These Terms were last updated on May 14, 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.