Continuing Membership and Billing Agreement                                    Terms of Use

I. Ongoing Membership.Your membership to eSrap Auctions, including use of any and all services, auctions, sales, purchases, or other transactions using or involving our online sites (“Services”), which may start with a free trial, will continue on an automatic-renewal basis until you cancel your membership or we terminate it.  Your automatically renewing membership will be billed monthly or annually, depending on the selection you make at the time of registration. 

You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use our Services. We will automatically bill the monthly or annual membership fees to your Payment Method. You must cancel your membership before your monthly or annual renewal date in order to avoid billing of the next month's or next year’s membership fees to your Payment Method.

                        Current Membership Fees Are As Follows:

                        OPTION 1: Monthly Membership Fee of $129.95                                                                        OPTION 2: Twelve-Month (“Annual”) Membership Fee of $1,199.40. 

II. Differing Memberships.We may offer a number of types of membership plans, including memberships with differing fees, conditions, and/or limitations. The terms of your membership are those provided to you during your registration to use our Services. We are not responsible for the products and services provided by third parties. We reserve the right to modify, terminate, or otherwise amend our membership plan offerings in our sole discretion.

III. Free Trials.  Your membership may start with a free trial. The free trial period of your membership lasts only for the time period specified during your registration. Free trials may not be combined with any other offers.  Free trials are for new members only.  eScrap Auctions, Inc., reserves the right, in its sole and absolute discretion, to determine your free-trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.  To cancel your membership, you must log in to your account and follow the How to Cancel instructions found under Policies.

IV. Billing.

A. Recurring Billing.By starting your eScrap Auctions membership, you authorize us to charge you a monthly membership fee at the current published rate, and any other charges you may incur in connection with your use of our Services to your Payment Method. You acknowledge that the amount billed each month may vary from month to month, without notice, due to transaction charges and or other charges attributable to your use of our Services.  You authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or annually, depending on the membership that you have selected.

B. Membership Fee Changes.We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided in your User Agreement, we will provide notice to you by email, describing any change in membership fees 30 days before the proposed change becomes effective.  Your failure to terminate your membership after notice of the proposed change in membership fees will be considered your agreement and consent to the change and to automatic payment of membership fees at the new rate. 

C. Monthly Billing Cycle.The monthly membership fee for our Services will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your eScrap Auctions membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “bill,” “billed,” and/or "billing" shall indicate a charge, debit, or other payment clearance, as applicable, against your Payment Method.

D. Annual Billing Cycle.Unless you terminate your annual membership within one year (365 days) from your date of registration, we will automatically renew your annual membership and bill your Payment Method on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given year, we may bill your Payment Method on the day after the one-year anniversary of commencement of your paying membership or such other day as we deem appropriate. As used in these Terms of Use, “bill,” “billed,” and/or "billing" shall indicate a charge, debit, or other payment clearance, as applicable, against your Payment Method.

V. No Refunds.PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may choose to provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

VI. Payment Methods.You may edit your Payment Method information by visiting our website and logging in to your account.  If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

VII. Cancellation.You may cancel your membership at any time, and you will continue to have access to and use of our Services through the end of your monthly or annual billing period, depending on the type of membership that you selected during registration. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR PARTIAL-ANNUAL MEMBERSHIP PERIODS.

To cancel, log in to your account and follow the How to Cancel instructions found under Policies.

VIII. Conflict Between Agreements.  In any real or asserted conflict between the terms stated herein and the terms provided in the User Agreement, the terms provided in the User Agreement shall prevail and control over the terms stated herein. 

eScrap Auctions User Agreement and Privacy Agreement

This agreement is a contract that may affect your legal rights. 

It is important that you read and understand all of the terms described in this contract.  To accept the below terms and enter this contract, you must scroll through and read the contract and after reading, you may agree to or decline the terms of this contract.  All users are encouraged to save and print a copy of this agreement and the agreement is available online at www.escrapauctions.com.

User Agreement

Introduction

This User Agreement, the eScrap Auctions Privacy Agreement (collectively, the “Agreement”), and all policies posted on our sites set out the terms on which eScrap Auctions offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and the eScrap Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when accessing and using our Services.

The entity you are contracting with is eScrap Auctions, Inc., a Wisconsin corporation, located at  P.O. Box 954 La Crosse, WI 54602.

