In the spirit of the internet, we want to provide as much freedom as possible for the ScoutPal buyers and sellers to make their own bargains with each other. We cannot be responsible for the truth of any representations or for bargains being kept…all ScoutPals will be on their own. We are not an agent of any ScoutPal, or a broker for any transaction. ScoutPal does not acquire legal title or ownership to any of the merchandise being bought or sold in any transaction. We cannot assure that transactions will be carried out to completion. We will only provide a place for ScoutPals to get together. We do not get involved in transactions between buyers and sellers. We do not police or enforce transactions. Please use caution and common sense in your dealings. By using this site, you are assuming the risks that may arise from its use, and agree to hold ScannerPal, Inc (d/b/a ScoutPal) harmless from any and all losses arising from your use of the site.
 

Rules

There are some basic rules for the protection of the Network:

1. The ScoutPal terms of service from our website apply to the ScoutPal Network.
2. You must be a registered ScoutPal to enter and use the Network.
3. We reserve the right to refuse entry to anyone, even ScoutPals, who we feel are being disruptive to the process. This may come from repeated complaints or from our own observations, and may include questions about unfairness or dishonesty in dealings.
4. Transactions on this site may or may not be taxable between buyers and seller; that is for users of the site to determine. Some of you may need to collect “resale certificates” from your buyers for local tax purposes. We cannot advise you regarding legal or tax matters.
5. ScoutPal may from time to time require additional information from participants concerning their contact information or certain of their transactions. Failure to provide this information may result in being excluded from the site.
6. Participants may not place information on this site that is in the opinion of counsel for ScannerPal, Inc., in violation of copyright, trademark or other laws, or that is defamatory, libelous, unlawfully harassing, obscene, child pornography, or contains any viruses or other content that may be harmful to the operation of the site.
7. Each participant warrants that they are of legal age and capacity to enter into transactions on this site and that when they represent they are acting in a representative capacity for any legal entity that in fact they do have that authority.

Participants agree to comply with all applicable domestic and international laws in the use of this site. Breach of any of these rules may, in the sole discretion of ScoutPal, result in the suspension or revocation of any participant’s ability to have access to the site. In participating on this site, each participant agrees to indemnify and hold ScannerPal, Inc., and its officers, directors and employees harmless from all claims made by any third party arising out of your breach of the terms of service contained herein and on the ScoutPal site at:
http://www.scoutpal.com/sp/tos-review.htm
 

Liability

The liability of ScannerPal, Inc d/b/a ScoutPal, it officers, directors and employees, for damages arising from use of this is limited to a refund of the participant’s fees paid for such use.

Resolution of Disputes

In the event a dispute arises between you and ScannerPal, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ScannerPal agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Binding Arbitration

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or ScannerPal may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Benton County, Oregon or where the defendant is located (in our case Corvallis, Oregon, and in your case your home address or principal place of business). You and ScannerPal agree to submit to the personal jurisdiction of the courts located within Benton County, Oregon.

Alternative Dispute Resolution

Alternatively, ScannerPal will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Benton County, Oregon or another location mutually agreed upon by the parties.
 

Claims

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

Additional Terms

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
ScoutPal Terms of Service: http://www.ScoutPal.com/sp/tos-review.htm

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
 

General

This Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ScannerPal in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

Disclosures

The services hereunder are offered by ScannerPal Inc., P.O. Box 715, Corvallis, Oregon 97339.   If you are an Oregon resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described at http://www.ScoutPal.com/spnw/fees.htm.