Scoutparts.com Terms and Conditions of Use
Last updated: 19 May 2008.
document describes the terms and conditions for using our website in addition
Please read and carefully review all of these documents. If you have any questions or comments about
any of these documents, please get in touch with us:
2704 SE Steele St. Fax:
Portland, OR 97202 Email: email@example.com
is a subsidiary business within the Pacific Supply Group family of businesses
using the Scoutparts.com website, you unconditionally accept all of the
following terms and conditions of use. If you do not wish to accept or abide by
these terms, please do not use this website.
of Our Website
part of our website – the design, text, graphics, content, information, and any
other displayed material – that can be displayed, downloaded, or otherwise
transferred is protected by all applicable local, state, federal, and
international laws. Check out our “Other
Legal Policies” for specific information about some of those laws.
(the Scoutparts.com website) includes the front page and any other pages under
the domain name scoutparts.com. We allow very limited copying of sections of
our website under certain conditions outlined in this document and our Other
Legal Policies. However, in almost all
instances, users are prohibited from copying, downloading, retransmitting, or
otherwise using our website without our permission.
feel free to contact us if you have any questions at all about proper use of
to Our Website
agree not to create or maintain any link from another website to any part of
our website in any manner that generates revenue (for you or anyone else)
without our prior written permission.
the dedication of our fans and the community of International Harvester
aficionados, but we do not like people profiting off our hard work. If you want to mention us in your blog, add us
to Wikipedia, discuss us in a web-based forum, or link us on your family’s website,
you may certainly do so – as long as you do not receive any revenue (including
any advertising revenue) from that website. Otherwise, please ask us for permission before
displaying, or otherwise transferring any content from our website on or into
frames or similar means on another website without our prior written permission
permitted links to our website must comply will all applicable laws, rules, and
regulations (including local, state, federal, and international laws).
to Other Websites
may occasionally place links to other websites within our own website. Some of those other websites are affiliated
businesses under the Pacific Supply Group family of businesses (please see
http://www.pacsupplyco.com for more information), but we also place links to
websites of third party businesses that we have no ownership or control
over. All of these links are provided as
a courtesy and convenience. We try to
help people visiting our website get additional information about other
products, people, and companies they may enjoy.
any such link will cause you to leave our website. Neither we nor any of our affiliates are
responsible for any content, materials, images, or other information located on
or accessible from any website outside of Pacific Supply Group. We do not endorse, guarantee, approve of, favor,
limit access to, make any representation, or warrant the content of any other
website outside Pacific Supply Group.
short (and everyone should know this by now), you surf the World Wide Web at
your own risk.
Content and Accuracy of Information
We try to ensure that all information on our website is complete,
accurate, and up-to-date. However,
mistakes do happen (we are only human after all), and despite our best efforts
and diligence for exacting detail, some of the descriptions, prices, or other
information on our website occasionally may be inaccurate. Or incomplete. Or even out-of-date. We cannot make any absolute, 100% guaranteed
promises as to the completeness, accuracy, or currentness of any information on
our website (assuming that “currentness” is an acceptable word in the English
language). But we do try as hard as we
can to keep the information on the website accurate.
Products listed on our website may be unavailable at times, or may
be replaced by a current, newer model with different characteristics. And, of course, we may change the price and
availability of products at any time. We
don’t do this to mess with you, we do this because we’re a dynamic company
dedicated to finding and offering the best products we can using the most
efficient business models and practices we can come up with.
reserve the right to limit the order quantity on any product or service and/or
to refuse service to any customer – and we may do so without prior notice. If someone orders 10,000 (or even 100)
different products at once, we may have to limit that quantity to something
more reasonable based on our current stock in-hand or stock available from our
vendors. And sometimes, we may require
you to verify your information prior to accepting your order or shipping any
products to you.
Orders that are canceled after the transaction has settled (2pm Pacific the following day) are subject to a 3% administrative fee or the switching fees we paid to process the transaction.
try to confirm all orders by email. However, that email order confirmation
is just a confirmation that you placed your order. It does not count as our acceptance of that
order. Nor does it confirm our
offer to sell a product or service. That
email confirmation simply is our way of saying “Thanks for your order. We’ve received it and we’ll get back to you if
there are any problems with fulfilling your order later.”
all purchases from our website, the risks of loss and title for any products
purchased pass from us to you upon our delivery of the items to a shipping
carrier. Once your order is in the hands
of a shipping agent, it’s out of our hands. If the items you ordered are lost or damaged
during shipment (i.e., after we hand those items over to the carrier), you are
responsible for filing any notices, claims, or actions with that carrier.
will be shipped to the address you specify as long as that shipping address complies
with our shipping policies and any applicable state, local, federal, or
descriptions of our products on our website are subject to change at any time
without notice. We provide descriptions
of approximate weights, sizes, and dimensions for convenience purposes only,
and we will make every reasonable effort to accurately describe our products.
also make every reasonable effort to accurately photograph our products and
color balance the images used on our website. However, the actual color you see when viewing
our website on your computer will depend on your own computer’s settings, and
we can’t possibly guarantee that your computer will accurately display the
colors of our products.
