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.
ll 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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