Terms & Services
PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE AND/ OR PLACE AN ORDER WITH SCOUT & NIMBLE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES. SCOUT & NIMBLE RESERVES THE RIGHT TO MODIFY OR AMEND THESE TERMS AT ANY TIME, AT OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE. WE ENCOURAGE YOU TO REVIEW THESE TERMS FREQUENTLY TO STAY INFORMED ABOUT ANY UPDATES OR CHANGES.
This website that you are visiting, www.scoutandnimble.com (the “Website”), is owned by Scout & Nimble, LLC (the “Company”).
Privacy Policy
Please refer to our privacy policy to understand how we collect, use, protect and disclose your information.
Illegal or Abusive Usage
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our website. You may not use the Company’s Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, Company will suspend your account or usage as applicable.
Electronic Communication:
When you visit our website 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 Company protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.
Trademarks:
www.scoutandnimble.com OR Scout & Nimble, LLC and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company 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 Company.
License and Site Access:
Company 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. This license does not include 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; 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 Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company’s name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
Risk of Loss:
All items purchased from Company 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.
Payment & Dispute
While we strive for accuracy and reliability in our site content, occasional data errors may occur. Therefore, we do not warrant the site's accuracy and reliability. Consequently, if a product is listed incorrectly, sold at an incorrect price, or if a discount code is applied incorrectly, we reserve the right to refuse or cancel the order.
Any dispute relating in any way to your visit to our website or to products or services sold or distributed by Scout & Nimble in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of Boone in the State of Missouri, and you consent to exclusive jurisdiction and venue in such courts.
By providing a credit card or other accepted payment method, you assert and guarantee that you are duly authorized to use the designated payment method. Moreover, you hereby grant us (or our third-party payment processor) authorization to charge your payment method for the full amount of your purchase, including any applicable taxes and additional charges. This includes but is not limited to any fees or policies outlined in our Cancellations & Returns Policy, as well as our Shipping & Delivery Policy.
By placing an order with Scout & Nimble, you are agreeing to the terms of service outlined in this section. Should I attempt to cancel an order after the item has been released to a 3rd party delivery company, such as (Fed Ex, UPS, or any freight or delivery carrier), you agree to cover any and all charges incurred by Scout & Nimble, LLC related to your order. You waive your right to dispute the full amount of your transaction and are only entitled to receive the difference of the order total that was charged, minus all applicable fees incurred by Scout & Nimble. These fees include but are not limited to, 3rd party shipping and freight, Scout & Nimble's product cost incurred by their suppliers, and any warehousing fees related to your order. Should you choose to refuse the delivery of your order for any and all reasons, you agree to cover all charges incurred by Scout & Nimble related to your order and waive your right to a full refund by disputing the transaction with your credit card company. By accepting these Terms of Services during the checkout process, you are agreeing to cover all charges incurred by Scout & Nimble, LLC related to your order, and agree to have those fees deducted from the transaction total that you authorized and agreed to be charged to your credit card during the checkout process. Should you decide to dispute your order for any and all reasons, you are agreeing to have all fees incurred by Scout & Nimble, LLC related to your order deducted from your transaction or refund total as a result of any dispute or claim filed by me with your credit card company related to your order so long as Scout & Nimble provides the credit card company with proof of the fees they have incurred.
Order Acceptance
The issuance of an order number or an email order confirmation does not signify the acceptance of an order or a confirmation of an offer to sell. Scout & Nimble retains the right, without prior notification, to restrict the order quantity of any item and/or decline service to any customer. Verification of information may be necessary prior to order acceptance. Prices and product availability on the Site are subject to change without prior notice. Scout & Nimble reserves the sole discretion to reject or annul any order for any reason. Furthermore, your account may be subject to restriction or termination at our sole discretion.
APPLICABLE CONTRACT PROVISIONS:
a. “Buyer” means the entity issuing the Order, and any affiliates, subsidiaries, successors or assigns thereof. “Seller” means the person, firm or company to whom the Order is addressed. “Materials” means all the products and/or services to be supplied by Seller under the Order. “Order” means the purchase order issued by Buyer for the supply of Materials, which may be an oral communication or a written or electronic document, and may also include particular shipping instructions and/or other specifications required by Buyer for the Materials. "Errors" means any Material mistakenly listed by the Seller as available to Order at an incorrect price, or Material that has been discontinued.
b. These terms and conditions, together with the Order, constitute an offer by Buyer to purchase the Materials from Seller pursuant to the terms and conditions described herein. This offer is not an acceptance or a confirmation of any previous offer or proposal from Seller, and this offer shall be deemed to be a rejection and counteroffer with respect to any previous offer or proposal from Seller. Acceptance of any shipment of the Materials shall not be construed as an acceptance of any such previous offer or proposal or an acceptance of any different or additional terms proposed by Seller.
c. This offer shall become an “Agreement” upon acceptance by Seller. Seller shall be deemed to have accepted this offer by commencement of performance called for in the Order, by written or emailed Notice of Shipment of Materials sent from Seller to Buyer by email, or by attempted delivery of the Materials to Buyer, whether or not any such acceptance or confirmation purports to state terms additional to or different from those stated herein. Buyer hereby expressly objects to and rejects any such additional or different provisions, and none of such provisions shall be deemed to be a part of this Agreement unless specifically agreed to in writing by Buyer.
d. Seller rejects all Contracts for Orders that are made by Buyer for Material that are listed in Error on The Company's website. All Orders made by the Buyer for Material advertised at zero dollars "$0.00" in Error shall not be accepted by Seller and shall be deemed a rejected contract at the time the Order is placed by Buyer. Rejection of an Order will be delivered from Seller to Buyer by written notice or by email.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM [COMPANY] ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law: By visiting our website, you agree that the laws of the State of Missouri, 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 Company.
Disputes: Any dispute relating in any way to your visit to our website or to products or services sold or distributed by Company in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of Boone in the State of Missouri, and you consent to exclusive jurisdiction and venue in such courts.