to Scooter Mercato.Scooter Mercato and
its affiliates offer website features to you subject to the terms and
conditions contained in this User Agreement.This User Agreement is a binding legal contract between you and us.Please read this User Agreement; by using
this website you accept these terms as well as any additional terms or
conditions presented to you during the course of your use of our service.If you do not agree with any of the terms of
this User Agreement, you must not use this website.We reserve the right to change the terms of
this User Agreement from time to time at our sole discretion.
continuing to use our website after we post such changes, you accept this User
Agreement, as modified.If you do not agree
to abide by these or any future terms of this User Agreement, do not use or
access our website.We reserve the right
to deny access to this website, or any service provided via this website, to
anyone who violates this User Agreement or who, in our judgment, interferes
with the ability of others to enjoy this website, or infringes the rights of
you to send in your questions or comments about this website, or to bring to
our attention any material you believe to be inaccurate.Please send such comments, including a copy
of any material you wish to discuss to:
450 S. Cemetery St.
an email to sales@ScooterMercato.com
1.Ownership.This site, and each of its modules, is the
property of MLS Wholesale, Inc. and its affiliates (“Owner”) and/or any third
2.Privacy.We respect the privacy of the users of our
website.Please take a moment to review
policy are acceptable and reasonable.
and Responsibility.If you use this
site, you represent that you are of sufficient legal age to use this site, and
able to create a binding legal obligation for any liability you may incur when
using this site.You also agree to and
will abide by all of the terms and conditions of this User Agreement.
Property Rights.(a) Grant of Limited
License.Although this website is freely
accessible, we don’t intend to give up our rights, or anyone else’s rights, to
the materials appearing on the service.The materials available through this website are the property of Owner
and our affiliates, licensors or suppliers, and are protected by copyright,
trademark and other intellectual property laws.You are free to display and print for your personal, non-commercial use
information you receive through this website.Unless indicated otherwise, nothing contained in this User Agreement
shall be construed as granting any license to intellectual property
rights.Owner reserves the right to
revoke this limited license at any time without notice and with or without
You may not otherwise reproduce any of the materials
without the prior written consent of the Owner.You may not distribute copies of materials found on this website in any
form (including by email or other electronic means) without prior written
permission from the Owner.
Scooter Mercato graphics, logos, page headers, scripts, and service names are
trademarks or trade dress of Owner.All
other trademarks not owned by Owner that appear on this site are the property
of their respective owners.You may not
use any trademark or service mark appearing on this website without the prior
written consent of the owner of the mark.
and Pricing.All Scooter Mercato
products sold through this site are subject to our Standard Terms &
Conditions of Product Sale unless otherwise specified.Product prices, configurations and
availability are subject to change at any time.Scooter Mercato reserves the right to refuse or cancel any order at any
time prior to shipping for any reason, including but not limited to a pricing
error.All prices are quoted in U.S.
on Our Liability.UNDER NO CIRCUMSTANCES
SHALL OWNER, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF
USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING,
WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
OR SIMILAR DAMAGES, EVEN IF OWNER IS ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES.(BECAUSE CERTAIN STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATGORIES OF DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO US.IN SUCH STATES, OWNER’S LIABILIITY AND THE LIABILITY OF OWNER’S
AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
SUCH STATE LAW.)YOU AGREE THAT OWNER’S
LIABILITY AND THE LIABILITY OF OWNER’S AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF
ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED
THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
THIS SITEANDALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITEARE PROVIDED BY OWNER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING.OWNER
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN
WRITING.YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
Owner assures no responsibility
and will not be liable for any damages to or viruses that may affect your
computer equipment or other property on account of your access to, use of, or
browsing in this site or your downloading of any materials from this site.
of Warranty of Merchantability or Fitness for a Particular Purpose.OWNER MAKES NO REPRESENTATION ABOUT THE
SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.THE ONLY WARRANTIES MADE FOR THE PRODUCTS
OFFERED ON THIS WEBSITE ARE THOSE SET FORTH IN EACH MANUFACTURER’S PRODUCT OR
PROMOTIONAL LITERATURE, IF ANY.THOSE
WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
Owner’s liability for breach of warranty shall be limited
to the replacement cost of goods at the point of delivery.Under no circumstances shall Owner be liable
for your costs, lost profits, good will or other special, consequential or
incidental damages of any nature whatsoever.
8.Indemnification.You agree to defend and indemnify Owner and
any third party providers and distributors and their offers, directors
employees and agents from and against any claim, cause of action or demand,
including without limitation reasonable legal and accounting fees, brought by
or on your behalf in excess of the liability described herein or by third
parties as a result of your use of this site (including without limitation any
violation by you of this User Agreement).
