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Scott Auto Concepts Terms of Use
Welcome
to Scott Auto Concepts (the "Site"). Please review the following
terms and conditions (the "Terms and Conditions") that govern
your use of, and purchase of products from, the Site. Please note that
your use of the Site constitutes your agreement to follow and be bound
by the Terms and Conditions. If you do not agree with the Terms and Conditions,
please do not use the Site.
General
The Site is operated by Scott Auto Concepts. You may contact
Scott Auto Concepts by email; orders "@" scottautoconcepts.com
Terms
and Conditions Subject to Change
Scott Auto Concepts reserves the right to update or modify the Terms
and Conditions at any time without prior notice to you. We recommend that
you periodically review the Terms and Conditions for any changes. By using
the Site, you agree to be bound by the Terms and Conditions, as amended
from time to time.
Additions/Deletions
Charger reserves the right to change, move or delete portions
of, or add to, the Site from time to time without prior notice to you.
Returns
(if applicable)
Any and all returns are subject to 15% restocking fee plus any
freight charges that may apply.
Content
of the Site
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and written and other materials that appear
on the Site (collectively, the "Content") are subject to trademark,
service mark, copyright and/or other intellectual property rights under
United States law and international law or licenses held by Scott Auto Concepts
or by third parties who have licensed their materials to Scott Auto Concepts.
Scott Auto Concepts owns the copyright in the Site, including the selection
and arrangement of the Content. No right, title or interest in the Content
is transferred to you as a result of your use of the Site.
Visitors to the Site may not reproduce, distribute, replicate or transmit
the Content without the express written permission of Scott Auto Concepts,
except for materials downloaded, printed or stored for personal, non-commercial
uses. Any materials downloaded, printed or stored for personal, non-commercial
uses must retain any copyright, trademark or other proprietary notices
contained therein.
Third Party Websites
For your convenience, Scott Auto Concepts may provide links to websites that
are owned and operated by third parties which we think may be of interest
to you. However, Scott Auto Concepts does not endorse the content on those
sites and does not regularly review materials on these linked third party
websites. Therefore, you view any third party websites linked from the
Site at your own risk.
Prices
The prices displayed on the Site are quoted in United States dollars.
Prices are subject to change without notice.
Disclaimer
THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED
FOR SALE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Scott Auto Concepts AND ITS AFFILIATED
ENTITIES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ALL THE
CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED FOR SALE THROUGH
THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Scott Auto Concepts AND ITS AFFILIATED ENTITIES
AND SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE
SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT
INTERRUPTION OR ERROR.
Scott Auto Concepts AND ITS AFFILIATED ENTITIES AND SUPPLIERS MAKE NO REPRESENTATION
THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR
USE IN LOCATIONS OUTSIDE THE UNITED STATES.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE
IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT Scott Auto Concepts AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE
SITE. ADDITIONALLY, Scott Auto Concepts AND ITS AFFILIATED ENTITIES AND SUPPLIERS
ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO ANY
OF THE CONTENT ON THE SITE, OR THE SERVICES AND PRODUCTS OFFERED FOR SALE
THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES
AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, INCOME
OR PROFITS), WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), IN STRICT
LIABILITY, UNDER WARRANTY OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE
OF Scott Auto Concepts HAS BEEN ADVISED OF OR SHOULD HAVE KNOW OF THE POSSIBILITY
OF SUCH DAMAGES. Scott Auto Concepts AND ITS AFFILIATED ENTITIES AND SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF
YOUR NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS DEEMED ACTIVE OR PASSIVE AND
WHETHER OR NOT IT IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID
OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Scott Auto Concepts AND ITS AFFILIATED ENTITIES AND SUPPLIERS UNDER SUCH CIRCUMSTANCES
FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
$100.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY OF THE CONTENT, THE SERVICES
OR THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE, OR WITH THE TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Scott Auto Concepts AND ITS AFFILIATED
ENTITIES AND SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED
TO YOUR USE OF THE SITE.
Violation of Terms and Conditions and Applicable Law
Use of the Site is subject to the Terms and Conditions as well as applicable
federal, state and local law. Scott Auto Concepts reserves the right to terminate
or suspend your access to the Site if we determine that you fail to comply
with the Terms and Conditions or if you violate and applicable federal,
state or local law.
GOVERNING LAW; JURISDICTION; VENUE
THE TERMS AND CONDITIONS WILL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT
OF LAW PROVISION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION
OTHER THAN THE STATE OF CALIFORNIA, AND THE FEDERAL AND STATE COURTS OF
THE STATE OF CALIFORNIA WILL HAVE THE EXCLUSIVE JURISDICTION AND VENUE
TO ENFORCE THE TERMS AND CONDITIONS. YOU AGREE NOT TO ASSERT, BY WAY OF
A MOTION, AS A DEFENSE OR OTHERWISE, IN ANY SUIT, ACTION OR PROCEEDING
ARISING FROM THE TERMS AND CONDITIONS THAT YOU ARE NOT PERSONALLY SUBJECT
TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR
PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE
SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THE TERMS AND CONDITIONS
MAY NOT BE ENFORCED IN OR BY THE ABOVE-NAMED COURTS.
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