User Agreement

Terms of Service (“Terms”)

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.scapersoft.com website (the “Service”) operated by NityaPushta Auctions Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We apply a monthly recurring billing cycle so your payment method will be drawn on the same day and time every month. This a monthly service and dues must be paid in full and on time.

You 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 grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons 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.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We cannot guarantee host server uptime nor the availability of any and all paid services. No refunds, full or partial, will be provided in the event of server downtime or loss of data nor will we be held legally liable in these events.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

When you create an account with us, you agree to pay for the service on a monthly basis. This is a monthly recurring bill and must be paid as such. If payment is not made monthly in a timely manner, we reserve the right to deny service and/or permanently delete unpaid accounts. We also reserve the right to charge late payment fees and/or maintenance fees for failure to pay. Cancellation requests must be made 30 days in advance and be sent via email to support@scapersoft.com and a service fee will apply to keep the account serviced. Any accounts that go into dormancy without notice for over 60 days may be deleted permanently.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, increase pricing and costs, remove or edit content, or cancel orders in our sole discretion. We are not required to provide any notice of material changes or events.

All legacy accounts ($197/$225 Lifetime) cease to exist now as of 1st January 2016, and have the option to switch to a paid plan (Starter, Like or Pro). Going forward, said customers will transition into a month-to-month contract which can be cancelled at any time with 30 days written notice. There will be no refunds allowed on legacy lifetime accounts at any point.

We reserve the right to completely purge and/or remove any and all accounts that have not been accessed for more than 180 days at our discretion. This includes deletion of all data included within. We are not required to provide written or verbal notification of these occurrences. It is the customer’s full responsibility to maintain the account and keep it in an active state. Accounts cannot be frozen or put on deferment. If an account goes unpaid for over 72 hours, account will go into dormancy and accrue monthly maintenance fee of $5 per month.

Customers who are temporarily allowed to stay on a legacy account are not automatically entitled to free product upgrades and do not receive customer support. Any and all product upgrades and optimizations may include additional fees or require account changes. Legacy accounts are entitled solely to the features and services that were provided and available upon initial purchase. We reserve the right to charge a yearly maintenance fee to all active legacy accounts at our sole discretion. If not paid, we reserve the right to pause service or terminate service completely.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of NityaPushta Auctions Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NityaPushta Auctions Inc.

Email Confidentiality

ScaperSoft.com email content contains confidential information and is intended only for the individual(s) named. All email content and any files transmitted within our emails are confidential and intended solely for the use of the individual or entity to whom they are addressed and may not be disseminated, distributed, or copied. E-mail transmission cannot be guaranteed to be secure or error-free as information can be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of our email messages, which arise as a result of e-mail transmission. If verification is required, please request a hard-copy version.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by NityaPushta Auctions Inc.

NityaPushta Auctions Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that NityaPushta Auctions Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

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 whatsoever and without limitation, including but not limited to a breach of the Terms which includes lack of monthly dues while on a recurring billing plan. This can be rectified by becoming current on all payments in arrears.

If you wish to terminate your account, we require a full 30 day written notice of such. No refunds, full or partial, will be provided for any previous payments up to and including the current month of service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless NityaPushta Auctions Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall NityaPushta Auctions Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NityaPushta Auctions Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Delaware (New Castle County). The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in technology and commercial law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.