Terms & Conditions of Use
Thank you for shopping at this Scottie's Canvas & Marine Outfitters,
Inc. (Fabrics & Vinyls web site).
Your activities and acquisitions at the Site are governed by: (a)
the Shop Terms & Conditions which are set forth below, and (b)
the conditions, notices and consents that are provided or obtained
in connection with the Site (collectively, "Agreement"). As used
in the Agreement "you" are an individual acting on your own
behalf, or "you" are an agent of a person or entity that has authorized
you to act on that person's or entity's behalf.
By using the Site or by placing an order through it, you agree
as follows:
TABLE OF CONTENTS
- Privacy, Security and Your Obligation For Use of
Your Information.
- WARRANTIES & WARRANTY DISCLAIMER REGARDING
ITEMS YOU ACQUIRE.
- NOTICE OF ABILITY TO OBTAIN COPY OF LIMITED WARRANTIES.
- EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.
- License to Use the Site.
- Your Representations & Warranties.
- Electronic Communications; Notices.
- Submission of Comments; Ideas and Other Information.
- Promotions.
- Order Availability, Shipping & Cancellation.
- Payment & Pricing; Credit for Refunds.
- Correction of Errors
- Changes to Shop Terms & Conditions.
- Miscellaneous; Entire Agreement.
- Privacy, Security and Your Obligation For
Use of Your Information.
Our Privacy Policy is a part of this Agreement and its terms are
incorporated by this reference. Please read it now (by clicking
on "Privacy Policy"). The
policy explains how certain information about you may be used.
You acknowledge and agree that Scottie's may exchange, use and
store information about you and your orders in accordance with
our Privacy Policy.
If an order is placed through the Site with your information,
we will assume that you have either placed the order yourself
or have provided information to or received it from someone who
is authorized to place the order. Subject to applicable law, you
agree that we may make that assumption and that you will be obligated
for that order. So please protect and guard access to your computer,
your personal information and card number.
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- WARRANTIES & WARRANTY DISCLAIMER REGARDING
ITEMS YOU ACQUIRE.
Scottie's does provide warranties for certain software and other
items, but only if a warranty labeled "Limited Warranty" is delivered
with the item. Any Limited Warranty will be found or referenced
in the product documentation. Not all products come with a warranty.
For example, Scottie's does not provide any warranties with free
or bundled items. Any Limited Warranty does not include any statements
made on packaging or in manuals and other documentation - you
agree that those are provided and will be accepted by you for
informational or instructional purposes only and not as warranties.
UNLESS YOU ARE PROVIDED A LIMITED WARRANTY THAT APPLIES TO THE
PARTICULAR ITEM you have obtained, ALL ITEMS ARE SUPPLIED AS IS
AND WITH ALL FAULTS, to the full extent allowed by applicable
law. ALSO, SCOTTIE'S DOES NOT PROVIDE ANY WARRANTY OF TITLE, OR
ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ITEM
OR AGAINST INFRINGEMENT.
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- NOTICE OF ABILITY TO OBTAIN COPY OF LIMITED
WARRANTIES.
For items that come with a Limited Warranty, you may obtain a
free copy of the Limited Warranty by contacting Customer Service
for more information at: (800) 780-8677.
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- EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS &
LIMITATIONS Regarding Scottie's Products.
Unless a Scottie's license or other Scottie's contract provides
for different remedies, damages or limits, your exclusive remedy
against Scottie's for any breach of warranty or contract under
this Agreement including without limitation, the Privacy Policy,
is limited to repair, replacement or refund with respect to the
item in question, at Scottie's option and subject to applicable
law. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU
WILL ONLY BE ENTITLED TO THE DIRECT DAMAGES THAT YOU ACTUALLY
INCUR IN REASONABLE RELIANCE, UP TO THE AMOUNT OF A REFUND OF
THE PRICE (PLUS SALES TAX) THAT YOU PAID FOR THE ITEM. YOU WILL
NOT BE ENTITLED TO ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL
OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT
MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER,
EVEN IN THE EVENT OF THE FAULT OF SCOTTIE'S (OR ANY SUPPLIER),
OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF SCOTTIE'S OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY
EVEN IF ANY REMEDY FAILS.
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- License to Use the Site.
We hereby grant you the right to view and use the Site solely
for the purpose of shopping in accordance with the Agreement.
You may download and print copies of these Shop Terms & Conditions,
and of screens from this Site for the purpose of retaining records
of your transactions at the Site. Subject to applicable law, Scottie's
reserves the right to suspend or deny, in its sole discretion,
your access to all or any portion of the Site with or without
notice.
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- Your Representations & Warranties.
You represent and warrant for the benefit of Scottie's that: (a)
you are at least 18 years of age; (b) you possess the legal right
and ability to enter into this Agreement and make the credit card
charge on your own behalf or on behalf of any person for whom
you are acting as agent and/or that you are authorized to use
the information required to purchase from the Site; and (c) all
information that you submit to us is true, accurate and current.
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- Electronic Communications; Notices.
