Terms of service
TERMS OF SERVICE
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OVERVIEW
This website is operated by Scalesgear.com. Throughout the site, the terms “we”, “us” and “our” refer to Scalesgear.com. Scalesgear.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Scalesgear.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Scalesgear.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of SCALES
222 Clematis Street, Suite #204 West Palm Beach, FL. 33401
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@scalesgear.com.
SECTION 21 - PROMOTION TERMS
FREE SHIPPING
Scalesgear.com Free Shipping offer is valid on orders $150 or more. Orders that qualify can only be delivered in the continental United States. No promo code required. Not valid on previous purchases. Exclusions include: Scales Staff Golf bag, Scales Cart Golf bag, Scales Stand Golf Bag, and items shipped directly from the vendor. Additional exclusions may apply. If you return all or some of the merchandise, the dollar value of this promotion is not refunded or credited to your account. Free Shipping applies only to Standard Shipping rates (UPS Ground Only) and Domestic Shipping in the continental United States.
SCALES ELEVATE YOUR LOOK FOR THE YEAR OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
How to Enter: Scalesgear.com, Inc. ("Sponsor") is offering the "Scales Elevated Your Look For The Year Sweepstakes" (the "Sweepstakes'') and will award one (1) Grand Prize via a random selection of valid entries. To enter, visit https://scalesgear.attn.tv/p/kww/landing-page and fill out the entry form. Fully complete the form, including your first and last name, email address, your interests and submit the required information to be automatically entered.
This promotion begins at 12:00 AM, June 10th, 2024, U.S. Eastern Daylight Time (EDT) and ends September 10th , 2024 at 11:59 PM, U.S. Eastern Daylight Time (EDT), unless modified as described below under "Entry Period Modification". Limit to one (1) entry per person. If a person is awarded any prize, that individual is no longer eligible for any further prizes. Any attempt by a person to enter more than once and/or with multiple e-mail accounts may result in disqualification at the discretion of the Sponsor.
Prizes: One (1) Grand Prize will be awarded. The Grand Prize consists of twelve Scales Polos, six Scales Pants, and six Scales Walkshorts for up to a total retail value of $2,000. Alternatives for women will be provided with polos and skorts Total of the one (1) Grand Prize will have a retail value of: $2,000
Actual value of prizes may vary. Any difference between the stated approximate retail value and the actual value of the prizes will not be awarded. Winners are responsible for all taxes, license, and registration fees. The odds of winning are determined by the total number of valid entries received within the entry period. All prizes or equivalent prizes will be awarded. Sponsor reserves the right to substitute an item of equal or greater value for any prize.
Eligibility: Sweepstakes open to legal U.S. residents in continental United States (excluding residents of Puerto Rico, Hawaii and Alaska) who have reached the age of majority in their state of residence at the time of entry and have a valid email account. Employees of Sponsor, its parent and affiliated companies, Scales authorized distributors, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the design, execution or production of the promotion and the immediate family members and/or those living in the same household of each such employee are not eligible.
General: Potential winners will be determined via a random selection from all valid eligible entries on or about September 16th, 2024. Prizes will be awarded to the authorized account holder of the submitted internet e-mail address regardless of the individual who submitted the entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet Service Provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses. Potential winners will be notified by email and/or telephone within three (3) days of drawing and will be required to respond with prize acceptance information to include proof of age and complete home address. If a potential winner fails to respond within three (3) days of first notification, the prize is forfeited, and an alternate winner will be randomly selected. If any prize or prize notification is returned as undeliverable, the prize will be forfeited, and an alternate winner will be randomly selected. If the name and mailing address of the account holder of the e-mail address does not match the name and address provided during submission, the prize is forfeited, and an alternate winner will be randomly selected.
Liability Release: By entering the Sweepstakes, each participant agrees to indemnify, release and hold harmless Sponsor, Scales Gear, Inc. and each of its parent and affiliated companies, employees, officers, directors, shareholders, agents, and representatives of sponsor affiliates from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from his or her acceptance, possession, use or misuse of any prize or the administration of this Sweepstakes. Under no circumstances will any entrant be permitted to obtain awards for, and entrants waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. Winners will be required to sign a liability /release waiver prior to fulfillment of any/all prizes.
Acceptance of Rules: By entering, participants:
- Agree to comply with and be bound by the official rules and the decisions of the Sponsor, which are final and binding in all respects.
- Agree to release Sponsor and its employees and agents from any and all liability, loss, damage or injury resulting from participation in this promotion or from the awarding, receipt, possession use and/or misuse of the prize.
- Consent to use of his/her name, city, state, photograph and/or likeness, for advertising and promotional purposes in all media worldwide and in perpetuity without additional compensation, unless prohibited by law.
- Consent and agree that Sponsor and its participating promotional partners involved with this Sweepstakes may share and use the personal information you provide for marketing purposes. This may include marketing on social media sites where you are a member, by matching activities or information collected on our websites and online advertisements with those collected on third party sites (“Targeted Advertising”) and sharing information with the commercial promotional partners for them to use, all in accordance with their respective privacy policies.
Scales Gear, Inc. will use the information provided to identify entrants into the sweepstakes, verify eligibility for prizes, and to contact winners.
Entries: Sponsor is not responsible for any lost, late, delayed, misdirected, incorrect or inaccurate information or entries that are misdirected or misrouted as a result of interrupted or unavailable network connections or internet transmissions for any reason, or any failure of the website, or for any computer, phone, phone line hardware or software malfunction, failure or error of any kind, whether mechanical, human or electronic. All entries are the property of the Sponsor.
Interference: Any attempt to deliberately damage any on-line service or website or to undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Makita reserves the right to disqualify such entrant and to seek damages from any such person to the fullest extent of the law.
Entry Period Modification: Sponsor reserves the right to terminate, extend, suspend, or otherwise modify the entry period for Sweepstakes and select winners in a random drawing from among all eligible entries received during the modified entry period. The foregoing right to modify the period during which entries may be accepted may be exercised in the sole discretion of Sponsor, including, without limitation, if Sponsor determines that the Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes.
Winners List: For the names of the winners, send a self-addressed stamped envelope to: Scales Gear Elevate Your Look For The Year Sweepstakes Winners List, PO Box 50548, Lighthouse Point, FL 33074. Requested winners list will be sent after winners are verified.
Sponsor: The Sponsor of this Sweepstakes is Scales Gear., Inc., with an address of PO Box 50548, Lighthouse Point, FL 33074. This Sweepstakes is subject to these Official Rules and all federal, state, and local laws and regulations. Void where prohibited. This Sweepstakes will be governed by the laws of Florida and the United States and by entering you consent to jurisdiction and venue in the courts of Florida.
Thank you.
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