The terms “we” and “us” and “our” as used in this agreement refer to eScrap Auctions, Inc., and the terms “you” and “your” refer to you, the registered owner or user of the account accepting the terms of this Agreement. 

This User Agreement is effective upon acceptance for users who accept it through registration of an eScrap Auctions account or other electronic click-through access to the eScrap Auctions site.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

eScrap Auctions is a marketplace that allows users to offer, sell and buy electronic devices and components in a variety of pricing formats and locations. As a marketplace, eScrap Auctions does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. eScrap Auctions is not a traditional auctioneer.  While we may provide pricing, shipping, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, eScrap Auctions has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Prohibited Conduct

While using or accessing the Services you will not:

1.     post, list or upload content or items in inappropriate categories or areas on our sites;

2.     breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

3.     use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

4.     fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);

5.     fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;

6.     manipulate the price of any item or interfere with other user's listings;


7.     post false, inaccurate, misleading, defamatory, or libelous content;

8.     take any action that may undermine the feedback or ratings systems (see about our Feedback policies);

9.     transfer your eScrap account (including Feedback) and user ID to another party without our consent;

10.  distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

11.  distribute viruses or any other technologies that may harm eScrap Auctions, or the interests or property of eScrap Auctions’ users;

12.  use any robot, spider, scraper or other automated means to access our Services for any purpose;

13.  bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

14.  export or re-export any eScrap Auctions application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

15.  copy, modify, or distribute rights or content from our Services or eScrap Auctions's copyrights and trademarks;

16.  copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of eScrap Auctions and the appropriate third party, as applicable;

17.  commercialize any eScrap Auctions application or any information or software associated with such application; or

18.  harvest or otherwise collect information about users, including email addresses, without their consent.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Violation of Terms

Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

1.     we think that you are creating problems or possible legal liabilities;

2.     we think that such restrictions will improve the security of the eScrap Auctions community or reduce our or another eScrap Auctions user's exposure to financial liabilities

3.     we think that you are infringing the rights of third parties;

4.     we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;

5.     despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or

6.     you fail to pay us all fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed on our fees and invoices page, available at www.escrapauctions.com/login/subscriptions.  We may change our fees from time to time by posting the changes on the eScrap Auctions site 14 days in advance, but with no advance notice required for temporary promotions. You must have a payment method on file when selling on eScrap Auctions  and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees. eScrap Auctions, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information eScrap Auctions reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eScrap Auctions account, you must contact the collection agency directly.

Listing Conditions

When listing an item, you agree to comply with rules for listing and Selling Practices policy and that:

1.     You are responsible for the accuracy and content of the listing and item offered;

2.     Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). eScrap Auctions can't guarantee exact listing durations.

3.     eScrap Auctions does not guarantee that a listing will appear in any particular search and browse results regardless of the sort order chosen by the potential buyer.  eScrap Auctions does not allow duplicate listings of the same item by a seller and eScrap Auctions, at its sole discretion may remove listings that are, or appear to be duplicative of other listings by the same seller. 

Purchase Conditions

When buying an item, you agree to the rules for buyers and that:

1.     You are responsible for reading the full item listing before making a bid or commitment to buy.

2.     You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).

3.     We do not transfer legal ownership of items from the seller to the buyer;

4.     Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

International Buying and Selling

International Buying and Selling is prohibited in any transaction involving eScrap Auctions’ services.

Intellectual Property

When providing us with content or posting content using eScrap Auctions’ Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your right to assert such rights against us, our sublicensees or assignees.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Submit notice of any perceived infringement to eScrap Auctions in writing at P.O. Box 954 La Crosse, WI 54602.

Authorization to Contact You

You agree to receive calls, including from eScrap Auctions at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

1.     To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law;

2.     To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future.

If you do not wish to receive such communications, you can opt-out in the communications preference section of your My eScrap Auctions.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with our affiliates, for their use, as authorized under our Privacy Policy.

Returns

Sellers agree that, if the buyer returns an item because it does not match the listing description, sellers will be responsible for return shipping costs. eScrap Auctions will not facilitate or intervene in disputes between buyers and sellers, including buyer’s demands for return, except where otherwise expressly stated in this Agreement. 

