the courts, law enforcement, or other means that do not result in a loss to Scrap Connection.
Any use of obviously fraudulent chargebacks, whether in concert with another User or done to defraud the other User, will be reported to the infringing User’s or Users’ local police department and a credit bureau, as well as referring the matter to the User’s or Users’ local small claims court(s).
If you are a Seller, you will be paid according to the methods and rates posted on our Site or negotiated with you directly. Where two or more payment terms are inconsistent, the term or terms most preferable to Scrap Connection shall apply.
Scrap Connection is not responsible for maintaining financial records on behalf of Users. As a User, you agree that you are an independent business or individual, not working on behalf of Scrap Connection in any way, and that you are retaining us for our services as a trading platform only. Scrap Connection does not act as a representative, advisor, or accountant for any User in any way, nor does it manage how contracts are performed (such as how metal is to be delivered).
As a User, you are solely responsible for maintaining your financial records and reporting your income to the Internal Revenue Service and state revenue agencies. You must ensure that you comply with all applicable tax legislation (as well as any other legislation), which may include the payment of sales or use taxes to state revenue agencies. You must also ensure that you comply with all customs requirements, such as the payments of tariffs on metals.
We are only an intermediary that offers a marketplace in which Buyers and Sellers can transact for the exchange of scrap metal. As we are not the Seller of any metal ourselves, we cannot offer refunds, and it is up to Buyers and Sellers to solve any disputes amongst themselves independently of Scrap Connection.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our websites, or our websites themselves, without our prior written permission. This includes, but is not limited to, aggregating our content, rewriting it and/or reposting it elsewhere.
“Scrap Connection” is a trademark used by us, Scrap Connection Inc., to uniquely identify our Site and our Service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our websites or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
11. Revocation of Consen
Where Scrap Connection has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We therefore recommend that, if granted such permission, you do not use our intellectual property in any manner that would result in a loss if we exercised our right to revoke consent to use that intellectual property.
12. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our websites of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: ScrapConnection.com Copyright Agent
Scrap Connection Inc.
Simon Carmiggeltstraat 6
Amsterdam, Noord Holland 1011 DJ
If sending the notification by e-mail, an electronic signature is acceptable.
Additionally, although no similar procedure exists under American law for trademark infringement, we recommend following a similar procedure as that described above to notify us of alleged trademark infringement, so that we can take prompt action to correct the infringement.
Please note that although our address for service is located in the Netherlands, the United States DMCA procedure must still be used as one of the terms to which you consent in this Agreement is that the choice of law and forum of dispute shall be that of the State of Delaware.
If you are reading this document to find out how to serve us with a copyright notice, but you have not consented to this Agreement and are therefore not bound by our choice of law provisions, you may do one of the following two things:
1) Provide us with a DMCA notice formatted according to the above requirements. You agree that, if you send us such a notice, you consent to the sole jurisdiction of a court of competent jurisdiction in the State of Delaware (and all courts of appeal available for disputes in such courts), and the application of United States and state law in the State of Delaware, to the exclusion of all other jurisdictions’ venues and laws.
2) Send us a notice in accordance with the Dutch Notice-and-Take-Down procedure, an English-language summary of which can be viewed on the Council of Europe’s website at this URL: http://merlin.obs.coe.int/iris/2009/1/article28.en.html. In such a case, you consent to the sole jurisdiction of a court of competent jurisdiction in the Netherlands (and all courts of appeal available for disputes in such courts), and the application of the relevant Dutch and European law, to the exclusion of all other jurisdictions’ venues and laws.
We recommend using Option #1, as U.S. DMCA notice procedures are faster, more effective, and can offer a more expedited discovery process to determine the infringing party’s identity. This should not be construed as legal advice and you should contact a qualified attorney before exercising your legal rights.
13. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR OR OUR USERS’ GOODS OR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE PURCHASE OF GOODS OR SERVICES THROUGH OUR SERVICE, WHETHER FROM US OR FROM OUR USERS. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY GOODS OR SERVICES, INCLUDING INJURY TO PERSONS OR PROPERTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
15. Choice of Law
This Agreement shall be governed by the laws in force in the State of Delaware. The offer and acceptance of this contract is deemed to have occurred in the State of Delaware.
16. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against Scrap Connection, you agree that any dispute naming Scrap Connection or a party acting for or on behalf of Scrap Connection arising from or relating to this Agreement will be heard solely by the Delaware small claims system (“Small Claims Court”), known in the State of Delaware as the Justice of the Peace Court. You agree that even if you may be entitled to a monetary, equitable, or other remedy exceeding the jurisdiction of the Small Claims Court, you will waive your right to that remedy and still bring your action within the Small Claims Court. In the State of Delaware, the Small Claims Court has monetary jurisdiction of up to $15,000 in contractual disputes and negligence cases, meaning that even if you would otherwise have the right to recover more than $15,000 in damages from us in such a case, you agree that you will only sue for the $15,000.
If the subject matter of a dispute includes multiple claims, at least one of which is eligible to be heard in the Small Claims Court, you will release us from liability for the ineligible subject matter and will instead proceed with the eligible subject matter within the Small Claims Court.
If, after the application of these Forum of Dispute provisions, your claim is still ineligible to be heard in the Small Claims Court, you agree that the dispute shall be heard in the next most summary manner available in a court of competent jurisdiction.[b]
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Scrap Connection shall have the sole right to elect which provision remains in force.
In the event of a breach of this Agreement by you, or other actionable conduct, we may not take action against you, either knowingly or unknowingly. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.
20. Termination & Cancellation
We may terminate your account or our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid directly to us (not including payments paid to us when such payments were intended to be credited to another User rather than to Scrap Connection directly), except in cases where the termination or cancellation was due to your breach of this Agreement or for cause.
Termination for cause includes any activity which may be unlawful and/or harm Scrap Connection, its Users, or any other person, and includes but is not limited to the engagement or attempted engagement in fraud, hacking, violence, breach of contract with Scrap Connection or another User, money laundering, tax evasion, or any other activity which can cause harm to the Scrap Connection marketplace.
For services which have no time limit, such as advertising or account services with no expiration date on our provision of the service, you agree that we are not liable in any way whatsoever for refunding payments once our Service is at least partially provided to you, as we cannot take on the burden of guaranteeing that our Site will be online, or our business will exist, for an infinite amount of time.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will send you an e-mail informing you that there has been a change. You may refuse to agree to the amendments, but if you do, you must immediately cease using our websites and our service and inform us of your refusal by e-mailing firstname.lastname@example.org with details. You must visit this page each time you come to our websites and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
23. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ScrapConnection.com must be addressed to our agent for notice and sent via certified mail to: Oscar Simons, Simon Carmiggeltstraat 6, Amsterdam, Noord Holland 1011 DJ, Netherlands.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: October 2017