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.
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.
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.
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. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights of others.
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.
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:
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.
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.
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.
Schedule 1. Terms and Conditions
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .
9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
(B) In relation to the transport of a Product or Products to an address: