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The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Use Of Site
Terms and Conditions:
PLEASE READ THE FOLLOWING CAREFULLY TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright:
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of theScaffoldWarehouse.com. The collective work includes works that are licensed to theScaffoldWarehouse.com. Copyright 2007, theScaffoldWarehouse.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with theScaffoldWarehouse.com or purchasing theScaffoldWarehouse.com products. You may display and, subject to an Warehousely stated restrictions or limitations related to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with theScaffoldWarehouse.com or to purchase theScaffoldWarehouse.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by theScaffoldWarehouse.com. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
Trademarks:
All trademarks, service marks and trade names of theScaffoldWarehouse.com used in this site are trademarks or registered trademarks of theScaffoldWarehouse.com.
Warranty Disclaimer:
TheScaffoldWarehouse.com offers a 5-year Warranty, against manufacturer's defect. The 5-year Warranty applies to the original owner only. The original owner must provide proof of purchase. If it is determined by the manufacturer, that a defect exists, the original owner will be refunded the original purchase price, or a suitable replacement of the defective product only. This warranty is non-transferable and expires 5-years from the date of purchase. Products including wood are not covered by this warranty.
Limitation of Liability:
theScaffoldWarehouse.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if theScaffoldWarehouse.com, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors:
In the event that a theScaffoldWarehouse.com, Inc product is mistakenly listed at an incorrect price, TheScaffoldWarehouse.com, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TheScaffoldWarehouse.com, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TheScaffoldWarehouse.com, Inc shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TheScaffoldWarehouse.com, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice:
TheScaffoldWarehouse.com, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TheScaffoldWarehouse.com, Inc.
Miscellaneous:
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TheScaffoldWarehouse.com, Inc products) shall be in the state or federal courts located in Harris County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TheScaffoldWarehouse.com, Inc products) must be commenced within one (1) year after the claim or cause of action arises. TheScaffoldWarehouse.com, Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TheScaffoldWarehouse.com, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TheScaffoldWarehouse.com, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer:
TheScaffoldWarehouse.com, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TheScaffoldWarehouse.com, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TheScaffoldWarehouse.com, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TheScaffoldWarehouse.com, Inc in its sole discretion.
Indemnification:
You agree to indemnify, defend, and hold harmless TheScaffoldWarehouse.com, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links:
In an attempt to provide increased value to our visitors, TheScaffoldWarehouse.com, Inc may link to sites operated by third parties. However, even if the third party is affiliated with TheScaffoldWarehouse.com, Inc, TheScaffoldWarehouse.com, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TheScaffoldWarehouse.com, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TheScaffoldWarehouse.com, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Return Policy:
If a customer is not satisfied with a ScaffoldWarehouse.com product, the customers may, at their own expense, return the new, unused product for a refund. All refunds will be issued to the original credit card used for the purchase and all returns are subject to a twenty five percent (25%) restocking fee.
If ScaffoldWarehouse.com ships a customer the wrong product(s), ScaffoldWarehouse.com will ship the replacement product(s) at no cost to the customer. ScaffoldWarehouse.com will also make arrangement to have the wrong product(s) returned to ScaffoldWarehouse.com.
Damage/Shortage Policy:
Customers must inspect all ScaffoldWarehouse.com products for damage (hidden or visible) before accepting the product(s). Please note that damage may occur during transit and the following policy will apply. ScaffoldWarehouse.com will not be responsible for damaged (hidden or visible), lost, stolen or missing products that are not reported within the allowable timeframe.
Damaged items:
The customer is responsible for inspecting all ScaffoldWarehouse.com items immediately upon delivery. Any/all damage must be noted on the original Bill of Lading in the presence of the driver. The customer must notify ScaffoldWarehouse.com no later than the end of the next business day. If it is determined that the damage was caused during transit and the customer reported the damage using the above policy, ScaffoldWarehouse.com will ship the replacement product(s) at no cost to the customer. ScaffoldWarehouse.com will also make arrangement to have the damaged products returned to ScaffoldWarehouse.com.
Hidden Damage:
If hidden damage (i.e., boxed items) is discovered after the customer has accepted the product, the customer must notify ScaffoldWarehouse.com within thirty six (36) hours of delivery. If it is determined that the damage was caused during transit and the customer reported the damage using the above policy, ScaffoldWarehouse.com will ship the replacement product(s) at no cost to the customer. ScaffoldWarehouse.com will also make arrangement to have the damaged products returned to ScaffoldWarehouse.com.
Missing items:
The customer is responsible for inspecting all ScaffoldWarehouse.com items immediately upon delivery. All missing items must be noted on the original Bill of Lading in the presence of the driver. The customer must notify ScaffoldWarehouse.com no later than the end of the next business day. If it is determined that the customer is missing items paid for, and the customer reported the damage using the above policy, ScaffoldWarehouse.com will ship the replacement product(s) at no cost to the customer.