Payment of fees

The seller is required to pay all fees for listing items on the site and the seller must have a valid payment method on file. If there are insufficient funds in the account(s) on file with eScrap Auctions, the seller authorizes eScrap Auctions to charge any reimbursement amount owed to any payment method(s) on file.  We may also place the reimbursement amount on the seller's invoice. If seller does not provide eScrap Auctions with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining attorneys and or collection agencies.



Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eScrap Auctions’ applications may not occur in real time. Such functionality is subject to delays beyond eScrap Auctions’ control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold eScrap Auctions responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

1.     your use of or your inability to use our Services;

2.     pricing, shipping or other guidance provided by eScrap Auctions

3.     delays or disruptions in our Services;

4.     viruses or other malicious software obtained by accessing, or linking to, our Services;

5.     glitches, bugs, errors, or inaccuracies of any kind in our Services;

6.     damage to your hardware device from the use of any eScrap Auction Services;

7.     the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

8.     a suspension or other action taken with respect to your account or breach of this Agreement;

9.     the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or

10.  your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

Release

If you have any claim or dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of eScrap Auction’s Services or your breach of any law or the rights of a third party.

Legal Disputes

You and eScrap Auctions agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the eScrap Auctions User Agreement your use of or access to eScrap Auctions sites, services, applications, and tools, or any products, items, or services sold or purchased through eScrap Auctions’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

A. Applicable Law

You agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and eScrap, except as otherwise stated in the User Agreement.

B. Agreement to Arbitrate

You and eScrap Auctions each agree that any and all disputes or claims that have arisen or may arise between you and eScrap Auctions relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to eScrap Auction’s Services, or any products or services sold, offered, or purchased through eScrap Auctions’ Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1.               Prohibition of Class and Representative Actions and Non-Individualized Relief

2.               YOU AND ESCRAP AUCTIONS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ESCRAP AUCTIONS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ESCRAP AUCTIONS USERS.

3.               Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: eScrap Auctions P.O. Box 954 La Crosse, WI 54602.        

4.               The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or eScrap Auctions may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eScrap Auctions subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or eScrap Auctions, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Minnesota, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different eScrap Auctions users, but is bound by rulings in prior arbitrations involving the same eScrap Auctions user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

5.               Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate.  If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, eScrap Auctions will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eScrap Auctions for all fees associated with the arbitration paid by eScrap Auctions on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

Severability.

1.     With the exception of any of the provisions in the Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

Opt-Out Procedure

1.     YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO:  eScrap Auctions. P.O. Box 954 La Crosse, WI 54602.

Your opt out notice must include your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the eScrap Auctions account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Changes to the Agreement to Arbitrate

1.     We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on the site at least 30 days before the effective date of the changes and by providing notice to you by email.

2.     The version of the Arbitration Agreement in effect between you and eScrap Auctions at the time you or eScrap Auctions file any claim, action, or proceeding shall govern such claim, action, or proceeding. 

3.     If you do not agree to any amended term in this Agreement, you may close your account within the 30 day period and you will not be bound by the new terms.  Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted on the site and shall not be effective as to any claim that was filed in a legal proceeding against eScrap Auctions prior to the effective date of termination.

C.  Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eScrap Auctions must be resolved exclusively by a state or federal court located in Hennepin County Minnesota. You and eScrap Auctions agree to submit to the personal jurisdiction of the courts located within Hennepin County Minnesota for the purpose of litigating all such claims or disputes.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on the site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an eScrap Auctions representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

If you believe that your intellectual property rights have been infringed, please notify us by email and we will investigate.

The User Agreement, the Privacy Policy, and all polices set forth the entire understanding and agreement between you and eScrap Auctions and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Privacy Policy

Scope and Consent

By using our Services and its related sites, application, services and tools, and/or registering for an eScrap Auctions account, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy and in our User Agreement.

Throughout this Privacy Policy, we use the term "personal information" to describe information that can be associated with a specific person and could be used to identify that person. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person.

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. Additionally, we will notify you by email of any material changes to this Privacy Policy.

Mobile Privacy

We may offer you the ability for you to connect with our sites, or use our applications, services, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. This Privacy Policy will be referenced by all such mobile applications or mobile optimized websites.

Children's Privacy

The eScrap Auctions.com website is a general audience website, and it and its related sites, applications, services, and tools are not intended for person under the age of 18. We do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group.