Shopping at the Site is conducted electronically and you agree
that we can communicate with you electronically. For example,
we may send you email asking about your experience with Scottie's,
email notices and other disclosures about your orders, and if
you forget or lose your order information, you agree that we may
supply it by email to your computer. However, since email delivery
is not infallible, you also agree to contact Scottie's for order
information such as order status or shipping delays. You agree
to keep all records relating to your order, including, where possible,
printing a copy of your order confirmation page. To the extent
allowed by law, you agree that the above replaces and satisfies
any law that provides for different methods or timing for your
receipt of notices relating to your transaction. Scottie's also
reserves the right to deliver notices and disclosures by other
means such as postal mail, and to receive notices in writing when
that method is specified elsewhere in this Agreement.
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- Submission of Comments; Ideas and Other Information.
Any comments or information that you provide to Scottie's, for
example feedback or ideas in response to a customer survey regarding
the Site, suggestions, ideas, concepts, or other information (collectively,
the "Submissions"), shall be deemed, and shall remain, the property
of Scottie's. None of the Submissions shall be subject to any
obligation of confidence on the part of Scottie's, and Scottie's
shall not be liable for any use or disclosure (including publication
in any medium) of any Submissions. Without limitation of the foregoing,
Scottie's shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature and shall be
entitled to unrestricted use of the Submissions for any purpose,
commercial or otherwise, without compensation to the provider
of the Submissions.
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- Promotions.
No promotion (e.g., special price discount) is offered by Scottie's
unless the promotion explicitly so states. You agree that offers
from non-Scottie's companies on the Site are solely liable for
their promotions and that Scottie's is not liable. You also agree
to comply with all terms of a promotion. Note: some promotions
will be subject to quantity and other restrictions, including
without limitation, time limits that could expire during your
visit to the Site. Scottie's reserves the right to withdraw or
refuse to honor any promotion that has been altered or modified
- other than by Scottie's.
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- Order Availability, Shipping & Cancellation.
All items ordered from Scottie's are subject to availability.
We reserve the right to reject any and all orders. Subject to
applicable law, Scottie's reserves the right to deliver items
acquired as part of your order at different times in the event
that they are not available for shipment at the same time. Scottie's
also reserves the right to limit the quantity of any items that
may be obtained by you through this Site.
All orders placed through this Site are shipment contracts, not
destination contracts. If you would like your item(s) delivered
at a particular location, you will be responsible for the shipping
charges. Shipping and handling charges may or may not reflect
actual costs and may be amended by Scottie's from time to time.
You may cancel all or any part of your order before you submit
the order. You may not cancel after shipment, but may return any
item that qualifies for return under any applicable return policy.
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- Payment; Credit for Refunds & Pricing.
All prices on this site are in U.S. dollars. All prices and
availability of products are subject to change without notice.
Though we strive to have the web site display the most accurate
price, errors do happen, and Scottie's Canvas reserves the right
to charge our normal price if a web site pricing error occurs.
In the event that actual pricing is different from prices listed
on this site, we will contact you with the correct information
and await confirmation from you before processing your order.
Taxes may be adjusted from the amount shown on the billing screens.
Several factors may cause this, such as variances between processor
programs and changes in tax rates.
Only valid credit cards acceptable to Scottie's may be used
for orders placed with Remote Cart, and all refunds will be
credited to the same card. By submitting your order for processing,
you authorize us to charge your order (including taxes, shipping,
handling and any amounts described on the Site before order
submission) to your card. If your card cannot be verified, is
invalid, or is not otherwise acceptable, your order may be suspended
or cancelled automatically. You agree to use current information
at all times and that we may submit charges for processing even
if your card has expired. You must resolve any problem before
proceeding with your order.
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- Correction of Errors
Scottie's Canvas has made every effort to make sure the information
on this site is correct. However, in the event that any information
on this site, including price information, is incorrect, Scottie's
Canvas & Marine Outfitters, Inc. assumes no liability for
damages incurred directly or indirectly as a result of incomplete
or incorrect information. If you do find any information that
is incorrect, please e-mail us so the error can be corrected.
We do reserve the right to correct any errors or inaccuracies
and change or update information at any time without prior notice.
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- Changes to our Terms & Conditions.
This Site is like a store: every time a customer enters a store
the customer is bound by the rules in effect on the date of the
customer's visit. Similarly, at this Site, you are bound by the
version of this Agreement that is in effect on the date of your
visit or order. The terms of this Agreement may change from time
to time so please review it.
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- Miscellaneous; Entire Agreement.
If any part of this Agreement is determined to be invalid or unenforceable,
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. The Agreement (including any related
consents or agreements that you provide during your visit to the
Site) together with any license or agreement with Scottie's delivered
in connection with any item acquired via the Site, constitutes
the entire agreement between you and Scottie's with respect to
the Site and that item, and supersedes all other (prior or contemporaneous)
communications and proposals, whether electronic, oral or written,
between you and Scottie's regarding the Site and/or any order
you place through it.
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