These terms and conditions (“Agreement”) set forth the general terms and
conditions of your use of the cartnear.com website (“Website”), “Cartnear”
mobile application (“Mobile Application”) and any of their related products and
services (collectively, “Services”). This Agreement is legally binding between
you (“User”, “you” or “your”) and ScoopIron LLC (doing business as
“Cartnear”, “we”, “us” or “our”). If you are entering into this Agreement on
behalf of a business or other legal entity, you represent that you have the
authority to bind such entity to this Agreement, in which case the terms “User”,
“you” or “your” shall refer to such entity. If you do not have such authority, or if
you do not agree with the terms of this Agreement, you must not accept this
Agreement and may not access and use the Services. By accessing and
using the Services, you acknowledge that you have read, understood, and
agree to be bound by the terms of this Agreement. You acknowledge that this
Agreement is a contract between you and Cartnear, even though it is
electronic and is not physically.
Table of contents
Accounts and membership
User content
Billing and payments
Accuracy of information
Third party services
Backups
Advertisements
Links to other resources
Prohibited uses
Intellectual property rights
Disclaimer of warranty
Limitation of liability
Indemnification
Severability
Dispute resolution
Assignment
Changes and amendments
Acceptance of these terms
Contacting us
Accounts and membership
If you create an account on the Services, you are responsible for maintaining
the security of your account and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with it. We
may monitor and review new accounts before you may sign in and start using
the Services. Providing false contact information of any kind may result in the
termination of your account. You must immediately notify us of any
unauthorized uses of your account or any other breaches of security. We will
not be liable for any acts or omissions by you, including any damages of any
kind incurred as a result of such acts or omissions. We may suspend, disable,
or delete your account (or any part thereof) if we determine that you have
violated any provision of this Agreement or that your conduct or content would
tend to damage our reputation and goodwill. If we delete your account for the
foregoing reasons, you may not re-register for our Services. We may block
your email address and Internet protocol address to prevent further
registration.
User content
We do not own any data, information or material (collectively, “Content”) that
you submit on the Services in the course of using the Service. You shall have
sole responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all
submitted Content. We may monitor and review the Content on the Services
submitted or created using our Services by you. You grant us permission to
access, copy, distribute, store, transmit, reformat, display and perform the
Content of your user account solely as required for the purpose of providing
the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable. You also
grant us the license to use, reproduce, adapt, modify, publish or distribute the
Content created by you or stored in your user account for commercial,
marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and
payable. Sensitive and private data exchange happens over a SSL secured
communication channel and is encrypted and protected with digital signatures,
and the Services are also in compliance with PCI vulnerability standards in
order to create as secure of an environment as possible for Users. Scans for
malware are performed on a regular basis for additional security and
protection. If, in our judgment, your purchase constitutes a high-risk
transaction, we will require you to provide us with a copy of your valid
government-issued photo identification, and possibly a copy of a recent bank
statement for the credit or debit card used for the purchase. We reserve the
right to change products and product pricing at any time. We also reserve the
right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order,
we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Services that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, availability, promotions and offers. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information on the Services or Services is
inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend or clarify
information on the Services including, without limitation, pricing information,
except as required by law. No specified update or refresh date applied on the
Services should be taken to indicate that all information on the Services or
Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that
your access and use of such other services are governed solely by the terms
and conditions of such other services, and we do not endorse, are not
responsible or liable for, and make no representations as to any aspect of
such other services, including, without limitation, their content or the manner
in which they handle data (including your data) or any interaction between you
and the provider of such other services. You irrevocably waive any claim
against Cartnear with respect to such other services. Cartnear is not liable for
any damage or loss caused or alleged to be caused by or in connection with
your enablement, access or use of any such other services, or your reliance
on the privacy practices, data security processes or other policies of such
other services. You may be required to register for or log into such other
services on their respective platforms. By enabling any other services, you are
expressly permitting Cartnear to disclose your data as necessary to facilitate
the use or enablement of such other service.
Backups
We perform regular backups of the Website and its Content, however, these
backups are for our own administrative purposes only and are in no way
guaranteed. You are responsible for maintaining your own backups of your
data. We do not provide any sort of compensation for lost or incomplete data
in the event that backups do not function properly. We will do our best to
ensure complete and accurate backups, but assume no responsibility for this
duty.
Advertisements
During your use of the Services, you may enter into correspondence with or
participate in promotions of advertisers or sponsors showing their goods or
services through the Services. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is solely between
you and the applicable third party. We shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between
you and any such third party.
