User Agreement

Welcome 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. 

By 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 others.

We invite 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:

Scooter Mercato

450 S. Cemetery St.

107

Norcross GA 30071

Or send 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 party providers.

2.                  Privacy.  We respect the privacy of the users of our website.  Please take a moment to review our privacy policy which is incorporated herein to this User Agreement.  You agree that the terms of our privacy policy are acceptable and reasonable.

3.                  Age 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.

4.                  Intellectual 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 cause.

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.

(b) Trademarks.  All 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. 

5.       Products 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. Dollars.

6.       Limitations 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 SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE 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.

7.            Disclaimer 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.

10.        Copyright 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, Norcross GA 30071.  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.

11.        Submitted 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.

12.        Business 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.

13.        Applicable 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.