Scratch Erase Terms of Use

 1. Primary Agreement and Terms Description

YOU UNDERSTAND THAT BY CONTINUING OR USING SCRATCH ERASE SITE OR PRODUCT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND ALL ITS TERMS AND CONDITIONS AS IF THIS WERE A SIGNED AGREEMENT. IF YOU DO NOT ACCEPT, OR DISSAGREE WITH ANY PORTION OF, THIS AGREEMENT OR IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SCRATCH ERASE PRODUCT AND BY ENTERING AND USING THE SITE BINDS YOU TO ALL THE TERMS OF USE AND PRIVACY POLICY. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY. SCRATCH ERASE IS A DBA OF JRLE, LLC.

The success of JRLE, LLC dba Scratch Erase is based on the quality of its users and the followed rules that everyone must adhere too. Generally the top bold sentences at top we try to offer the "unofficial" legal terms summaries or sentences before of most sections. We offer our terms of use as a legal document, as if you it were a signed contract, but also serves as a sort of operations manual to reference.

Please review this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, or service groups, or any page thereof, through any direct or indirect means (individually or collectively, "Websites", "Website", "Site", “Product”, or “Goods” or “Kit”), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, email or facsimile, or third party site or stores, or apps), you accept and agree to be bound by these Terms of Use (the terms "Website" and "Websites" or "Site" or “Product” ;include use through these alternative methods) You're also agreeing to our Privacy Policy and agreeing to read and follow any rules or directions on the Website and or Product . If you are agreeing to this agreement on behalf of an entity, or other person, you represent and warrant that you have the written authority to bind that entity to this agreement. In that even, "you" and "your" will refer and apply to that entity. We do change terms from time to time and you may reference the updated date. You agree the above terms refers to the product “Scratch Erase” and/or the websites “Scratcherase.com” or “Scratcherase.clickable.com”

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY

These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Website. We reserve the right to deny, suspend or terminate service to any member or prospective member for any reason, if you have a reasonable submission or adhere to the rules you'll be just fine.

For purposes of this Agreement, "You" or "Your" means the person(s), user(s) using the Website, and/or the goods, product, facilities or services of Scratch Erase offered through alternative methods or direct methods including persons that allow others to provide information about themselves to or referrals to JRLE, LLC dba Scratch Erase (as defined below). The referral sources to the site or product is "Partners". The "Parties" are "you and us". "JRLE, LLC dba Scratch Erase", "us" or "we" means, but is not limited to the following entities:

•    JRLE, LLC dba Scratch Erase
•    This is terms of use represents a mutual binding agreement between you & JRLE, LLC dba Scratch Erase solely for use and purpose of your use of our website & product.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.

JRLE, LLC dba Scratch Erase operates the Website and Manufactures /Distributes /Processes/ Sells the product and shall have the right at any time to change or discontinue any aspect or feature of the Website/Goods and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Any use by you of the Website or the good, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website.

2. Definitions

Just so we are all on the "same-page" when referencing titles and words.

In these Terms, we refer to those “Buyer(s)” “User(s)” “Customer(s)” are “you”, or “your”.
“JRLE, LLC dba Scratch Erase” “Scratch Erase” “Scratcherase.com” is “Us” or “We or “Our” “It”.

3. How It Works.

This section explains what scratch erase product does, and doesn’t do

Scratch Erase is a product or kit with process to effectively use items included in packaging to remove surface scratches on paint for automobiles and like type surfaces following per the instructions. It WILL NOT remove deeper scratches, such as, scratches down to the metal. Images shown on site and packaging are selected images of random vehicles with scratches for examples only, not actual demonstration result. Results may vary and not all scratches can be 100% removed as is depending on paint, clear coat application and age of vehicle or boat.
All goods sold and site accessed is use at your own risk and you are solely responsible for any resulting damage or loss to you or to any party.
4. 100% Guarantee Claims We will provide a full refund if the product does not perform as desired or claimed upon receipt of return. Exception to next section 5 of Warranty Disclaimer.

5. Warranty Disclaimer

We do everything we can to provide the best product and site. We are not perfect, but try our best to be so you have to be willing to agree to:

Use of our Product, Goods and Site is solely at your own risk in which they are provided to you "as is" , "as accessible" and "as reliable" without warranty of any kind, express or implied. We do intend information contained in our site or product accurate but errors and omissions may occur. It is ultimately your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content made available through our Site. Under no circumstances will JRLE, LLC dba Scratch Erase be liable for any damages due to a loss caused by reliance on information on our site, or product.