Links to other resources
Although the Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked resource,
unless specifically stated herein. Some of the links on the Services may be
“affiliate links”. This means if you click on the link and purchase an item,
Cartnear will receive an affiliate commission. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their resources. We do not assume
any responsibility or liability for the actions, products, services, and content of
any other third parties. You should carefully review the legal statements and
other conditions of use of any resource which you access through a link on
the Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited
from using the Services or Content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Services, third party products and
services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or
circumvent the security features of the Services, third party products and
services, or the Internet. We reserve the right to terminate your use of the
Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by
statute, common law or equity in or in relation to any copyright and related
rights, trademarks, designs, patents, inventions, goodwill and the right to sue
for passing off, rights to inventions, rights to use, and all other intellectual
property rights, in each case whether registered or unregistered and including
all applications and rights to apply for and be granted, rights to claim priority
from, such rights and all similar or equivalent rights or forms of protection and
any other results of intellectual activity which subsist or will subsist now or in
the future in any part of the world. This Agreement does not transfer to you
any intellectual property owned by Cartnear or third parties, and all rights,
titles, and interests in and to such property will remain (as between the
parties) solely with Cartnear. All trademarks, service marks, graphics and
logos used in connection with the Services, are trademarks or registered
trademarks of Cartnear or its licensors. Other trademarks, service marks,
graphics and logos used in connection with the Services may be the
trademarks of other third parties. Your use of the Services grants you no right
or license to reproduce or otherwise use any of Cartnear or third party
trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis
and that your use of the Services is solely at your own risk. We expressly
disclaim all warranties of any kind, whether express or implied, including but
not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services will
meet your requirements, or that the Service will be uninterrupted, timely,
secure, or error-free; nor do we make any warranty as to the results that may
be obtained from the use of the Service or as to the accuracy or reliability of
any information obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible for any damage
or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service
unless stated otherwise. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not
expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Cartnear, its
affiliates, directors, officers, employees, agents, suppliers or licensors be
liable to any person for any indirect, incidental, special, punitive, cover or
consequential damages (including, without limitation, damages for lost profits,
revenue, sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity) however
caused, under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable
party has been advised as to the possibility of such damages or could have
foreseen such damages. To the maximum extent permitted by applicable law,
the aggregate liability of Cartnear and its affiliates, officers, employees,
agents, suppliers and licensors relating to the services will be limited to an
amount no greater than one dollar or any amounts actually paid in cash by
you to Cartnear for the prior one month period prior to the first event or
occurrence giving rise to such liability. The limitations and exclusions also
apply if this remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold Cartnear and its affiliates, directors, officers,
employees, agents, suppliers and licensors harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys’ fees,
incurred in connection with or arising from any third party allegations, claims,
actions, disputes, or demands asserted against any of them as a result of or
relating to your Content, your use of the Services or any willful misconduct on
your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and
shall be applicable and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent necessary so that
they will not render this Agreement illegal, invalid or unenforceable. If any
provision or portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions thereof shall
constitute their agreement with respect to the subject matter hereof, and all
such remaining provisions or portions thereof shall remain in full force and
effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any
disputes arising out of it shall be governed by the substantive and procedural
laws of Texas, United States without regard to its rules on conflicts or choice
of law and, to the extent applicable, the laws of United States. The exclusive
jurisdiction and venue for actions related to the subject matter hereof shall be
the courts located in Texas, United States, and you hereby submit to the
personal jurisdiction of such courts. You hereby waive any right to a jury trial
in any proceeding arising out of or related to this Agreement. The United
Nations Convention on Contracts for the International Sale of Goods does not
apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any
of your rights or obligations hereunder, in whole or in part, without our prior
written consent, which consent shall be at our own sole discretion and without
obligation; any such assignment or transfer shall be null and void. We are free
to assign any of its rights or obligations hereunder, in whole or in part, to any
third party as part of the sale of all or substantially all of its assets or stock or
as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the
Services at any time at our discretion. When we do, we will revise the updated
date at the bottom of this page. We may also provide notice to you in other
ways at our discretion, such as through the contact information you have
provided.
An updated version of this Agreement will be effective immediately upon the
posting of the revised Agreement unless otherwise specified. Your continued
use of the Services after the effective date of the revised Agreement (or such
other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its
terms and conditions. By accessing and using the Services you agree to be
bound by this Agreement. If you do not agree to abide by the terms of this
Agreement, you are not authorized to access or use the Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement,
we encourage you to contact us using the details below:
20733 US HWY 281 South, San Antonio, TX 78264
This document was last updated on December 2, 2023
Expectations of Sellers and Vendors on ScoopIron
LLC and Cartnear.com
ScoopIron LLC is committed to responsible business conduct. Respect for
human rights and environmental stewardship are fundamental principles of
our business practices and standards. We expect our domestic and
international suppliers to share those principles and uphold our standards.
Suppliers must conduct their business with a high level of integrity and
maintain transparent and accurate records.
Our standards
We require all vendors, suppliers, third-party sellers, manufacturers, contractors,
subcontractors and their agents (collectively, “suppliers”) to abide by the following
standards and cascade them through their supply chain:
Ethical business practices
We seek business partners who adhere to the highest ethical standards in their
business practices and their interactions with us. ScoopIron LLC does not allow any
exchange of favors, money, gifts, entertainment or travel with our team members with
the intent to influence business decisions. As with the other standards outlined, Target
team members are held to the same standards and are strictly prohibited from engaging
in solicitation of anything of value from business partners.