Inclusion of a product (or service) on our website
does not necessarily imply (or warrant) that the particular product (or
service) will always be available, or available at a particular time. We will
endeavor to indicate when a product is out of stock by flagging the product on
you place an order through our website, you affirm that any product ordered
will be used only in a lawful manner. And
you have the responsibility obey all applicable local, state, federal, and
international laws in regard to the possession, use and sale of any item
purchased from our website.
and Inappropriate Material
prohibit anyone from posting on or transmitting to our website any unlawful,
obscene, pornographic, profane, threatening, defamatory, or libelous material,
information, or statements. We think our
mothers raised us the right way when they said “If you can’t say something nice
about someone, don’t say anything at all.”
prohibit anyone from posting on or transmitting to our website any material,
information, or statements that could be considered a criminal offense, give
rise to civil liability, or otherwise violate any applicable law – or even that
could encourage others to break the law or induce some civil liability.
we determine (at our sole discretion) that you have violated or are likely to
violate these prohibitions, we reserve the right to take any action we deem
necessary to cure or prevent such a violation. For example, we could cause the immediate
removal of prohibited images, statements, or other materials from our website,
or even block you from accessing our website. And we reserve the right to any other remedy –
at law or in equity – to respond to any current or imminent violation of these
we will fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing us to disclose the identity of anyone
accessing or using our website in violation of applicable local, state,
federal, or international laws.
identifiable information transmitted to our website is subject to our
that document so you know what we’re doing with the information that we collect
other information, comments, ideas, suggestions, designs, drawings, advertising
copy, concepts, techniques, comments, questions, recipes, commentaries,
doctoral dissertations, essays, illustrations, novels, battle maps,
architectural plans for the Death Star, or any other statements or
communications (other than personally identifiable information protected by our
considered “User Communications.” We
will consider these User Communications non-confidential and non-proprietary. Please see our Other Legal Notices for more
information on this topic.
our affiliates, our agents, and our other designees may use any or all User
Communications for any purpose whatsoever and without limitation. We can reproduce, transmit, disclose,
broadcast, mock, publish, admire, develop, and use those User Communications
for any commercial or non-commercial purpose we want without limitation,
including research, development, manufacturing, marketing, advertising, or
purely for entertainment purposes.
usually monitor User Communications, even though we’re not obligated to do so,
and we pass around the really good ones or post them in our break room. We have no obligation to use, return, review,
or respond to any User Communications. As
much as we love our customers and enjoy mocking our enemies, we just don’t have
time to respond to every email or letter we receive.
accept no liability whatsoever for any content of any User Communications,
particularly any liability arising under the applicable laws related to
copyright, trademark, obscenity, libel, privacy, or defamation.
we reserve the sole right to remove, redact, or expunge any or all User
Communications that we deem inappropriate or unacceptable.
comes the really intensely lawyerly language. We apologize for subjecting you to the rest of
this document, but we live in a highly litigious society. We need to protect ourselves. And we promise to let the lawyers out of their
cages only when necessary.
USE OF THIS WEBSITE IS AT YOUR OWN PERSONAL RISK. THE PRODUCTS, INFORMATION, SERVICES, AND ANY
OTHER STATEMENTS PROVIDED ON OR TRANSMITTED THROUGH THIS WEBSITE ARE PROVIDED “AS
IS” WITHOUT ANY WARRANTIES OF ANY KIND – INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
IMAGES, COMMUNICATIONS, OR ANY OTHER INFORMATION PROVIDED ON OR TRANSMITTED
THROUGH THIS WEBSITE MAY BE OUT OF DATE. WE (SCOUTPARTS.COM AND PACIFIC SUPPLY GROUP)
AND OUR RESPECTIVE AFFILIATES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY OR
RESPONSIBILITY TO UPDATE SUCH STATEMENTS, IMAGES, COMMUNICATIONS, OR ANY OTHER
INFORMATION. WE (SCOUTPARTS.COM AND
PACIFIC SUPPLY GROUP) AND OUR RESPECTIVE AFFILIATES DO NOT WARRANT THE
COMPLETENESS OR ACCURACY OF ANY STATEMENTS, MATERIALS, IMAGES, SERVICES, OR
OTHER INFORMATION, PROVIDED ON OR TRANSMITTED THROUGH THIS WEBSITE.