9.Endorsements:This site contains links to other
websites.We are not responsible for,
and cannot guarantee the quality, safety or performance of, goods and services
provided by our suppliers or advertisers or by others who advertise on sites
that we link to.A business listing on
our site does not constitute our endorsement of the business featured in the
listing or of any product, service or other material offered through such
business.Similarly, a link to another
website does not constitute our endorsement of that site or of any product,
service or other material advertised on or offered through such site.
Many of the products, business listings and other
materials available on this site are posted by third-party advertisers.We do not review every business listing or
posting made in other areas available for public postings, nor do we take steps
to confirm the accuracy of any listings or postings submitted by advertisers or
other third parties.We do not endorse
or guarantee the accuracy of any listing or posting.
Infringement:The Digital Millennium
Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their
rights under U.S. copyright law.If you believe in good faith that materials
hosted in this website infringe your copyright, you (or your agent) may send us
a notice requesting that the material be removed, or access to it blocked.If you believe in good faith that we have
wrongly filed a notice of copyright infringement against you, the DMCA permits
you to send us a counter-notice. Notices
and counter-notices must meet the ten-current statutory requirements imposed by
the DMCA; see 17 U.S.C 512 for details.Notices and counter-notices with respect to the Site should be sent to: MLS
Wholesale, Inc., 450 S. Cemetery St. 107, NorcrossGA30071.We suggest that you consult your legal advisor before filing a notice or
counter-notice.Also, be aware that
there can be penalties for false claims under the DMCA.
Content:We may provide a variety of
services on this website through which you can directly interact with others,
such as email services, reviews and user-submitted advertising, and other
public posting areas (“Posting Services”).We want to encourage an open exchange of information and ideas, but at
the same time we want everyone to be able to enjoy these Posting Services.
We will not, in the ordinary course of business, review
private electronic messages that are not addressed to us.However, we reserve the right to do so and to
use any other forms of information available to us by virtue of your use of our
website (including, for example, reverse IP address inquiry) in order to comply
with the law, to enforce our User Agreement, or to protect the rights, property
or safety of visitors to our website, our customers, the public or Owner and
its employees, agents, partners and affiliates.
We reserve the right to deny access to any Posting Service
to anyone who violates this User Agreement or who, in our judgment, interferes
with the ability of others to enjoy our website or infringes the rights of
others.Accordingly, we reserve the
right (but not the obligation) to, from time to time monitor and review any
information transmitted or received through this site and reserve the right to
censor, edit, remove or prohibit the transmission or receipt of any information
that Owner deems inappropriate or in violation of these terms and
conditions.These terms and conditions
apply to any journals, recommendations, opinions, news articles, directories,
guides, text, photographs, illustrations, graphics, logos, audio clips and
images, information, data, photographs, software, messages, ideas, comments,
questions, or other materials received to Owner from you (collectively
“Submitted Content”).During monitoring,
the Submitted Content may be examined, recorded or copied and your use of this
site constitutes your consent to such monitoring and review.
If you do post content or submit material, and unless we
indicate otherwise, you grant Owner a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media.You grant Owner and sublicenses the right to use the name that you
submit in connection with such content, if they choose.You represent and warrant that you own or
otherwise control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you will
indemnify Owner for all claims resulting from content you supply.Owner has the right but not the obligation to
monitor and edit or remove any activity or content.Owner takes no responsibility and assumes no
liability for any content posted by you or any third party.
Listings and Advertisers: For any businesses who provide Submitted Content, and
for any businesses that advertise with Owner, you agree that you are
responsible for the Submitted Content, and Owner disclaims any responsibility
and assumes no liability with respect to Submitted Content.By providing Submitted Content, you warrant
that: (a) you are the owner of such Submitted Content, or have been granted all
the rights necessary from the owner thereof to provide such Submitted Content
to Owner and for the use by Owner and its affiliates as stated herein, and (b)
the use of such Submitted Content by Owner will not infringe the intellectual
property rights of or otherwise violate the rights of any third party.You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or other proprietary
right or any other harm resulting form your use of the site.
Law:This User Agreement shall be
governed by the State of Georgia, without regard to the principles
of conflict of laws.You agree and
consent to exclusive jurisdiction and venue in any state or federal court
located in Atlanta, Fulton County, Georgia. You agree that all
communications that we provide to you electronically, including this User
Agreement, satisfy any legal requirement that such communication be in writing.
14.Severability.If any term or condition contained in this
User Agreement is deemed invalid, void or for any reason unenforceable, that
term or condition shall be deemed severable and shall not affect the validity
and enforceability of the remainder of this User Agreement.