Unauthorized subcontracting
We do not tolerate unauthorized subcontracting. All production locations that fall within
the scope of ScoopIron LLC Responsible Sourcing and Sustainability Program must
be disclosed.
Grievance mechanisms
We require suppliers to implement effective grievance mechanisms to systematically
receive, investigate and respond to issues raised and implement remedies to resolve
them. The United Nations Guiding Principles on Business and Human Rights (UNGPs)
defines an effective grievance mechanism as legitimate, accessible, predictable,
equitable, transparent, rights-compatible, based on engagement and dialogue, and
used as a source of continuous learning.
No forced labor or human trafficking
We condemn forced labor and human trafficking and will not knowingly work with
suppliers who engage in these practices or the use of incarcerated labor. All workers
have the right to engage in work willingly, without surrendering identification and without
the payment of fees. Workers have the right to freedom of movement and our suppliers
must ensure it is afforded to them. Workers have the right to terminate their employment
without penalty upon providing reasonable notice. Suppliers must also procure their raw
materials and/or components for products solely from sources that do not utilize forced
labor or engage in human trafficking.
No underage labor
We do not tolerate the use of underage labor and will not knowingly work with suppliers
that utilize underage workers. We define underage worker as any individual younger
than the local minimum working age or the age of 15, whichever is older, and/or those
not abiding by the international standards as defined by the International Labor
Organization (ILO) regarding age-appropriate work governing family farming. Suppliers
must comply with all age-related working restrictions as set by local law and adhere to
international standards as defined by the ILO regarding age-appropriate work.
Health and safety
Suppliers must provide a safe and healthy working environment for workers. We expect
hazards to be assessed and appropriate safeguards to be implemented, monitored and
trained to workers to prevent accidents, injuries and illnesses. The safeguards must
protect workers from exposure to toxic chemicals or materials, ensure life and building
safety, and meet local laws. If suppliers provide residential facilities for their workers,
they must be safe and sanitary.
No discrimination
We respect cultural and individual differences and believe discrimination should not be
tolerated. Suppliers are expected to maintain a discrimination-free workplace and to
employ legally eligible workers based on their abilities, rather than their race, color, sex,
pregnancy status, gender identity, marital status, political opinions, religion, age,
disability, sexual orientation, social origin, national origin or any other characteristics
unrelated to an individual’s ability to perform the work required by the job.
No harassment
We believe that all workers should be treated with dignity. Suppliers must not engage in,
condone or tolerate physical, verbal, mental or sexual harassment against or among
their workers.
Working hours and overtime
Suppliers must not allow working hours that exceed the applicable legal limit, or 60
hours per week, whichever is less. Regularly paid hours must not exceed 48 per week
and overtime hours must not exceed 12 hours per week or the amount specified by
local law, whichever is less. Only in exceptional cases, may working hours exceed 60
per week or six consecutive days. Overtime work must always be voluntary and paid at
a premium rate. Workers must have at least one full non-working day in every seven-
day period.
Wages
Suppliers must provide wages and benefits that meet or exceed local law requirements
and are paid/provided in a timely manner. We encourage suppliers to commit to the
betterment of wages and benefits to improve the lives of workers and their families in
the communities where they live.
Freedom of association
We seek suppliers who productively engage workers and value them as critical assets
to sustainable business success. This includes respecting the rights of workers to make
an informed decision as to whether to associate or not with any group, consistent with
all applicable laws.
Licenses and permitting
Suppliers must acquire and maintain all legally required environmental permits and
business operating licenses necessary to produce their products and operate their
facilities. We will not tolerate suppliers operating without valid current permits.
Environmental management and monitoring systems
Suppliers must have an environmental management system that identifies,
characterizes, and inventories all operational and production impacts to air emission,
energy, water, and wastewater. Impacts must be measured and tracked.
No illegal wastewater discharge
We will not tolerate suppliers with undersized, bypassed, or inoperable wastewater
treatment systems. Suppliers must install and maintain appropriately-sized wastewater
treatment systems to ensure pollutants are at or below legally required levels.
Waste reduction and disposal
Suppliers must handle, store, transport and dispose of hazardous waste legally. We will
not tolerate suppliers that engage in illegal waste dumping. We seek suppliers who
demonstrate they actively work to reduce waste throughout the production process.
Energy and water use
Suppliers are expected to set clear goals to improve energy and water efficiency and
document progress made toward achieving those goals.
Emissions to air
Suppliers must install and maintain appropriate air emissions control devices to ensure
air emissions’ pollutants are at or below legally required levels.
Reporting misconduct
If you encounter what you believe to be a potential violation of local laws or regulations,