ABOVE-MENTIONED EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES WITH RESPECT TO ANY PRODUCTS (OR SERVICES) LISTED OR PURCHASED ON OR
THROUGH THIS WEBSITE.
PRODUCTS (OR SERVICES) PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS, AND
SUPPLIERS (IF ANY). WE MAKE NO
WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT.
LIMITING THE GENERALITY OF ANY STATEMENT MADE HEREIN, AND TO THE FULLEST EXTENT
ALLOWED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, PRODUCT MISUSE OR ABUSE, PRODUCT
MODIFICATION, OR MISAPPROPRIATION.
EXCLUSIONS OF IMPLIED WARRANTIES CONTAINED HEREIN DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SCOUTPARTS.COM NOR PACIFIC SUPPLY GROUP ASSUMES ANY LIABILITY WHATSOVER FOR ANY
VIRUSES, WORMS, TROJAN HORSES, SPYWARE, MALWARE, OR ANY OTHER UNWANTED PROGRAMS
THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS HARDWARE, INCLUDING ANY
DAMAGE TO ANY SUCH EQUIPMENT, CAUSED BY OR ARISING OUT OF YOUR ACCESS TO,
BROWSING OF, OR ANY OTHER USE OF OUR WEBSITE, INCLUDING ANY DOWNLOADING OF ANY
DATA FROM OUR WEBSITE.
EVENT WILL SCOUTPARTS.COM OR PACIFIC SUPPLY GROUP – OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS,
OR ASSIGNS, OR ANY PARTY INVOLVED IN THE DEVELOPMENT, DESIGN, CREATION,
PRODUCTION, OR TRANSMISSION OF THIS WEBSITE – BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER
DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY DAMAGES THAT RESULT FROM LOST DATA,
LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER INTERRUPTION OF BUSINESS ARISING
OUT OF: (1) THE USE OF THIS WEBSITE, THE RESULTS OF SUCH USE, OR THE INABILITY
TO USE THIS WEBSITE; (2) THE USE OF ANY WEBSITES LINKED TO THIS WEBSITES, THE
RESULTS OF SUCH USE, OR THE INABILITY TO USE ANY WEBSITES LINKED TO THIS WEBSITE;
OR (3) ANY INFORMATION, IMAGES, STATEMENTS, OR OTHER MATERIALS OR SERVICES
CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
YOU EXPERIENCE ANY PROBLEM WHATSOEVER WITH ANY PRODUCT (OR SERVICE) THAT YOU
PURCHASE ON OR THROUGH OUR WEBSITE, YOU AGREE THAT YOUR REMEDY AVAILABLE WILL
BE FROM THE MANUFACTURER OF SUCH PRODUCTS (OR SUPPLIER OF SUCH SERVICES) IN
ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY. YOU MAY SEEK A RETURN AND REFUND FOR SUCH
PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED
ON OUR WEBSITE.
YOU EXPERIENCE ANY PROBLEM WHATSOEVER WITH OUR WEBSITE – INCLUDING ANY STATEMENTS,
INFORMATION, IMAGES, OR ANY OTHER CONTENT – YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING OUR WEBSITE.
LIMITATIONS OF LIABILITY STATED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
of Law and Jurisdiction
or Pacific Supply Group to the extent necessary to resolve any inconsistency or
ambiguity among all the agreements. These
the State of Oregon,
without giving effect to any principles of conflicts of laws. Any action seeking any
relief (at law or in equity) arising out of or relating to our website will be
brought only in a state or federal court located in the State of Oregon.
same extent, and subject to the same conditions, as other business documents
and records originally generated and maintained in printed form. Certain provisions of these Terms and
Conditions may be superseded by legal notices or terms located on particular
pages of our website.
or we may suspend or terminate your use of our website at any time and for any
reason (or for no reason). You are
liable for any orders you place or charge you incur through our website prior
to termination. And we reserve the right
to change, suspend, discontinue, alter, or modify any aspect or part of our website
at any time without notice.