Terms of service
These Terms were last updated on July 7, 2021.
THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 6 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN USA STRONG’S ADDITIONAL TERMS AND CONDITIONS.
By agreeing to the agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. The Additional Terms also contain a release of certain claims against USA Strong and certain third parties.
If you list any items for sale through our Services, the Seller Terms apply to you. If you use our Services to browse or shop, the Terms of Sale apply to you.
1. Your Account with USA Strong.
Age Requirements: You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Site or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
Accuracy of Information: You agree to provide accurate information about yourself. You will not use false information or impersonate another person or company through your account.
Usernames: In selecting a username, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Agreement.
Account Responsibility: You are responsible for any and all activity on your account. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Agreement on behalf of the business. You agree to keep your password secure and to promptly report any unauthorized use of your account.
2. Your Content.
Content that you post using our Services is your content (“Your Content”). Your Content includes shop names, profile pictures, listing photos, listing descriptions, reviews, comments, and usernames. Except as expressly set forth below, we do not make any claim to any right, title or interest in and to Your Content.
Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that Your Content and your use of Your Content does not infringe, misappropriate or otherwise violate any third party’s rights.
Permission to Use Your Content: By posting Your Content through our Services, you grant USA Strong a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote USA Strong, your USA Strong shop, or the Services in general, in any formats and through any channels, including across any of our Services, our partners, or third-party website or advertising media. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
Reporting Unauthorized Content. USA Strong is committed to following appropriate legal procedures to remove infringing content from the Services.
- If content that you own or have rights to has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to our copyright agent by e-mail with the subject line “DMCA Request” to email@example.com and by U.S. mail to: USA Strong c/o Arnold & Porter LLP, 3 Embarcadero Center, Fl. 10, San Francisco, CA 94111 or Holland & Knight 800 17th street NW. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights of others.
- If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. In addition, we reserve the right to: (a) disclose your identity or other information about you to any third party who claims that any action taken by you with respect to us our Site violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site; and (c) terminate or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of the Agreement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through this Site.
- Notwithstanding these foregoing rights, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of the Agreement. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Agreement. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
3. Your Use of Our Services.
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to the terms of the Agreement and the following restrictions in particular:
- You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against USA Strong, another USA Strong user, or a third party.
- You agree not to transmit, post or share any threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, but not limited to, images and language.
- You agree not to transmit, post or share any information, images or other material which violates or infringes upon the rights of others, including, but not limited to, material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on, or source code, object code, APIs or computer programming included in, our Site, except that: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your browser for display enhancement purposes; and (c) you may take such actions as are enabled or permitted by the specific terms and conditions of any social media features or third-party links that we may provide.
- You agree not to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
- You agree not to frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent.
- You agree not to use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather content from this Site automatically (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such material) or to reverse engineer or attempt to obtain the source code of the Services.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- You agree not to attempt to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization.
- You agree not interfere or attempt to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”.
- You agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or service.
- You agree not to forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting.
4. Intellectual Property; Third Party Services
All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Specifically, the name “USA Strong” and the other USA Strong marks, phrases, logos, and designs that we use in connection with our Services are trademarks, service marks, or trade dress of USA Strong in the US and other countries. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own.
No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any materials contained or distributed in this Site. You shall not remove or destroy any copyright notices or other proprietary markings contained on this Site.
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to us or this Site that you provide to us (collectively, “Feedback”) is considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you, but we are not obligated to use your Feedback in any way. The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information that you may provide to us.
Portions of this Site may allow you to use third party products and services, and this Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor is this Site approved or endorsed by any Third Party Services. We have no responsibility to you for any Third Party Services.
5. Termination or Suspension of Your Account.
You may terminate your account with USA Strong at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination or your obligation to pay any amounts due to USA Strong.
We may terminate or suspend your account (and any accounts USA Strong determines are related to you or your account) and your access to the Services should we have reason to believe you, Your Content, or your use of the Services violate these Terms. In the event of such termination, your rights to continue to use our Services terminates immediately, including the right to sell or buy on our websites or mobile apps.
USA Strong reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
If you or USA Strong terminate your account, you may lose any information associated with your account, including Your Content. The terms of the Agreement apply to any rights or obligations of either party for so long as you are accessing and using the Services and continue for any claims arising out such access or use.
6. Warranties and Limitation of Liability.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. USA Strong is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals online. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.
WARRANTIES. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DISCLAIM ALL EQUITABLE INDEMNITIES. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER USA STRONG, NOR OUR LICENSORS OR OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO EVENT SHALL THE USA STRONG PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Additional Terms and Conditions.