Terms of Use

TERMS OF USE AGREEMENT:
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/10/2019.

ACCEPTANCE OF TERMS:
To use the SCAL MOBILE Site and SCAL MOBILE Services, you must abide by these Terms of Use as well as any other written agreement(s) between SCAL MOBILE, LLC and you.SCAL MOBILE, LLC reserves the right to change these Terms of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms of Use. Your continued use of the Site and SCAL MOBILE Services, as defined in these Terms of Use, after any such modifications will constitute acknowledgment and acceptance of the modified Terms of Use.

BY USING THE SITE AND SCAL MOBILE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE AND DISCONTINUE USE OF THE SITE AND SCAL MOBILE SERVICES. YOUR SOLE REMEDY AGAINST SCAL MOBILE, LLC AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FOR DISSATISFACTION WITH THE SITE, SCAL MOBILE SERVICES, PRODUCTS OR OFFERINGS AVAILABLE ON THE SITE, OR THESE TERMS OF USE, IS TO CEASE USING THE SITE, SCAL MOBILE SERVICES, AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS WITH WHICH YOU ARE DISSATISFIED. THESE TERMS ARE EFFECTIVE AND BINDING UPON YOU ONCE YOU USE THE SITE OR ANY SCAL MOBILE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION Q.
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I. SCAL MOBILE Terms of Use:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY SCAL MOBILE, LLC ("SCAL MOBILE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT https://SCALMOBILE.com (THE "SITE") AND ALL SERVICES PROVIDED BY SCAL MOBILE, LLC ON THE SITE.

SCAL MOBILE and/or its affiliates provide website features and other products and services to you when you visit or shop at https://SCALMOBILE.com, use SCAL MOBILE products or services, use SCAL MOBILE applications for mobile, or use software provided by SCAL MOBILE in connection with any of the foregoing (collectively, SCAL MOBILE Services). SCAL MOBILE provides the SCAL MOBILE Services subject to the following terms and conditions.

By using the SCAL MOBILE Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of SCAL MOBILE Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site. By using SCAL MOBILE Services and/or the Site, you agree to these conditions and Terms of Use and agree to be bound by this Agreement.

A. The Site Is a Venue
You agree that the Site is a venue. As such, SCAL MOBILE is not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site. You use the Site and any other SCAL MOBILE Services at your own risk.

The Site is a venue to allow users who comply with SCAL MOBILE's policies to offer, sell and buy certain electronic goods within a fixed-price format. SCAL MOBILE is not directly involved in the transaction between buyers and sellers. As a result, SCAL MOBILE has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. SCAL MOBILE does not pre-screen users or the content or information provided by users. SCAL MOBILE cannot ensure that a buyer or seller will actually complete a transaction. SCAL MOBILE holds no right, title, or interest in any products or items listed on the Site and does not transfer legal ownership of items from the seller to the buyer.

SCAL MOBILE does not verify and cannot guarantee the true identity, age, and nationality of a user. Moreover, SCAL MOBILE does not endorse or investigate each individual using SCAL MOBILE, and, therefore, cannot guarantee the truth or accuracy of any information published by a user. SCAL MOBILE is not responsible or liable for any data, advertising, interaction, products, goods or services available or unavailable from, or through, SCAL MOBILE.  SCAL MOBILE encourages each user to exercise caution and to communicate directly with potential transaction partners through the tools available on the Site.

B. Membership Eligibility
‍1. Age
a. SCAL MOBILE Services are available only to, and may only be used by, individuals who are 18 years or older who can form legally binding contracts under applicable law. By using the Site or any SCAL MOBILE Services, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SCAL MOBILE may, in its sole discretion, refuse to offer access to or use of the Site or any SCAL MOBILE Services to any person or entity. Moreover, SCAL MOBILE may change its user eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
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b. Individuals under the age of 18 must at all times use the Site or any other SCAL MOBILE Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
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C. Compliance. You agree to abide by SCAL MOBILE's policies as stated in this Agreement and the SCAL MOBILE policy documents listed below (if applicable to your activities on or use of the Site), as well as all other operating rules, policies and procedures that may be published from time to time on the Site by SCAL MOBILE, each of which is incorporated herein by reference and each of which may be updated by SCAL MOBILE from time to time without notice to you.
1. Compliance with Local Laws. You agree to comply with all local laws regarding online conduct and acceptable content.
2. Compliance with Tax Laws. You are responsible for all applicable taxes.
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D. Password.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SCAL MOBILE of any unauthorized use of your password or any breach of security. You also agree that SCAL MOBILE cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information to any other party other than SCAL MOBILE without SCAL MOBILE's express written permission.

