1. About us

We, along with our affiliates and subsidiaries, are Scottxrrell. Our address is 1552  Melrose Street,Yakima,Washington 98902. You can contact us by mail at the above address, by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone at  509-901-3982.

2. Use of the Site

When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.  In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Scottxrrell may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Scottxrrell that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:

• Access or attempt to access the Site other than through the interface that is provided by Scottxrrell, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Scottxrrell;
• Access or attempt to access the Site, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
• Engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or our services;
• “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Site for any purpose;
• Divert or attempt to divert Scottxrrell customers to another website, mobile application, or service;
• Send unsolicited or unauthorized emails on behalf of Scottxrrell, including promotions and/or advertising of products or services;
• Restrict or inhibit any other person from using the Site or our services;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
• Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms; or
• Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or our services.

Scottxrrell reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Scottxrrell reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. Scottxrrell WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.

3. Posting content on the Site

3.1. Posting content on the Site

You may post content on the Site, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the Site, you agree to comply with our Privacy Policy, and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the Site. You represent and warrant that:

• You and not someone else composed and posted the content on the Site;
• You own or otherwise control all of the rights to the content that you post on the Site;
• You have the authority to grant the rights in such content; and
• Such content, and the use of such content, will not violate these Terms.

3.2. Right to use content

Unless we indicate otherwise, you grant Scottxrrell an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:

• We may use the content for any purpose;
• We may use the comment with or without any pseudo (pen) name credit;
• The reprint or use of the content will be at our discretion and without compensation; and
• We may use the content locally, nationally, or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed.

3.3. Right to monitor content

Scottxrrell has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. Scottxrrell takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.

3.4. Restrictions on content

Scottxrrell may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:

• Hyperlinks/URLs;
• References to other stores/resellers;
• Comments on products that were either physically damaged or misused;
• Comparisons to competing brands/products of competing brands;
• References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation; such as overclocking, hacked drivers, tweaking/modding, and etc.; or
• Replies to existing customer reviews; please do not attempt to initiate discussions here.

3.5. Prohibited content

You are prohibited from posting content on the Site that is:

• Offensive or abusive;
• Obscene, pornographic, or otherwise objectionable;
• Illegal;
• False, fraudulent, inaccurate, or misleading;
• Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
• Violent or threatening, or promotes violence or actions that are threatening;
• Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
• Intending to cause harm, damage, or otherwise interferes with the Site and our services;
• Violating any of our policies;
• Violating any local, state, federal, or international laws;
• Injurious to third parties; or
• Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

4. Registering for an account

To register for a Scottxrrell account, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account.  Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.  In the event your password is lost or stolen it is your responsibility to notify Scottxrrell at the address listed in the “Contact Us” section.

Scottxrrell may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.

5. Placing an order

5.1. Orders

5.1.1 Orders

Your order is an offer to Scottxrrell to buy the product(s) and services listed in your order along with a sales order number. When you place an order to purchase a product and/or service from Scottxrrell, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute Scottxrrell’s acceptance of your order or Scottxrrell’s confirmation of our offer to sell. An order is not binding upon Scottxrrell until it is accepted; Scottxrrell must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, Scottxrrell will issue an invoice to you and a contract will come into existence between you and us. Scottxrrell may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Scottxrrell may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, Scottxrrell will issue a credit to your credit card account in the amount of the charge.

We may process payment for and ship parts of your order separately.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.

ScottxrrellORDERS

Marketplace: For an order for an item that is listed on the Site as “Sold and Shipped by” a third-party seller through Scottxrrell’s Scottxrrellplatform (“ScottxrrellSeller”) and not “Sold and Shipped by Scottxrrell” (“ScottxrrellItem”), Scottxrrell is the seller of record and the order processing is as set out at section “5.1.1. Orders” above and the contract is formed between you and Scottxrrell.

