Scoutparts.com Terms and Conditions of Use

 

Last updated: 19 May 2008.

 

This document describes the terms and conditions for using our website in addition to our Privacy Policy and Other Legal Policies. 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:

 

Scoutparts.com
Phone: 503-772-0070

2704 SE Steele St. Fax: 503-772-1737

Portland, OR 97202 Email: website-inquiries@scoutparts.com

 

Scoutparts.com is a subsidiary business within the Pacific Supply Group family of businesses (http://www.pacsupplyco.com).

 

By 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.

 

Use of Our Website

 

Every 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.

 

Our website (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.

 

Please feel free to contact us if you have any questions at all about proper use of our website.

 

Linking to Our Website

 

You 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.

 

We appreciate 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 linking.

 

Running, displaying, or otherwise transferring any content from our website on or into frames or similar means on another website without our prior written permission is prohibited.

 

Any permitted links to our website must comply will all applicable laws, rules, and regulations (including local, state, federal, and international laws).

 

Links to Other Websites

 

We 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.

 

Using 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.

 

In 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.

 

Placing Orders

 

We 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.

 

We 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.”

 

Shipping

 

With 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.  

 

Orders 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 international laws.

 

Product Specifications

 

The 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.

 

We 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 our website.

 

When 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.

 

Misuse and Inappropriate Material

 

We 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.”

 

We 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.

 

If 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 prohibitions.

 

Additionally, 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.

 

User Information

 

Personally identifiable information transmitted to our website is subject to our accompanying Privacy Policy.  Please read that document so you know what we’re doing with the information that we collect from you.

 

Any 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 Privacy Policy) that you transmit, send, or post to our website will be 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.

 

We, 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.

 

We 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.  

 

We 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.

 

And we reserve the sole right to remove, redact, or expunge any or all User Communications that we deem inappropriate or unacceptable.

 

Here 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.

 

Disclaimers

 

YOUR 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.

 

STATEMENTS, 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.

 

THE 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.

 

TO 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.

 

ALL 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.

 

WITHOUT 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.  

 

THE 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.

 

NEITHER 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.

 

IN NO 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 SUCH DAMAGES.

 

IF 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.

 

IF 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.

 

THE LIMITATIONS OF LIABILITY STATED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Changes to these Terms of Use

 

These Terms of Use may be revised at any time by updating this posting.  These Terms of Use are binding upon you, so please visit this page occasionally to review the current Terms of Use.

 

Choice of Law and Jurisdiction

 

These Terms of Use supersede any other agreement between you and either Scoutparts.com or Pacific Supply Group to the extent necessary to resolve any inconsistency or ambiguity among all the agreements.  These Terms of Use will be governed by and construed in accordance with the laws of 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.

 

A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the 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.

 

Termination

 

You 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.