Scar and Co. Terms and Conditions

Agreement between User and Scarandco.com

Welcome to Scarandco.com. The Scarandco.com website (the "Site") is comprised of various web pages operated by Scar and Co.  Scarandco.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of scarandco.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Scarandco.com is an E-Commerce Site, which informs our visitors about, and provides the opportunity to  purchase, the magnet products we offer to athletes for use in a various sports and events, such as dance auditions, races and more. 

Packaging and Product Warning

WARNING: Products sold by scarandco.com may include small magnets and plastic packaging.  These magnets and packaging are not a toy and may present a choking hazard to young children, and should only be used on children with parental supervision.  Magnets may interfere with medical devices and you should consult with your doctor prior to using.  Our products may contain rare earth magnets.  Our product has not been tested with timing devices, heart monitors, RFID or any other medical devices a use is at your own risk.

Scar and Co. Privacy Statement

This Statement of Privacy applies to Scar and Co. (hereinafter referred to  as  “Company”) and governs  data collection  and  usage.  For  the  purposes  of  this Privacy  Policy,  unless  otherwise  noted,  all  references  to Company  include Scar and Co. and scarandco.com.

The Company’s website  is  a  marketing  services  site.  By  using  the  website,  you  consent  to the data practices described in this statement.

 

Collection of your Personal Information

The Company may collect personally identifiable information, such as your name, address, email address, phone number, and payment information.

If you purchase the Company’s products, we collect billing and credit card information. This information is used to complete the purchase transaction. The  Company may  also collect anonymous  demographic  information,  which  is  not unique  to  you,  such  as your: IP  address, browser,  domain  names,  access  times  and referring website addresses.  This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the Company website.

We may gather additional personal or non personal information in the future. The Company encourages you to review the privacy statements of websites you choose to link to from the  Company so  that you can understand how  those  websites  collect, use and share  your  information. The  Company is  not  responsible  for  the  privacy statements or other content on websites outside of the the Company website.

 

Use of your Personal Information

The Company collects and uses your personal information to operate its website(s) and deliver the services you have requested. The  Company may  also  use  your  personally identifiable  information  to  inform  you  of other products or services available from the Company and its affiliates. The Company may  also  contact  you via  surveys  to  conduct  research  about  your  opinion  of  current services or of potential new services that may be offered. The Company does not sell, rent or lease its customer lists to third parties. The  Company may,  from  time  to  time,  contact  you on  behalf  of  external  busi-ness partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred  to  the  third  party. The Company may share  data  with  trusted  partners  to help  perform  statistical  analysis,  send  you  email  or  postal  mail,  provide  customer support, or arrange for deliveries. All such third parties are prohibited from using your personal  information  except  to  provide  these  services  to the  Company,  and  they  are required to maintain the confidentiality of your information. The  Company may  keep  track  of  the  websites  and  pages  our  users  visit  within the Company, in order to determine what the Company services are the most popular. This data  is  used  to  deliver  customized  content  and  advertising  within the  Company to customers  whose  behavior  indicates  that  they  are  interested  in  a  particular  subject area. The Company will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b)  protect  and  defend  the  rights  or  property  of the  Company; and,  (c)  act under exigent circumstances  to protect the personal safety  of users  of the Company, or the public.

 

Automatically Collected Information

Information  about  your  computer  hardware  and  software  may  be  automatically collected by the Company. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for  the  operation  of  the  service,  to  maintain  quality  of  the  service,  and  to  provide general statistics regarding use of the the Company website.

 

Children Under Thirteen

The  Company does  not  knowingly  collect  personally  identifiable  information  from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

 

Cookies Policy

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies  are sent  to  your  browser  from  a  web  site  and  stored  on  your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct  your  browser to  refuse  all cookies  or to  indicate  when  a  cookie  is  being  sent. However,  if  you  do  not  accept  cookies,  you  may  not  be  able  to  use  some portions  of our Site.

 

Security

The  security  of  your  Personal  Information  is  important  to  us,  but  remember  that  no method  of transmission  over  the  Internet,  or  method  of  electronic  storage,  is  100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

Opt-Out & Unsubscribe

We  respect  your  privacy  and  give  you  an  opportunity  to  opt-out  of  receiving announcements  of  certain  information.  Users  may  opt-out  of  receiving  any  or  all communications from the Company by contacting us here:

 

Scar and Co.
1049 Sylvan Circle
Naperville, Illinois 60540
scarandco1@gmail.com
(330) 418-8828

 

Cookies

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our cookies policy listed in our Privacy Statement.

 

Electronic Communications

Visiting Scarandco.com or sending emails to Scar and Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Use of Website by Minors

This website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website if you are a minor.

 

Cancellation/Refund Policy

We do not offer refunds on product orders, but may offer exchanges on a case by case basis.

 

Payment Terms

You will provide us with valid and updated credit card information or with an alternate form of payment acceptable to Scar and Co.  If you provide  credit card information to Scar and Co., you authorize us to charge such credit card for all purchased services listed in the order form for all purchased products.  Such charges shall be made at the time of purchase of our product(s).  You are responsible for providing complete and accurate billing and contact information to us and notifying Scar and Co. of any changes to such information.  As part of our website sales, we will need to collect personal information, including but not limited to, credit card, names, addresses.  This information will only be used for payment collection and order purposes.

 

Purchased Services

You acknowledge that all goods or services purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.  Scarandco.com reserves the right to accept or reject your order for any reason at any time.  If scarandco.com rejects your order, you will receive a full refund of any monies paid.

   

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use scarandco.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Scar and Co. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Scar and Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Scar and Co. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Scar and Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Scar and Co. or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by Scar and Co. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Scar and Co. Content accessed through scarandco.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Scar and Co., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Scar and Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Scar and Co. in asserting any available defenses.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Scar and Co. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCAR AND CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

SCAR AND CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCAR AND CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCAR AND CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Scar and Co. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Scar and Co. reserves the right, in its sole discretion, to terminate your access to the Site and its related products or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Scar and Co. as a result of this agreement or use of the Site. Scar and Co.performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Scar and Co.right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Scar and Co. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Scar and Co. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Scar and Co. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Assignment

Scar and Co. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under the Terms without any notification or consent required.  However, you shall not be permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms.

 

Changes to Terms and Privacy Statement

Scar and Co. reserves the right, in its sole discretion, to change the Terms and Conditions, and/or Privacy Statement under which scarandco.com is offered. The most current version of the Terms will supersede all previous versions. Scar and Co. encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Scar and Co. welcomes your questions or comments regarding the Terms and Conditions and Privacy Statement:

 

Scar and Co.
1049 Sylvan Circle
Naperville, Illinois 60540
Email Address: scarandco1@gmail.com

Telephone number: (330) 418-8828

 

Effective as of February 26, 2020