However, although Scottxrrell is the seller or record, the ScottxrrellSeller and not Scottxrrell is solely responsible for fulfilling and delivering the order to you and bears all liability and risks associated with, or related to, any item that is sold and shipped by that ScottxrrellSeller that is purchased by a customer through the Site. When you place an order for a ScottxrrellItem, we will provide the ScottxrrellSeller with the information necessary to process and fulfill the order, in accordance with the terms of Scottxrrell’s Privacy Policy. Please note that ScottxrrellSellers may have policies that differ from Scottxrrell’s policies; therefore, for orders for ScottxrrellItems, please review the applicable ScottxrrellSeller’s policies for any other terms and conditions that may apply to your order for such items. The ScottxrrellSeller’s posted policies will control to the extent of any inconsistency between Scottxrrell’s policies and the ScottxrrellSeller’s posted policies.

5.1.2. Pre-orders

Click the Pre-order button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered item is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

5.1.3. Backorders

We will sometimes allow you to backorder an item that is out of stock. However, these items will be clearly marked with a Backorder button. Click the Backorder button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the backordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

Marketplace: Backordering is not currently available for ScottxrrellItems.

5.2. Payment

In order to place an order with Scottxrrell, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to Scottxrrell that the credit card information or other payment method information you provide to Scottxrrell is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.

Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. Payment methods may vary by location.  Depending on your location, we may accept any of the following payment methods:

• Visa
• MasterCard
• American Express
• Discover
• PayPal
• Scottxrrell Gift Card
• MasterPass
• Amex Express Checkout
• Bitcoin
• Android Pay
• Apple Pay

5.3. Shipping

Your total cost for the purchase of any product will include the shipping and handling charges shown on your Scottxrrell invoice. Your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Scottxrrell.

To learn more about shipping for U.S. customers, please review our U.S. Shipping Policy. The Domestic Shipping Policy is incorporated into these Terms in its entirety.

5.4. Risk of Loss and passing of Title

Scottxrrell will arrange for shipment of ordered product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the product(s) – excepting software – will also pass to you upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. Scottxrrell will advise you of estimated shipping dates, but Scottxrrell will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

5.5. Taxes

Within the United States, Scottxrrell, Inc. collects sales tax on taxable products shipped to every state that has a sales tax. Please note that even if Scottxrrell does not collect state sales tax, you are required to pay the tax. Sales tax laws regularly change, and we will use commercially reasonable efforts to keep our information current. If you believe your order is not taxable, please submit an exemption certificate before finalizing your purchase.

Notwithstanding anything to the contrary in these Terms, sales shipped to Texas locations are made by Scottxrrell Texas, Inc., are shipped F.O.B. destination point, and sales tax on any sale shipped to Texas locations is based on the location where the order was received and approved.

5.6. Tax exemption

If you are a tax-exempt organization or reseller, you can apply for tax exemption on your Scottxrrell orders.

5.7. Customs, duties & taxes

When ordering products from Scottxrrell for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from Scottxrrell, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

5.8. Order processing

5.8.1. Order status

Scottxrrell will keep you informed of your order status via email. All tracking information will be emailed to your Scottxrrell ID once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on the Site.

5.8.2. Order processing

Once you have placed your order, you can expect your order to be processed within approximately 1-2 business days, provided the items are in stock and there are no problems with payment verification. Scottxrrell does not guarantee same day-shipping. We do not process orders on Saturdays or U.S. holidays.

Marketplace: If you purchase a ScottxrrellItem from a ScottxrrellSeller, that ScottxrrellSeller is responsible for shipping the item to you. While Scottxrrell does not guarantee processing times for ScottxrrellItems, in general ScottxrrellSellers should process orders within 1-2 business days of order verification.

5.8.3. Rush processing

Rush Processing expedites the fulfillment of your order so it can be packed, shipped and on the road the same business day it is placed. For Rush Processing to be effective, your order must be submitted and charged before 2:30 p.m. PST, Monday through Friday. If the above conditions are met and we fail to ship your order the same business day, we will refund the Rush Processing fee.

