WEBSITES ARE ONLY VENUES
The Websites can act as an online marketplace for you to find and transact with other users, members, buyers or sellers (the “Users”) showing products or services on the Service or otherwise associated with the Service. SCS Communications, LLC and its websites is not a broker, lender or seller, does not sell any products or provide any services and is not a party to any transaction you may make with a seller or distributor. The Websites do not sell or license any of the appliance products listed and displayed on the Websites. It is only a venue and is not acting as an agent of sale or an agent of any merchant or provider of appliance products or services. SCS Communications, LLC does not have any responsibility for, or liability related to, any appliance products and services listed on the Websites. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. SCS Communications, LLC does not warrant that prices, shipping costs, taxes, products or descriptions, or any other content of the Websites are accurate, complete, reliable, current or error-free. Site contents are provided for informational purposes only and SCS Communications, LLC shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Websites. SCS Communications, LLC is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Websites services. SCS Communications, LLC does not endorse, warrant or guarantee the products or services of any seller or distributor. SCS Communications, LLC is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information. SCS Communications, LLC is not liable for any acts or omission of acts of any seller or distributor on the Websites. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity, and quality of any information relating to the Services. Any information on the Websites can change without notice.
TRANSACTIONS You may post content or view content posted by others on the Websites. SCS Communications, LLC does not undertake any obligation to monitor such content. You may act as a buyer and correspond with, participate in promotions by, and conduct transactions with the Users. SCS Communications, LLC is not a party to the transactions between you and the Users of the Websites. The Agreement, and any terms of service established by third parties, govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. SCS Communications, LLC assumes no liability, obligation or responsibility in connection with any transactions between you and the Users of the Websites. If you have a dispute with the Users or any third party, you release SCS Communications, LLC (and its agents and employees) and its service providers from 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 dispute.
THIRD PARTY LINKS SCS Communications, LLC may provide links to external websites of parts distributors for your convenience and reference only. SCS Communications, LLC does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against SCS Communications, LLC or its service providers arising out of your use of external websites or resources. SCS Communications, LLC makes no guarantee for the accuracy of data or pricing returned from distributor’s websites. This data may change with no notice to SCS Communications, LLC or end users. The ability to access specific data from any Parts Distributors could be unavailable at times. SCS Communications, LLC works continuously with participating Parts Distributors to ensure maximum uptime but in no way guarantee accessibility. Service Company Solutions uses various technologies to communicate with Parts Distributors. These technologies can return varied results that the Websites have no control over. We will make every effort to correct any communication issue, however, we make no guarantee when that communication will be restored if ever.
MEMBER REGISTRATION You must register as a Member with SCS Communications, LLC to access certain functions of the Websites. You must provide certain current, complete, and accurate information about yourself (the “Registration Data”) when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. SCS Communications, LLC and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify SCS Communications, LLC immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service.
ACCOUNT TERMINATION POLICY User may cancel service at anytime. You acknowledge and agree that SCS Communications, LLC, may terminate your access to the Websites at the sole discretion of SCS Communications, LLC at any time.
OWNERSHIP All of the materials included on the Websites, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the “Content”), are the property of SCS Communications, LLC and other parties. U.S. and international copyright and trademark law protects all Content available on the Websites. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Websites for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
USER SUBMISSION CONTENT As a SCS Communications, LLC account holder you may submit pictorial content (“User Photos”) and textual content (“User Comments”), database content such as but not limited to Inventory data, Service Job resolutions, Customer Data, Customer Complaints. User Photos, User Comments, database content such as but not limited to Inventory data, Service Job resolutions, Customer Data, Customer Complaints are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, SCS Communications, LLC does not guarantee any confidentiality with respect to any User Submissions.
If you do post content or submit material, you grant SCS Communications, LLC a nonexclusive, royalty-free, perpetual, irrevocable, fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, creative derivative works from, distribute and display such content throughout the world of any media. You grant SCS Communications, LLC and sub-licensees the right to use the name you submit in connection with such content, if they choose. You affirm, represent and/or warrant that: you own or have the necessary licenses, rights, consents, or control all of the rights to the content that you post, and grant permission to use and authorize SCS Communications, LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service. You further affirm, represent and/or warrant that the content is accurate; that use of the content you supply does not violate this term of use, and will not cause injury to any person or entity; and that you will indemnify SCS Communications, LLC for all claims resulting from content that you supply. SCS Communications, LLC has the right but not the obligation to monitor and edit or remove any activity or content. SCS Communications, LLC takes no responsibility and assumes no liability for any content posted by you or any third party. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You hereby grant to SCS Communications, LLC, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to SCS Communications, LLC and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with Service Company Solution, LLC’s current content submission guidelines. SCS Communications, LLC shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Websites at any time in its sole discretion. SCS Communications, LLC has no obligation to monitor Member Content submitted by you or others in connection with the Websites. As the sole consideration for the license and rights granted to SCS Communications, LLC under the Agreement, SCS Communications, LLC will consider posting Member Content on the Website. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to SCS Communications, LLC, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by SCS Communications, LLC to others. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SCS Communications, LLC all of the license rights granted herein. SCS Communications, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SCS Communications, LLC expressly disclaims any and all liability in connection with User Submissions. SCS Communications, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and SCS Communications, LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. SCS Communications, LLC reserves the right to remove Content and User Submissions without prior notice.