E. Account Information.
‍You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site, you must provide and maintain valid payment information such as a valid PayPal account.

F. Account Transfer.
‍You may not transfer or sell your SCAL MOBILE account and User ID to any other party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

G. Right to Refuse Service.
‍SCAL MOBILE may refuse service to or for any user, for any reason, at any time. SCAL MOBILE reserves the right, in SCAL MOBILE's sole discretion, to temporarily or indefinitely suspended users of the Site or other SCAL MOBILE Services. SCAL MOBILE reserves the right, in SCAL MOBILE's sole discretion, to cancel unconfirmed or inactive accounts.

H. Privacy Policy.
Please review our Privacy Policy at https://SCALMOBILE.com/privacy, which governs your use of SCAL MOBILE Services, to understand our practices.

I. Fees Policy. Joining and creating a listing on the Site is free. SCAL MOBILE may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged. SCAL MOBILE's Fees Policy (available online at https://SCALMOBILE.com/policies), which is subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for SCAL MOBILE's services are effective upon being published on the Site. However, SCAL MOBILE may choose to temporarily change the Fees Policy and the fees for SCAL MOBILE's services for promotional events (e.g., free listing days). Such changes are effective when SCAL MOBILE posts the temporary promotional event on the Site. SCAL MOBILE may, at SCAL MOBILE's sole discretion, change some or all of SCAL MOBILE's services at any time. In the event SCAL MOBILE introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using the Site or any other SCAL MOBILE Services. All SCAL MOBILE monthly fees are final with no refunds for all approved members.

J. Marketplace Operation.
In addition to these Terms of Use, you agree to the procedures and guidelines contained SCAL MOBILE's Market Policies (available online at https://SCALMOBILE.com/policies),which are incorporated by reference into and made part of, these Terms of Use. Like these Terms of Use, SCAL MOBILE may change SCAL MOBILE's Market Policies without notice to you, and any such changes will be effective immediately upon posting, regardless of whether or not you received notice of such change(s). You should refer regularly to SCAL MOBILE's Market Policies to understand the current procedures and guidelines. In the event there is a conflict between these Terms of Use and SCAL MOBILE's Market Policies, SCAL MOBILE's Market Policies shall supersede the Terms of Use and control use of the Site and the Marketplace.

1. Product Listings. By listing an item on the Site, you warrant that you and all aspects of the item comply with SCAL MOBILE's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. You are responsible for ensuring accuracy of all product listings, including but not limited to, pricing, model numbers, descriptions, images, available quantities, and item condition. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. You are responsible for setting the listing price of each item to include shipping costs in accordance with SCAL MOBILE's Sale Fulfillment policies. SCAL MOBILE may add a fee to any listing price for selling services. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. SCAL MOBILE may reject and remove from the Site any text descriptions, graphics, pictures and other content posted by any user of the Site or other SCAL MOBILE Services at its discretion.

2. Rejection or Removal of Listings. SCAL MOBILE may, in its sole discretion and determination, reject or remove product listings without notice to the Seller.

3. No Endorsement by SCAL MOBILE. SCAL MOBILE neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. SCAL MOBILE and its agents reserve the right to remove any and all postings or listings that SCAL MOBILE determines, in its sole discretion, do not comply with these Terms of Use and any other rules of user conduct for the Site, or are otherwise harmful, objectionable or inaccurate. You expressly understand and agree that SCAL MOBILE is not responsible for any delay in removing such postings.

4. Return Policies. All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with SCAL MOBILE's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. SCAL MOBILE reserves the right to request that a seller modify a listing return policy.

5. Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. A sale may be voided under circumstances defined in SCAL MOBILE's Market Policies relating to Sale Voidance.

6. Transaction Payments. Marketplace payments are to be made directly by the Buyer to the Seller in accordance with SCAL MOBILE’s site-wide policies. Payment may be made via PayPal or another third-party payment provider as mutually agreed upon by the Buyer and Seller. Buyer may, by agreement with the Seller, elect to make payment by cash, check or other payment method accepted by Seller for sales completed in person. Seller is solely responsible for ensuring proper payment is received from Buyer, including any necessary taxes and shipping expenses, before fulfilling the sale. SCAL MOBILE shall not be liable for any consequential, incidental, special, punitive or indirect damages incurred by Buyer or Seller for insufficient payments or Seller's failure to ensure that proper payment was received from Buyer. SCAL MOBILE collects its sale fee for providing the services of the Site; however, it is otherwise is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner other than its sale fee, should it choose to refund in its sole discretion.