Collection of Personal Information

Any personal  information is associated to your account only when you sign in as a registered user. If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

We collect the following types of personal information in order to provide you with the use of and access to our sites, applications, services and tools, and to help us personalize and improve your experience:

Information we collect automatically: When you visit our sites, use our applications, services, and tools, or interact with our advertising or content, we automatically collect information sent to us by your computer, mobile device, or other access device. This information is associated with you personally only when sign in as a registered user, and includes but is not limited to:

A.      device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, and standard web log information,

B.       anonymous information collected through our use cookies and web beacons

Information you give us: We collect and store any information you enter on our sites or you provide to us in context of using our sites, applications, services or tools. This may include, but is not limited to:

1.     information you provide us when registering for an account, including email address, phone number, mobile telephone number, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;

2.     addition information you may provide to us via social media sites or services

3.     transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);

4.     shipping, billing and other information you provide to purchase or ship an item;

5.     information provided in the context of community discussions, chats, dispute resolution, correspondence through our sites, or correspondence sent to us

6.     additional personal information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list)

Mobile: When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

Information from other sources: We may receive or collect supplemental information about you from third parties sources and add it to our account information. This may include, but is not limited to, demographic, navigation information, additional contact information, credit check information, and additional information about you from credit bureaus or other sources, as permitted by law.

Use of Personal Information

Our primary purpose in collecting personal information is to provide you with access to our sites and/or use of our services, applications and tools, provide you with requested customer service and relevant information about your account and our services, and to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

(a)     provide you access to our sites and the services and customer support you request;

(b)    prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and enforce our User Agreement;

(c)     customize, measure and improve our services, content and advertising;

(d)    contact you, either via email or telephone, to resolve disputes, collect fees, and troubleshoot problems with your account or our sites, services, applications or tools, or for other purposes authorized by law.

(e)     contact you, either via email or telephone to inform you about our services, deliver targeted marketing, service updates, and promotional offers based on your communication preferences

(f)     compare information for accuracy, and verify it with third parties;

(g)    contact you at any telephone number using calls or text (SMS) messages

(h)    provide you other services requested by you as described when we collect the information

Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.

If you do not wish to receive marketing communications from us, you can opt-out by providing written notice of your preference to eScrap Auctions, P.O. Box 954 La Crosse, WI 54602.

Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with this Privacy Policy and applicable laws and regulations. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.

We may also share your personal information with:

1.     Other buyers and sellers, whether located in your country of residence or outside of your country of residence, as authorized by you or your use of our sites, services, applications or tools. For example, where you are involved in a transaction with another user, the other user may view your email address and request and obtain your contact information and postal address to help complete the transaction;

2.     Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

3.     Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other eScrap Auctions user to legal liability. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.

4.     Credit bureaus with which we may report information about your account, including information on late payments, missed payments, or other defaults on your account may be reflected in your credit report.

5.     Other business entities, should we plan to merge with or be acquired by that business entity.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Information You Share on eScrap Auctions

Your User ID, your bids, purchases, items for sale, storefronts, feedback, ratings and associated comments are viewable by other members of eScrap Auctions and by eScrap Auctions, Inc.  Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your eScrap Auctions activities.

If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity, or reminders from eScrap Auctions, may also be visible to other individuals who use the computer after you.

Using Information from eScrap Auctions

eScrap Auctions enables you to share personal and financial information to complete transactions and collect payments. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information.

You agree to use user information only for:

1.     Transaction-related purposes that are not unsolicited commercial messages;

2.     using services offered through eScrap Auctions (such as escrow, shipping, and fraud complaints), or

3.     other purposes that a user expressly chooses.

Our use of Cookies, Web Beacons, Local Storage, and Similar Technologies

When you visit or interact with our sites, services, applications, messaging (such as email), and tools, we or our authorized service providers may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, and safer experience.

No Spam, Spyware, or Spoofing

We and our users do not tolerate spam. You are not licensed to add other  users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement.

Accessing, Reviewing, and Changing Your Personal Information

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your  password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

You can see, review and change most of your personal information by signing on to your account. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our policies and agreements and take other actions otherwise permitted by law.

How We Protect and Store Your Personal Information

We store and process your personal information on our computers in the US. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted by law.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you provide to them. eScrap Auctions does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

Contact Us

If your questions are not answered online, you may write to us at This email address is being protected from spambots. You need JavaScript enabled to view it..