The following items and order types are not eligible for rush processing ScottxrrellItems, third-party Scottxrrell distribution centers, Backorders, Pre-orders, DVD movies, Large Item Delivery shipping method, ShopRunner shipping service, Super Eggsaver and Will Call orders. For orders with eligible and ineligible items, rush processing will apply to the eligible items only. Ineligible items will automatically be split onto a separate order.

For orders placed between 11 a.m. and 1 p.m. PST, Monday through Friday, the Rush Processing fee is €3.99. For all other times, the Rush Processing fee is €2.99.

IN ALL CIRCUMSTANCES, Scottxrrell‘S MAXIMUM LIABILITY IS LIMITED TO THIS RUSH ORDER FEE ONLY. WHILE Scottxrrell CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, Scottxrrell WILL PUT FORTH COMMERCIALLY REASONABLE EFFORTS TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR RUSH PROCESSING FEE WILL BE REFUNDED.

Marketplace: Rush processing is not currently available for ScottxrrellItems.

5.9. Canceling orders

You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided Scottxrrell has sufficient time to cancel the order.

Nothing in this section limits your rights to cancel your order under any law.

5.10. Returns

To learn about returns, please review our Return Policy.  The Return Policy is incorporated into these Terms in its entirety.

Nothing in the Return Policy limits your rights and remedies under any law.

5.11. Scottxrrell ScottxrrellGuarantee

When you purchase a ScottxrrellItem, we want you to be confident that you will receive the type of customer service you’ve come to expect from Scottxrrell. With that in mind, we offer the Scottxrrell ScottxrrellGuarantee for purchases of ScottxrrellItems. With the Scottxrrell ScottxrrellGuarantee, if you meet certain requirements, you may be eligible for reimbursement of the purchase price for most ScottxrrellItems, up to €1,000.

5.12. Scottxrrell Price Match Guarantee

Scottxrrell offers our Price Match Guarantee for select items. If you purchase an item from Scottxrrell which is carrying the Price Match Guarantee badge at the time of purchase, then find the exact same item at a lower price by Scottxrrell or a major retailer, within 14 calendar days, just  let us know, and we’ll send you a Scottxrrell Customer Care Card to cover the difference.

6. Products

6.1 Products

Unless expressly indicated otherwise, Scottxrrell is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the products on the Site is provided for information purposes only, and Scottxrrell MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE’S ACCURACY. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.

TO THE FULLEST EXTENT PERMITTED BY LAW, Scottxrrell ACCEPTS NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

6.2. Product testing

Scottxrrell, ships items in the condition they were received from the original manufacturer/distributor. Scottxrrell does not conduct product testing before shipping any merchandise.

Marketplace: ScottxrrellSellers may or may not conduct product testing. Check the ScottxrrellSeller’s Policy Page for information on the product testing practices of individual ScottxrrellSellers.

6.3. Technical support

Scottxrrell does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Scottxrrell.

Marketplace: If you need technical support fora ScottxrrellItem, please direct your requests for technical assistance to the applicable ScottxrrellSeller. However, please be aware that certain ScottxrrellSellers may not offer technical assistance. Check the ScottxrrellSeller’s Policy Page of the individual ScottxrrellSeller for details.

6.4. Product-specific policies

6.4.1 “Must Be Purchased with Hardware”

The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, Scottxrrell customers must purchase some type of product that falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

6.4.2 Buyers of optional service plans, warranties, and protection plans

If you purchase certain products through the Site, you may be able to purchase an optional service plan, warranty, or protection plan (the “Plans”) for the product. The Plans are provided by third-party service providers and may have their own set of terms and conditions. If applicable, the details of the Plans will be available to you at the point of purchase. You should carefully review the applicable terms and conditions for the Plans before you purchase any of the Plans.

You authorize Scottxrrell to initiate a charge to the credit card or other payment method that was used to purchase the equipment in the amount of €250.00, the equipment discount, if it is due.

7. Programs

7.5. Reseller/Discount Program

Unfortunately, we do not currently have a reseller or discount program available at this time. Scottxrrell currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through the Site. Anytime we receive any specials or promotions, we will post them on the Site for you to take advantage.

