PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Welcome to GKScott.com. G.K. Scott, LLC ("GK Scott" or “we”) provides you access and use of this website (the “Site”) subject to these Terms of Use (the “Terms”). By accessing or using the Site, you agree to abide by these Terms, as they may be amended by GK Scott from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and GK Scott. In addition, when visiting or using certain Site features, you may be subject to additional posted agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms of service, as they may be amended by GK Scott from time to time in its sole discretion, are hereby incorporated by reference into these Terms. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable or you do not have authority to agree or accept these Terms, you may not use the Site.

1. LICENSE AND ACCESS TO SITE
GK Scott grants you a limited noncommercial, nonexclusive, nontransferable license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GK Scott.

2. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Children 14 years of age and older may only use the Site if (a) their parent or legal guardian has agreed to these Terms, and (b) their use is permitted and supervised by their parent or legal guardian. If you make a purchase on the Site, you agree to complete the checkout process by providing true, accurate and complete information requested on the checkout page (“Checkout Data”).

3. MERCHANDISE DESCRIPTIONS AND PRICING
GK Scott strives for the Site to be as accurate as possible. However, GK Scott does not represent or warrant that merchandise descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. For example, merchandise included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell merchandise or services. We reserve the right, without prior notice, to limit the order quantity on any merchandise or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. If merchandise offered on the Site is not as described, your sole remedy is to return it within seven (7) days of delivery in accordance with Section 5, Returns and Refunds; provided, however, custom or special orders are nonrefundable. Despite our best efforts, a small number of the items on our Site may be mispriced. 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. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the merchandise ordered will be used only in a lawful manner.

4. PAYMENT TERMS; INTEREST; ORDERS
Terms of payment are within the GK Scott's sole discretion, and unless otherwise agreed to by the GK Scott, payment must be received by the GK Scott prior to the GK Scott's acceptance of an order. Payment for merchandise orders will be accepted via credit card and PayPal. Your order is subject to cancellation by GK Scott at GK Scott's sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys' fees), incurred by the GK Scott in collecting past due amounts from you.

5. RETURNS AND REFUNDS
You may return any merchandise (except special or custom orders) sold by GK Scott within seven (7) days of delivery for a full refund (less shipping costs); provided that: (i) you first contact GK Scott and obtain a return merchandise authorization (“RMA”) number and return shipping instructions; (ii) merchandise must be returned to GK Scott, postage prepaid, in its original merchandise packaging with the original Sales Invoice; and (iii) merchandise must be unused and in the same condition as it was shipped. Merchandise that has been used, altered, or damaged will not be accepted. On International orders, refunds will not include any customs or import duties, brokerage fees, or taxes paid on shipments, unless the item was not as described or pictured on the Site. Your refund will be issued once we have received and processed the returned merchandise.

6. SHIPPING; RISK OF LOSS; TITLE; TAXES
Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Shipping dates are estimates only. Risk of loss and title for all items purchased from GK Scott pass to you upon our delivery to the carrier. You are responsible for sales and other taxes associated with all orders. Title to all intellectual property rights will remain with the applicable licensor(s).

7. PRIVACY POLICY
GK Scott is committed to maintaining the privacy and security of information that you provide to GK Scott through the Site. Checkout Data and certain other information about you are subject to our Privacy Policy. By using the Site you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to or from the United States and/or other countries for storage, processing and use by GK Scott and its affiliates. For more information, see our full Privacy Policy at http://www.gkscott.com/Privacy/.

8. USE OF SOFTWARE
GK Scott may make certain software available to you from the Site. If you use software on or from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by GK Scott, or its licensors, for your limited, personal, nonexclusive, nontransferable use only. Using the Software is at your sole risk.

9. USE RESTRICTIONS
GK Scott imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:

You further agree that you will not create links from any website or web page to the Site, except that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site (“Homepage”); provided that (i) the link does not portray GK Scott, or its merchandise or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) except as provided herein, you may not use any GK Scott logo or other proprietary graphic or trademark as part of the link without express written permission; and (iii) the link to the Homepage must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Homepage. For example, prominently positioning the GK SCOTT™ trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the GK SCOTT™ mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between GK Scott, and you or any other person or entity. If GK Scott, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Homepage, you agree to promptly comply. You agree that if you create any link to the Homepage that you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Site content from how it normally appears in a browser.