7. Buyer and Seller Communication. Seller is responsible for providing support for any sale-related issues beyond functionality of the Site or the SCAL MOBILE Marketplace. As a condition of using the Site and the SCAL MOBILE Marketplace, Sellers agree to use his/her/its best efforts to offer support and assistance in the resolution of Buyers' concerns and disputes.Communication between Buyer and Seller shall be conducted as outlined in SCAL MOBILE's Market Policies relating to Buyer and Seller Communication.

8. Sale Fulfillment. The Seller is obligated to fulfill the order or otherwise complete the transaction with the Buyer in a prompt manner in accordance with SCAL MOBILE's Market Policies relating to Sale Fulfillment.

K. Third-Party Sites and Information.
‍The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While SCAL MOBILE makes every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand and agree that SCAL MOBILE is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is SCAL MOBILE responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by SCAL MOBILE, or any warranty of any kind, either express or implied.

l. Prohibited, Questionable and Infringing Items and Activities.
You are solely responsible for your conduct and activities on the Site and/or conduct or activities relating to or regarding any SCAL MOBILE Services. You are also solely responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.

M. Restricted Activities. Your Content and your use of the Site or any other SCAL MOBILE Services shall not:
1. Be false, inaccurate or misleading;
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also SCAL MOBILE's Copyright and Intellectual Property Policy);
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (ÒCPSCÓ) as hazardous to consumers and therefore subject to a recall;
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SCAL MOBILE staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
7. Be obscene or contain child pornography;
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
9. Host images not part of a listing;
10. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with SCAL MOBILE;
11. Appear to create liability for SCAL MOBILE or cause SCAL MOBILE to lose (in whole or in part) the services of SCAL MOBILE's ISPs or other suppliers;
12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on SCAL MOBILE. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using SCAL MOBILE Services) that, by paying to SCAL MOBILE the listing fee or the final value fee, could cause SCAL MOBILE to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

N. Content
1. User's Grant of License In Favor of SCAL MOBILE. SCAL MOBILE does not claim ownership rights in your Content. You grant SCAL MOBILE a license to use any information or Content you supply, but you agree that SCAL MOBILE is not violating any rights you might have in any information or Content you supply to SCAL MOBILE. You grant SCAL MOBILE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow SCAL MOBILE to store or re-format your Content on the Site and display your Content on the Site in any way SCAL MOBILE chooses. SCAL MOBILE will only use personal information in accordance with SCAL MOBILE's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another SCAL MOBILE user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for SCAL MOBILE-related communications. SCAL MOBILE has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any SCAL MOBILE user to your email or physical mail list. For more information, see SCAL MOBILE's Privacy Policy.

2. SCAL MOBILE's Grant of License in Favor of User. Subject to your compliance with the Terms and Conditions, this Agreement, and your payment of any applicable fees, SCAL MOBILE or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of any SCAL MOBILE Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SCAL MOBILE Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by SCAL MOBILE or its licensors, suppliers, publishers, rightsholders, or other content providers. No SCAL MOBILE Service, nor any part of any SCAL MOBILE Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SCAL MOBILE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SCAL MOBILE without express written consent. You may not use any meta tags or any other "hidden text" utilizing SCAL MOBILE's name or trademarks without the express written consent of SCAL MOBILE. You may not misuse the Site or any SCAL MOBILE Services. You may use the Site and any other SCAL MOBILE Services only as permitted by law. The licenses granted by SCAL MOBILE terminate if you do not comply with this Agreement.

3. Re-Posting Content. By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to indemnify, defend, and hold SCAL MOBILE harmless for any dispute concerning this use. If you choose to display your own SCAL MOBILE-hosted image on another website, the image must provide a link back to its listing page on SCAL MOBILE.

4. Idea Submissions. SCAL MOBILE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and SCAL MOBILE shall not be liable for the disclosure or use of such Material. If, at SCAL MOBILE's request, any member sends Material to improve the site (for example through the Forums or to customer support), SCAL MOBILE will also consider that Material to be non-confidential and non-proprietary, and SCAL MOBILE will not be liable for use or disclosure of the Material. Any communication by you to SCAL MOBILE is subject to this Agreement. You agree to grant, and hereby do grant, to SCAL MOBILE, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

O. Information Control
1. No Control of Content by SCAL MOBILE. SCAL MOBILE does not control the Content provided by users that is made available on SCAL MOBILE. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Site or any SCAL MOBILE Service, you assume all risk.
2. International Transactions. There may be risks dealing with international trade and foreign nationals. By using the Site or any SCAL MOBILE Service, you agree to accept such risks and you expressly agree that SCAL MOBILE (and SCAL MOBILE's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
3. Other Resources. SCAL MOBILE is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SCAL MOBILE does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SCAL MOBILE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