- Privacy Policy
The Scaffold Warehouse strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience on TheScaffoldWarehouse.com.
We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number or other information about you that could potentially identify you) subject to the terms of this privacy policy. Please note this policy applies only to information collected by Scaffold Warehouse through TheScaffoldWarehouse.com and does not impact information collected or used by Scaffold Warehouse or its Affiliates through other means. How we gather information from users.
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on our site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of our site, sign up for membership, request certain features (e.g., newsletters, news updates and other products), sign up for a newspaper subscription or make a purchase. You may also provide information when you participate in sweepstakes and contests, voting and polling activities, message boards and chat rooms and other interactive areas of our site. Like most Web sites, Scaffold Warehouse.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use "cookie" technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site.
As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the site or may require you to re-enter your user name and password. Additionally we may not be able to customize the site's features according to your preferences. What we do with the information we collect. We will use your information only as permitted by law and as set forth in this policy.
Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.
We also collect information to enhance your visit and deliver more individualized content and advertising. For example, we may use Personally Identifiable Information collected on TheScaffoldWarehouse.com to communicate with you regarding our Terms of Service and this Privacy Policy, products and services offered by Scaffold Warehouse and other Scaffold Warehouse Affiliates (defined below) and partners, administration of sweepstakes and contests, processing e-commerce transactions and other topics we think you might find of interest. In some cases we may combine Personally Identifiable Information collected on TheScaffoldWarehouse.com with demographic or other information (such as census records or customer information in our regular business records) to assist with tailoring advertising to your preferences and behaviors, and for other sales and marketing efforts of Scaffold Warehouse and its Affiliates.
We reserve the right to share information with other Scaffold Warehouse business units and any entities that control, are controlled by, or are under common control with, Scaffold Warehouse (collectively, "Affiliates"), including without limitation Scaffold Warehouse's and its Affiliates' newspapers, websites and broadcast stations. This policy does not apply to any Affiliate's use of such information. Personally Identifiable Information collected by Scaffold Warehouse may also be used for other purposes including but not limited to site administration and troubleshooting. Certain third parties who provide technical support for the operation of our site (our Web hosting service and our newsletter provider, for example) may access such information. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets.
We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.
Your choice to opt out. The quality news and information on TheScaffoldWarehouse.com is supported by advertising revenue and a controlled program of e-mail marketing is an important element of our online publishing business. Like other Web publishers, we sometimes permit our advertising and promotional partners to e-mail you about services, features, products, special offers and unique content we believe might interest you. If you prefer not to receive e-mail communications sent directly from our advertisers or promotional partners, you will be given an opportunity to decline before you provide us information we might use for this purpose. If you decline at the time you provide us such information, we will not share the Personally Identifiable Information you provide with non-Affiliate advertisers for such purposes, though we may on occasion send you information on their behalf. Affiliated sites, linked sites and advertisements.
Scaffold Warehouse expects its partners, advertisers and third-party Affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, Affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a TheScaffoldWarehouse.com page, certain content that is actually created or hosted by a third party. Also, through TheScaffoldWarehouse.com you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. Scaffold Warehouse is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Through features available on our site, third parties may use cookies or other technology to gather information. Scaffold Warehouse does not control the use of this technology or the resulting information and is not responsible for any actions or policies of such third parties. A cookie gets entered by your Web browser into the "Cookies" folder on your hard drive after you close your browser, and may be used by your browser on subsequent visits to the site. We use persistent and session cookies to analyze and enhance your experience on the site, and use third party ad technology to serve ads.
The data that is collected is the property of Scaffold Warehouse, not the third party. We also allow third parties called ad networks or ad servers to serve ads to you on TheScaffoldWarehouse.com. Cookies enable them to compile information about where you, or others who have used your computer, saw their advertisements and determine which ads are clicked on. This information makes it possible for the ad technology, ad servers and ad networks to deliver targeted advertisements to you on TheScaffoldWarehouse.com.
Scaffold Warehouse does not have access to the cookies that may be placed on your computer by third-party ad technology, ad servers or ad networks. Scaffold Warehouse maintains relationships with a number of third-party networks, including without limitation Doubleclick.
Those parties that use cookies may offer you a way to opt out of ad targeting. You may find more information at the Web site of the individual ad network or the Network Advertising Initiative. Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Scaffold Warehouse and this policy.
Scaffold Warehouse does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Scaffold Warehouse has any information from or about anyone under 13, please contact us .
California Privacy Rights Beginning January 1, 2005, California law permits visitors who are California residents to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please send an email.
Changes to this policy. Scaffold Warehouse reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected. Governing law. TheScaffoldWarehouse.com is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer. Copyright © 2009, Scaffold Warehouse LLC.
- Shipping & Delivery
At this time, The Scaffold Warehouse ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, The Scaffold Warehouse ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
- Sales Tax
The Scaffold Warehouse charges a 8.25% sales tax for merchandise ordered on this Web site and shipped to a Texas address.