GK Scott reserves the right to investigate suspected violations of these Terms; provided, however, GK Scott is under no obligation to do so. If GK Scott becomes aware of a possible violation, GK Scott may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If GK Scott believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site and/or deleting any materials from GK Scott’s system. GK Scott, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. GK Scott reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. GK Scott intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to GK Scott, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GK Scott $50.00 for each such unsolicited email or other unsolicited communication you send through the Site.

10. USER SUBMISSIONS
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to GK Scott in connection with your use of the Site (collectively "Submissions") shall be owned exclusively by GK Scott. You agree that GK Scott shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.

11. THIRD PARTY SERVICES AND SITES
The Site may provide links to other websites or resources. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. GK Scott makes no endorsement or guarantee about the content, goods or services provided by such Third Party. GK Scott shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Site; (ii) any insufficiency of or problems with any such Third Party's background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release GK Scott, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms govern your use of any and all third party content. You hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

12. STORAGE AND ACCESS
GK Scott shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Site.

13. MODIFICATIONS
GK Scott may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Site; and (iii) discontinue any of the Site, or any of its constituent parts, including, without limitation, any merchandise featured on the Site, at any time. GK Scott shall post any revision to these Terms, and the revised Terms shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. Your continued use of any of the Site shall constitute your acceptance of the revised Terms. If you do not agree to any of such changes, you may terminate these Terms and immediately cease all access and use of the Site. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms.

14. TERMINATION
You acknowledge and agree that GK Scott may at any time in its sole discretion terminate your access to and use of the Site, or any part thereof, with or without notice. You agree that upon termination GK Scott may delete all files and information related to your use, if any, and may bar your access to the Site, and that you will immediately destroy any GK Scott Software in your possession or control..

15. PROPRIETARY RIGHTS
The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software, technology components and contents of the Site are copyright 2008-2009, G.K. Scott, LLC or its licensors. All rights reserved. You agree that as between the parties, GK Scott is the exclusive owner of the Site, Software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Site, HTML scripts, the uniform resource locators (URL’s) for the Site, the organization and layout of the Site, all GK Scott trademarks (including without limitation GK SCOTT™ and the GK SCOTT™ logo), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “GK Scott IP”). Any goodwill attached to, or generated by, such GK Scott IP is owned exclusively by GK Scott, or its licensors, and shall inure solely to the benefit of GK Scott, or its licensors. Nothing contained herein or on the Site should be understood as granting you any right or license to any of the GK Scott IP, except as expressly granted herein. All rights not expressly granted herein are reserved by GK Scott, or its licensors. GK Scott, or its licensors, retains full and complete title to the GK Scott IP. Except as expressly allowed by governing law, you shall not: (i) use or copy the GK Scott IP in any manner not specifically set forth herein; (ii) include GK Scott IP in your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to GK Scott IP; (iv) have any claim of ownership in the GK Scott IP; or (v) sell, redistribute, transfer, sublicense or reproduce the GK Scott IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the GK Scott IP to a human-perceivable form. These Terms do not limit any rights that GK Scott may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Site, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

16. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GK SCOTT, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR OTHER WEBSITE(S) YOU ACCESS THROUGH THE SITE, CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF GK SCOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY INFORMATION, MERCHANDISE AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (VI) MERCHANDISE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, MERCHANDISE MISUSE, ABUSE, MERCHANDISE MODIFICATION, IMPROPER MERCHANDISE SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR MERCHANDISE; (VIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (X) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; (XI) AND/OR (XI) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE MERCHANDISE.

IN NO EVENT SHALL GK SCOTT, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM GK SCOTT, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO THE SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED GK SCOTT TO ENTER INTO THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, GK SCOTT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT GK SCOTT, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

18. INDEMNITY
You agree to defend, indemnify and hold GK Scott, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Site, your connection to the Site, your violation of the terms of these Terms, or your violation of any third party's rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of these Terms.

19. GENERAL INFORMATION