You agree not to post personal information of your customers, including but not limited your customer names, addresses, email addresses, telephone numbers and credit or debit card information. You agree that you are responsible for the personal information of your customers. If you disclose your customer’s personal information, you will be responsible for that unauthorized disclosure. If, however, SCS Communications, LLC and you are found to be joint data controllers of a customer’s personal information, and if a claim in any form is filed against Service Company Solutions LLC, or SCS Communications, LLC otherwise incurs expenses as a result of the personal information having been posted by you, you agree to indemnify SCS Communications, LLC for the expenses it occurs in connection with the posting of your customer’s personal information.
INTELLECTUAL PROPERTY Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within these Sites are the trademarks, service marks, trade names, copyrights, patents or other property of SCS Communications, LLC (herein after SCS Communications, LLC Intellectual Property). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any SCS Communications, LLC Intellectual Property displayed on the Sites without the written permission of SCS Communications, LLC.
COPYRIGHT All content included on these websites, including text, graphics, logos, buttons, icons, and images, are the property of SCS Communications, LLC, its licensors or its content suppliers, and are protected by U.S. and international copyright and trademark laws. The compilations of all content on the websites are the exclusive property of SCS Communications, LLC and are protected by U.S. and international copyright laws. All software used on the sites is the property of SCS Communications, LLC or its suppliers and is protected by U.S. and international copyright laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of the websites, or use the websites for any other purpose.
TRADEMARKS All trademarks, service-marks, and trade names appearing on the site are the property of SCS Communications, LLC or their respective owners that have granted SCS Communications, LLC the right to use such marks.
ACCEPTABLE USE OF THE WEBSITE Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service: Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures. You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that SCS Communications, LLC does not endorse the actions, the contents of communications, or the products of the Users. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service. You must complete all transactions you agree to complete in connection with the Service. In your capacity as a seller, if applicable, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries.
PROHIBITED CONDUCT You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Websites, any account, or any communication or transaction being conducted on our Websites; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except SCS Communications, LLC) any information you obtain about or from other users of the Service, or you obtain from Service Company Solutions if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (g) send any unsolicited e-mail or advertising to any known user, (h) use the Services for any use other than personal, noncommercial purposes unless specifically approved in writing by SCS Communications, LLC, in its sole discretion (i) reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the SCS Communications, LLC software, whether in whole or in part, or (j) incorporate any portion of the SCS Communications, LLC software or data into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license the SCS Communications, LLC software in whole or in part.
DISCLAIMER OF WARRANTIES you expressly agree that use of the service is at your own risk. SCS Communications, LLC provides the service on an “as is” basis. SCS Communications, LLC and its service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. SCS Communications, LLC and its service providers make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor do SCS Communications, LLC or its service providers make any warranty as to the results that may be obtained from the use of the service, as to confidentiality or privacy of any of user’s information registration data, or as to the accuracy or reliability of any information obtained through the service. Any material or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. SCS Communications, LLC and its service providers make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service and are not responsible for any use of confidential or private information by merchants or other users. No advice or information, whether oral or written, obtained by you from SCS Communications, LLC or through the service, shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. While SCS Communications, LLC takes reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall SCS Communications, LLC be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your information or registration data, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether SCS Communications, LLC was given actual or constructive notice that damages were possible.
SCS Communications, LLC does not warrant that the SCS Communications, LLC services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the SCS Communications, LLC services, SCS Communications, LLC’s servers or electronic communications sent from SCS Communications, LLC are free of viruses or other harmful components. To the full extent permissible by law, SCS Communications, LLC will not be liable for any damages of any kind arising from the use of any SCS Communications, LLC service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any SCS Communications, LLC service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
LIMITATION OF LIABILITY to the extent not prohibited by law, in no event shall SCS Communications, LLC be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the service or any third party service in conjunction with SCS Communications, LLC’s service, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if SCS Communications, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequences damages, so this limitation may not apply to you. In no event shall Service Company Solution, LLC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount equal to the amount of one month’s membership fee. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
INDEMNIFICATION You agree to indemnify and hold SCS Communications, LLC, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. SCS Communications, LLC and its Service providers assume no responsibility whatsoever for such content or actions.
RELEASE you hereby release, remise and forever discharge SCS Communications, LLC and its service providers and each of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the service.
TERMINATION If you breach any provision of this Agreement, you may no longer use the Service. SCS Communications, LLC may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If SCS Communications, LLC terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, SCS Communications, LLC may remove from the Websites and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
GENERAL The Agreement comprises the entire agreement between you and SCS Communications, LLC and supersedes all prior agreements regarding the subject matter contained herein. SCS Communications, LLC may amend the terms and conditions of this Agreement (the “amended terms”) from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SCS Communitions, LLC’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCS Communications, LLC in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.