JRLE, LLC DBA SCRATCH ERASE AND GOODS OR SERVICES ASSOCIATED DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED TO ANY MATTER WHATSOEVER RELATING TO OUR SITE AND SERVICES INCLUDING THE LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABLITLY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. USE OF SCRATCH ERASE SITE AND SERVICES OR GOODS IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE OUR GOODS OR WEBSITE(S) OR WITH THE DELAY OR INABILITY TO USE THE SITE OR PRODUCT, OR FOR ANY INFORMATION, SOFTWARE, APPS, PRODUCTS AND SERVICES OBTAINED THROUGH OUR SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED ON THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, OR OTHER MALICIOUS CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, ANY COARSE OF DEALING, TRADE, USAGE, NO ADVICE OR INFORMATION (ORAL OR WRITTEN), PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE.

6. Governing Law, Dispute Resolution and Arbitration

We want you to always contact us first if you are a having an issue before filing any kind of complaint or dispute. All disputes you have with us are handled in the jurisdiction of Minnesota, governed in accordance with laws of the State of Minnesota.

Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by JRLE, LLC dba Scratch Erase, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the National Arbitration and Mediation rules ("NAM") in force at that time. The arbitration shall be venued in Ramsey County, Minnesota except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the NAM rules. Should no NAM rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to JRLE, LLC dba Scratch Erase. To begin the arbitration process, a party must make a written demand. The NAMS's rules are available at www.namadr.com. Payment of all filings, and fees will be governed by the NAM's rules. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Ramsey County, Minnesota. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This agreement provides that all disputes between you and us will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury. To begin arbitration proceedings a User must start with a letter and claim description emailed to; scratcherase@gmail.com and mailed certified and addressed to our Registered Agent. Subpoenas and Official Service can also be sent to:


JRLE, LLC dba Scratch Erase
1405 Silver Lake Road, Ste 8
New Brighton, MN 55112

Allow us Fourteen (14) Days to respond prior to formally filing your claim. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using our goods, facilities and services, you consent to these restrictions. We reserve rights to choose the arbitrators and/or mediators to mediate in the dispute. Arbitration exclusions: You agree if any outstanding past due fees owed to us will include attorney and court fees for collection and be pursued in the jurisdiction of Ramsey County, Minnesota.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Ramsey County, Minnesota. If you fail to subject to the proper venue in a lawsuit, you agree to pay our legal expenses and other expenses to defend the lawsuit. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees. You agree any initial liability claim will expire after one year from any initial date of occurrence or date or initial damage claim.

7. Disclaimers

The product is only for use as directed and not to be used outside of its original application and only to be used following provided instruction in packaging or on our website. Made in USA is assembled, processed and packaged in the USA and has global components included. CAREFULLY USE AS DIRECTED OR DAMAGE MAY OCCUR TO SURFACE BY APPLYING TOO MUCH PRESSURE OR REPETITIVE USE

8 Limitation of Liability

We are not liable that causes damages beyond a small amount.

JRLE, LLC dba Scratch Erase and its': licensors, operators, directors, officers, employees, agents, affiliates, subcontractors, licensors, payment processors, suppliers, content providers, is not liable for any special, indirect, incidental, consequential, exemplary, punitive damages of any kind or any event exceeding, in the aggregate, one hundred U.S. Dollars ($100.00), or for restricting jurisdictions of the lesser amount limited to the smallest extent possible governed by law including but not limited to damages; (1) for any personal injury or death caused by its negligence or of any of its officers, employees or agents; or for (2) any fraudulent misrepresentation, intentional misconduct or (3) resulting from your use of, or access to, or performance of, or inability of our Site or Services; or (4) for any data loss or theft, profits, costs, substitutes of goods or service, errors and omissions of Services or content on our site; (5) for any content on of any link or third party on the site; (6) for anything that may have been advised by us that led to a loss on our Site.

This is all the rest of the other legal stuff to recap.

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, Goods, Products and Services provided including but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites or on the product and any operating rules for the Websites established by JRLE, LLC dba Scratch Erase) constitutes the entire agreement between entirely you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Website and information, software, membership, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Minnesota, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. With product sold, all sales are final. In no event will we be liable for any loss of earnings or any other damages, losses or expenses arising out of or in correlation with an independent transaction, agreement, or interaction between anyone using the Website or product.
IMPORTANT, IT IS YOUR RESPONSIBLITY TO PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS (Updated version 7/12/22).
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