P. Resolution of Disputes and Release
‍1. Disputes with SCAL MOBILE. In the event a dispute arises between you and SCAL MOBILE, please contact SCAL MOBILE. Any dispute arising from or relating to the subject matter of this Agreement shall be litigated in the Circuit Court of Platte County, California or in the U.S. Distrct Court for the Western District of California. The Site (excluding any third-party sites) is controlled by SCAL MOBILE from its offices in California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Platte County, California or the U.S. District Court for the Western District of California with respect to any disputes arising from or relating to the subject matter of this Agreement and these Terms of Use. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and SCAL MOBILE agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. Disputes with Users or Third Parties. In the event a dispute arises between you and another user or a third party, SCAL MOBILE has no obligation to resolve or to attempt to resolve such dispute. You release SCAL MOBILE and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and another user or a third party. SCAL MOBILE encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. SCAL MOBILE may, for the benefit of users, try to help users resolve disputes. However, SCAL MOBILE does so in its sole discretion, and SCAL MOBILE has no obligation to resolve disputes between users or between users and outside parties. To the extent SCAL MOBILE attempts to resolve a dispute, SCAL MOBILE will do so in good faith based solely on SCAL MOBILE's policies. SCAL MOBILE will not make judgments regarding legal issues or claims.

Q. Assumption of Risk
‍1. You acknowledge and agree that there are risks associated with utilizing an internet-based marketplace and interacting with other users in person. SCAL MOBILE does not investigate or verify any user’s reputation, conduct, morality, criminal background, or any information users may submit to the services. You are solely responsible for taking all necessary precautions when interacting with other users, particularly when meeting a stranger in person for the first time. It is possible that other users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. You are solely responsible for, and assume all risks related to, selling and buying through SCAL MOBILE’s Services (including all online and offline interactions with other users).
2. Meeting Locations. Meeting locations, sometimes referred to as swap spots, are suggested locations, such as a police department or a local store, which are generally open and available to the public. SCAL MOBILE does not independently verify the conditions at any such location, does not monitor meeting locations and does not warranty their safety or condition. You are solely responsible for your use of a community meeting areas, and any dispute arising out of that usage, including against any suggested community meeting location.

R. SCAL MOBILE's Intellectual Property
SCAL MOBILE, and other SCAL MOBILE graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SCAL MOBILE, LLC in the U.S. and/or other countries. SCAL MOBILE's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