8. Promotions

Promotional offers, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, Scottxrrell reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honor orders already placed.

9. Content on the Site

9.1. Intellectual property

All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Scottxrrell, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Scottxrrell and its suppliers and licensors expressly reserve all intellectual property rights in all content.

These Terms permit you to use the Site for your personal, non-commercial use only.

The Scottxrrell name, logos, service names, designs, and slogans are trademarks of Scottxrrell. You must not use such marks without the prior written permission of Scottxrrell. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scottxrrell.

9.2. Pricing and availability

All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.

All pricing is subject to change without notice, and Scottxrrell reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.

On rare occasions, an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE ON THE SITE, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

Scottxrrell may limit the number of products available for purchase. Scottxrrell may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.

We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any products you order turns out to be unavailable. Scottxrrell shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, Scottxrrell will issue a credit to your credit card account in the amount of the charge.

9.3. Product listings

Prices and availability of products are subject to change without notice. Any changes to Scottxrrell-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.  Scottxrrell strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Scottxrrell reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, Scottxrrell shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, Scottxrrell will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from Scottxrrell are provided as resources to customers looking for additional information and/or professional opinion. Scottxrrell does not assume responsibility for the claims and/or representations made on these or any other websites.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

9.4. Product revisions

Scottxrrell IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Scottxrrell puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Scottxrrell relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. CONSEQUENTLY, Scottxrrell WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.

9.5. Links

All links to other websites from Scottxrrell are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Scottxrrell does not assume responsibility for the claims and/or representations made on these or any other websites. IF YOU ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE POLICIES AND TERMS AND CONDITIONS FOR SUCH WEBSITES.

9.6. Product Tour

The product resources offered in Product Tour are provided courtesy of their respective developers. As such, to the fullest extent permitted by law, Scottxrrell is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. THESE RESOURCES ARE PROVIDED ON AN “AS IS” BASIS BY Scottxrrell AS A SUPPLEMENTARY SERVICE TO YOU, THE USER.  We offer these resources to you strictly for informative purposes as they may lend insight into products you are interested in and clarify any associated benefits.

10. Reporting claims of infringement of intellectual property rights

10.1. Notices of copyright infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Scottxrrell infringe your copyright, you may request removal of those materials (or access to them) from Scottxrrell by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent
Scottxrrell Legal Department
1552  Melrose Street,
Yakima,Washington 98902
Phone: 509-901-3982
This email address is being protected from spambots. You need JavaScript enabled to view it.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on Scottxrrell is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-notification procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
• Your name, mailing address, telephone number, and email address;
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Scottxrrell may be found) and that you will accept service from the person (or an agent of that person) who provided Scottxrrell with the complaint at issue.

Completed Counter-Notices should be sent to:

Copyright Agent
Scottxrrell Legal Department
1552  Melrose Street,
Yakima,Washington 98902
Phone: 509-901-3982
Fax: (626) 271-9480
This email address is being protected from spambots. You need JavaScript enabled to view it.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

10.2. Notices of trademark Infringement

In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Scottxrrell:

• A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;

• Identification of the trademark, service mark, and/or trade dress you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

Notices of trademark infringement should be sent to:

Scottxrrell Legal Department
1552  Melrose Street,
Yakima,Washington 98902
Phone: 509-901-3982
This email address is being protected from spambots. You need JavaScript enabled to view it.

10.3. Notices of Infringement of other intellectual property rights

In order to remove infringing content, please send a notice of infringement containing the following information to Scottxrrell:

• A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right;
• Identification of the other intellectual property right you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

Notices of infringement of other intellectual property rights should be sent to:

Scottxrrell Legal Department
1552  Melrose Street,
Yakima,Washington 98902
Phone: 509-901-3982

This email address is being protected from spambots. You need JavaScript enabled to view it.

10.4. Repeat infringers

Scottxrrell takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.