Conditions of Use
Welcome to ScottGrossStore.com, the on-line marketplace of Scott-Gross Company, Inc. ("Scott-Gross"). Scott-Gross and its affiliates provide their services to you subject to the following conditions. If you visit or shop at ScottGrossStore.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future ScottGrossStore.com service (e.g., Your Profile) or visit or purchase from any business affiliated with ScottGrossStore.com, whether or not included in the ScottGrossStore.com Web site (the "Site"), you also will be subject to the guidelines and conditions applicable to such service or business. The existence of the Site and the ability to request information or request or order products through the Site is not an offer to sell or solicit or do business in those countries or jurisdictions in which we are not permitted by law to do business or in which we do not already conduct business. Neither the existence of this site nor the accessibility of content of this site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between Scott-Gross within any country or jurisdiction in which Scott-Gross does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to the content and operation of the Site. For your convenience, the Site may contain hyperlinks to other websites unrelated to Scott-Gross. If you use these links, you will leave scottgrosstore.com. We are not responsible for the privacy practices, security or content of any such linked sites. Links to other sites do not imply that Scott-Gross endorses, approves, or sponsors any information available at the linked site or any products or services that may be sold there, nor is Scott-Gross liable for any damage that might result from your use of such information, products or services. We make no representations about the hyperlinks that other parties may appear to have to this site but which are not active links to the most current information.
DISCLAIMER
THE MATERIALS IN THIS SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE MATERIALS IN THIS SITE, SCOTT-GROSS DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCOTT-GROSS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THE RESPECTIVE DATES SUCH MATERIALS ARE PUT ON TO THE SITE. SCOTT-GROSS UNDERTAKES NO OBLIGATION TO KEEP SUCH INFORMATION CURRENT. CERTAIN LINKS IN THIS SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. BECAUSE SCOTT-GROSS HAS NO CONTROL THROUGH THIS SITE ON THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY SITES, SCOTT-GROSS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SCOTT-GROSS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
SCOTT-GROSS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY, OR AN ENDORSEMENT BY SCOTT-GROSS OF THE LINKED SITE. SCOTT-GROSS ALSO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH LINKS OR LINKED SITES, NOR WARRANTS THE RESULTS TO BE OBTAINED FROM USING SUCH LINKS OR LINKED SITES FOR ANY PURPOSE, INCLUDING FOR THE PURCHASE OF ANY GOODS OR SERVICES. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SCOTT-GROSS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE INFORMATION AVAILABLE IN THIS SITE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, HARDWARE OR SOFTWARE FAILURES, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, THE USE OF INFORMATION ON THIS SITE, AVAILABILITY OF RESOURCES TO SERVICE THE APPLICATIONS ON THIS SITE, OR FORCE MAJEURE EVENTS.
PRIVACY
Please review our Privacy Notice, which also governs your visit to ScottGrossStore.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Scott-Gross or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Scott-Gross and is protected by U.S. and international copyright laws. All software used on this site is the property of Scott-Gross or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Scott-Gross Co. Inc., Thoroughbred Industrial Cylinder Exchange, LLC, ScottGrossStore.com, ScottGross.com, GasPonyStore.com, GasPony.com, and GasPony3 graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Scott-Gross Company, Inc. or its affiliates in the U.S. and/or other countries. Trademarks and trade dress of Scott-Gross Company, Inc may not be used in connection with any product or service that is not on the Site, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scott-Gross. All other trademarks not owned by Scott-Gross Company, Inc or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scott-Gross Company, Inc or its affiliates.
LICENSE AND SITE ACCESS
Scott-Gross grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Scott-Gross. This license does not permit any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Scott-Gross. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Scott-Gross and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Scott-Gross' name or trademarks without the express written consent of Scott-Gross. Any unauthorized use terminates the permission or license granted by Scott-Gross. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Scott-Gross so long as the link does not portray Scott-Gross, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Scott-Gross' logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Scott-Gross does not sell products to children. Scott-Gross sells only to adults, who can purchase with a credit card. If you are under 18, you may use ScottGrossStore.com only with involvement of a parent or guardian. Scott-Gross and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Scott-Gross reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit comments, suggestions, ideas, or other information, and unless we indicate otherwise, you grant Scott-Gross and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Scott-Gross and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Scott-Gross or its affiliates for all claims resulting from content you supply. Scott-Gross has the right but not the obligation to monitor and edit or remove any activity or content. Scott-Gross takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Scott-Gross and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Scott-Gross are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Scott-Gross and its affiliates attempt to be as accurate as possible. However, Scott-Gross does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Scott-Gross itself is not as described, your sole remedy is to return it in unused condition pursuant to our Shipping and Returns Policy.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by Scott-Gross, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has been reviewed. Despite our best efforts, a small number of the items in our catalog may be incorrectly priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Credit cards are charged after we confirm an order is accurate and entered into the beginning of our shipping pipeline.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Scott-Gross or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Lexington, Kentucky, except that, to the extent you have in any manner violated or threatened to violate Scott-Gross' intellectual property rights, Scott-Gross may seek injunctive or other appropriate relief in any state or federal court in the state of Kentucky, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, privacy notice, and shipping and returns policy, posted on this site. These policies also govern your visit to the Site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Scott-Gross Company, Inc.
321 Venable Rd
Winchester, KY 40502
http://www.ScottGross.com
http://www.ScottGrossStore.com
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