S. Access and Interference
SCAL MOBILE may contain robot exclusion headers that contain internal rules for software usage. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to SCAL MOBILE by SCAL MOBILE's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, except to the extent expressly permitted by and in compliance with SCAL MOBILE's API Terms of Use or otherwise without SCAL MOBILE's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in SCAL MOBILE's sole discretion, an unreasonable or disproportionately large load on SCAL MOBILE's infrastructure;
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site except to the extent expressly permitted by and in compliance with SCAL MOBILE's API Terms of Use or otherwise without the prior express written permission of SCAL MOBILE and the appropriate third party, as applicable;
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or 4. Bypass SCAL MOBILE's robot exclusion headers or other measures SCAL MOBILE may use to prevent or restrict access to the Site T. BreachWithout limiting any other remedies, SCAL MOBILE may, without notice, and without refunding any fees, delay or immediately remove Content, warn SCAL MOBILE's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: 1. SCAL MOBILE suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; 2. SCAL MOBILE is unable to verify or authenticate any of your personal information or Content;  or 3. SCAL MOBILE believes that a user is acting inconsistently with the letter or spirit of SCAL MOBILE's policies, has engaged in improper or fraudulent activity on the Site or in connection with SCAL MOBILE or the actions may cause legal liability or financial loss to SCAL MOBILE's users or to SCAL MOBILE. U. PrivacyExcept as provided in SCAL MOBILE's Privacy Policy, SCAL MOBILE will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. SCAL MOBILE stores and processes Content on computers located in the United States that are protected by physical as well as technological security. V. DISCLAIMER OF WARRANTIESSCAL MOBILE, SCAL MOBILE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SCAL MOBILE'S SUPPLIERS PROVIDE THE SITE AND SCAL MOBILE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SCAL MOBILE, SCAL MOBILE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SCAL MOBILE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, SCAL MOBILE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THROUGH SCAL MOBILE SERVICES ARE PROVIDED BY SCAL MOBILE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCAL MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY SCAL MOBILE SERVICES, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER SCAL MOBILE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SCAL MOBILE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCAL MOBILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCAL MOBILE DOES NOT WARRANT THAT THE SITE OR SCAL MOBILE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, SCAL MOBILE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SCAL MOBILE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCAL MOBILE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SCAL MOBILE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. FURTHER, SCAL MOBILE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT ON THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SCAL MOBILE SHALL CREATE ANY WARRANTY.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE CONSULT THE LAW IN YOUR JURISDICTION. W. LIMITATION OF LIABILITYIN NO EVENT SHALL SCAL MOBILE AND/OR (AS APPLICABLE) SCAL MOBILE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SCAL MOBILE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SCAL MOBILE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SCAL MOBILE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SCAL MOBILE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SCAL MOBILE IN THE 12 MONTHS PRIOR TO THE ACTION OR EVENT GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. X. INDEMNITYYOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCAL MOBILE AND (AS APPLICABLE) SCAL MOBILE'S PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SITE OR ANY SCAL MOBILE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. SCAL MOBILE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH SCAL MOBILE IN ASSERTING ANY AVAILABLE DEFENSES. Y. No GuaranteeSCAL MOBILE does not guarantee continuous, uninterrupted access to the Site. Operation of the Site may be interfered with by numerous factors outside SCAL MOBILE's control. You understand and agree that temporary interruptions of the site may occur as normal events that are out of SCAL MOBILE's control. You also understand and agree that SCAL MOBILE has no control over the third-party networks or service(s) that SCAL MOBILE may use to provide the Site and/or SCAL MOBILE Services to you. You agree that the Site and any SCAL MOBILE Services are provided ÒAS ISÓ and that SCAL MOBILE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Z. Legal Compliance; TaxesYour use of the Site and any SCAL MOBILE Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any SCAL MOBILE Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on SCAL MOBILE's net income). AA. Confidentiality1. Content and Communications With SCAL MOBILE Treated as Non-Confidential. All information and communications sent by you to SCAL MOBILE will be treated as non-confidential and non-proprietary (subject to SCAL MOBILE's privacy policy). Please do not submit confidential or proprietary information to SCAL MOBILE (including patentable ideas, new content suggestions or business proposals) unless you and SCAL MOBILE have mutually agreed in writing otherwise. Idea and information that SCAL MOBILE receives unsolicited will be treated as property owned by SCAL MOBILE and will not be returned to you. 2. Compliance With Law Enforcement and Other Investigative Agencies. SCAL MOBILE does not routinely inspect or disclose any information or communications received from users. However, SCAL MOBILE makes every effort to comply with law enforcement officials or other investigative agencies to prevent crime and/or the sale of stolen goods or products on the Site. SCAL MOBILE reserves the right to inspect or disclose to any third party and for any reason whatsoever any information provided by you to SCAL MOBILE, including but not limited to, compliance with the Electronic Communications Privacy Act, 18 U.S.C. ¤ 2510, et seq. or as otherwise required by law or by court or governmental order. BB. SeverabilityIf any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. CC. No AgencyYou and SCAL MOBILE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. DD. Modification or Termination of SCAL MOBILE ServicesSCAL MOBILE reserves the right to modify or terminate any SCAL MOBILE Service for any reason, without notice to you, at any time. SCAL MOBILE reserves the right to alter these Terms of Use or other Site policies at any time without notice to you, so please review the policies frequently. If SCAL MOBILE makes a material change to this Agreement or to its Terms of Service, SCAL MOBILE will attempt to notify you here, by email, by means of a notice on SCAL MOBILE's home page, or other place(s) SCAL MOBILE deems appropriate. What constitutes a "material change" will be determined at SCAL MOBILE's sole discretion, in good faith, and using common sense and reasonable judgment. EE. Choice of LawThis Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America. FF. Notices1. Notice to SCAL MOBILE. Except as explicitly stated otherwise, any notices shall be given by postal mail to SCAL MOBILE, LLC; Attn: Legal Department; 2323 Main Street, Irvine, CA 92614. Notice shall be deemed given upon receipt by SCAL MOBILE. 2. Notice to User(s). Except as explicitly stated otherwise, any notices shall be given by SCAL MOBILE to you at the email address you provide to SCAL MOBILE either during the registration process or when your email address changes. Notice shall be deemed given 24 hours after the email is sent. Alternatively, SCAL MOBILE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SCAL MOBILE. In such case, notice shall be deemed given three days after the date of mailing. GG. DisclosuresThe services hereunder are offered by SCAL MOBILE, LLC, 2323 Main Street, Irvine, CA 92614. HH. Entire AgreementThis Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings, Terms of Service, and the like respecting the subject matter hereof.