Terms of Use Agreement

Policy: Terms of Use Agreement

Updated: March 1, 2022

 

These are the terms and conditions that we have to have and for you to know. We are sorry. This is kind of a boring page but our attorneys tell us we need it.

By using www.scalesplus.com, and its related domains, social media channels, mobile application, services, information, web postings, products and tools (collectively, “Website” or “Services”) you, the User, agree to the following terms and principles. This terms of use agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between you, the User and Scales Plus, LLC (“Scale Plus” or “we” or “us” or “our”). These Terms of Use may be updated from time to time, at our sole discretion, without prior notice to the User. This Terms of Use was last updated March 1, 2022.Please read the Terms of Use carefully before you start to use the Website. If you disagree with any part of the terms then you do not have permission to access the Website.

By using the Website you also agree to our Privacy Policy, Credit Account Setup, Shipping Policy, and No Hassle Return Policy, where applicable, the terms of which are incorporated fully herein by reference.

1. Mission

From economy scales to top-of-the-line weighing systems, Scales Plus offers competitive pricing and value. We know scales. The team at Scales Plus possesses years of experience in everything weighing. From our sales team to our technical support staff, we offer a complete solution.

2. User Eligibility

Use of the Website is void where prohibited. Your use of the Website constitutes your representation that (1) all information you submitted during your purchase of a service or product (“Purchase”) made available through the Website is truthful and accurate; (2) that you will update your information when changes occur; (3) that you are at least 18 years of age; and (4) that your use of the Website does not violate any state, federal, or other law which applies in your jurisdiction.

3. Online Purchases

All payments made through the Website or resulting from visits made by you are governed by this Agreement.

If you wish to make a Purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation your debit or credit card number, the expiration date of your credit card, your billing address, and your shipping information (collectively, “PCI”).

SCALES PLUS does not collect PCI from Users. SCALES PLUS USES A THIRD-PARTY HOSTED PAYMENT PAGE AND PCI PROCESSOR. BY SUBMITTING PAYMENT THROUGH THE SCALES PLUS WEBSITE, you CONSENT TO THE PROCESSING OF YOUR PERSONAL AND PCI INFORMATION BY OUR SERVICE PROVIDERS.

You also represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you consent to us providing the information to these third parties subject to our Privacy Policy. 

We reserve the right to refuse or cancel your Purchase at any time for any reason, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons, or if fraud or an unauthorized or illegal transaction is suspected.

4. Product or Services Availability, Errors and Inaccuracies

Scales Plus does not warrant any of the information provided on the Website. We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

5. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from the terms and conditions in this Agreement. Such Promotions are void where prohibited.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the terms of this Agreement, this Agreement applies.

6. Accessing the Website, Services and User Consent

In the course of providing the Services to you, you will be asked to provide certain Purchase details, personal information and payment card information. You agree that all information you provide to this Website, Scales Plus, its service providers, partners, or affiliates, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy (“Consent”).

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason, including but not limited to a breach of the Agreement. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Agreement, which by their nature should survive termination shall survive termination, including without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. User Consent to Share User’s Information with Service Providers

Scales Plus uses third parties to assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential.

Those trusted third-party partners may:

• Provide you and our company, and its affiliated companies with various services
• Help us manage Purchases, and other transactions made through the Services
• Help us process and fulfill orders or requests
• Create an account on such third-party site to provide various services to you

By using this Website, the User consents to Scales Plus sharing the User’s information with its service providers and their service providers.

8. Disclosure in the Event of Merger, Sale, or Other Asset Transfers.

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then the personal information you have provided to us pursuant to this Agreement and subject to our Privacy Policy may be transferred as part of such a transaction, as permitted by law and/or contract. By providing your personal information to us, you consent to such a transfer.

9. User Contributions

The Website or its social media channels may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.

All of your User Contributions do and will comply with these Terms of Use.

10. Content Standards

The following Content Standards apply to any and all User Contributions and use of Interactive Services. You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links which you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. Scales Plus reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of Scales Plus, violates this Agreement or which otherwise may be deemed offensive or rude. Scales Plus does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse to Scales Plus via email at sales@scalesplus.com.

11. Scales Plus Authors and Bloggers

As stated above, Scales Plus does not warrant any of the information provided on the Website. Please use common sense when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.

12. Newsletters, Marketing, Promotional Materials, and Advertisers

By creating an account on the Website, you agree and consent to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

13. Scales Plus Intellectual Property Rights

The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by Scales Plus and are protected by copyright and other intellectual property or proprietary rights laws.

All content posted by Scales Plus is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial or for profit manner without the prior written consent of Scales Plus.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

Scales Plus and related logos are subject to copyright and trademark protections. You must not use such marks without the prior written permission of the Scales Plus.

The Website may display the intellectual property of the manufacturer or other third-party company intellectual property, including without limitation logos and trademarks which may also be subject to copyright and trademark protections. You must not use such marks without the prior written permission of the manufacturer or other third party.

14. Copyright Claims and Digital Millennium Copyright Act notice to Scales Plus

The Digital Millennium Copyright Act (DMCA) is the United States law governing claims that copyright-protected material is being distributed online.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you believe that your work has been copied in a way that constitutes Infringement, please provide our Copyright Agent the written information specified below in an email with the subject line: “Copyright Infringement.” You can contact our Copyright Agent via email at sales@scalesplus.com. Note, you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith Infringement claims under the DMCA.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

15. Liability Limitation

The User agrees that Scales Plus is not the manufacturer of many of the products on the website, and that Scales Plus provides no warranties or product warranties for the products. Accordingly, User agrees that Scales Plus will not be liable for any warranty claims, product liability claims or other claims related to the product or services provided by Scales Plus. For more information on warranty, see the Disclaimer of Warranty provision below.

The liability, if any, of Scales Plus and its agents, servants, representatives, members, officers, and employees in connection with your use of the Website, any goods or other products or services offered, sold, or displayed on this Website, for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $100.00. In no event shall Scales Plus and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, consequential, or punitive damages.

16. Indemnification

You agree to indemnify, defend and hold Scales Plus and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense (including but not limited to attorneys’ fees and costs) related to (i) your violation of this Agreement or use of the Website and Services, (ii) your use of the Website by any person using your account or password, (iii) your use of any content posted by third parties on the Website, or (iv) your use of the goods or products or services purchased from Scales Plus.

17. Disclaimer of Warranty

DISCLAIMER OF WARRANTY

You expressly agree that use of this Website is at your sole risk. Neither Scales Plus, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors, or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content. The Content may contain errors, omissions, inaccuracies, or outdated information. Further, Scales Plus does not warrant reliability of any content displayed or distributed through the Website.

THIS WEBSITE, THE CONTENT ON THIS WEBSITE, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. SCALES PLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, PRODUCTS OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCALES PLUS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

18. No Waiver

Scales Plus failure to enforce any provision of this Agreement does not waive future enforcement.

19. Governing Law

This Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.

20. Forum Selection

Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County Michigan.

21. Notice to Scales Plus

All notices to Scales Plus under this Agreement may be sent using the following information.

­­­­­­­­­­­­Scales Plus

4850 Allen Park Drive, Suite 1

Allendale, Michigan 49401

Ph: 616-622-2100

Email: sales@scalesplus.com