If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 
 
We do sell products for children, but sell them to adults, who can purchase with a credit card. If you are under 18, you may use this website only with the involvement of a parent or guardian. Scotchie Enterprises, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  

Scotchie Enterprises, Inc. does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States patents or copyrights. If you send, submit, or post any communications or materials to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. For any content that you submit, you grant Scotchie Enterprises, Inc. and its affiliates a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or display such content, ideas, concepts, know-how, or techniques, and/or incorporate such content, ideas, concepts, know-how, or techniques into any form, medium or technology throughout the world without compensation to you. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
 
All content that you submit may be used at Scotchie Enterprises, Inc’s sole discretion. Scotchie Enterprises, Inc. reserves the right to change, condense or delete any content on Scotchie Enterprises, Inc’s website that Scotchie Enterprises, Inc. deems, in its sole discretion, to violate the guidelines contained herein or any other provision of these Terms of Use. Scotchie Enterprises, Inc. does not guarantee that you will have any recourse through Scotchie Enterprises, Inc. to edit or delete any ratings or written comments you have submitted. 
 
Scotchie Enterprises, Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Scotchie Enterprises, Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Scotchie Enterprises, Inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
 
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Scotchie Enterprises, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Scotchie Enterprises, Inc. to disclose the identity of anyone posting such materials. 
 
Although Scotchie Enterprises, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Scotchie Enterprises, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. 
 
You agree to indemnify and hold Scotchie Enterprises, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
 

4. Disclaimers  

Your use of the website is at your risk. Scotchie Enterprises, Inc. makes no warranties or representations as to its accuracy and Scotchie Enterprises, Inc. specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Scotchie Enterprises, Inc. nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website. Without limiting the foregoing, everything on the website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 
 
Scotchie Enterprises, Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. 
 
5. Descriptions of Products and Services

The website refers to products and/or services that are generally available for purchase in the continental United States but may not be available in your particular locality. The reference to any such products or services in this website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Scotchie Enterprises, Inc. authorized representative for specific product/service availability in your locality.
 
We do not warrant that the descriptions or other content of this site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the website are subject to change at any time without notice.
 
6. Third Party Websites

Scotchie Enterprises, Inc. is not responsible for the content of any site linked to or from the website. Your linking to any other site is entirely at your own risk. While Scotchie Enterprises, Inc. may provide links on this website to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Scotchie Enterprises, Inc. disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.  
 
7. Revisions

Scotchie Enterprises, Inc. may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this website to review the then current Terms and Conditions. 
 
8. Copyright Complaints

If you believe that any material contained on this website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. Scotchie Enterprises, Inc. will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website’s Designated Agent who is: 

Scotchie Enterprises, Inc.
299 Haywood Rd
Asheville, NC 28806

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 

Physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed; 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 

A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  

9. Applicable Law

These Terms and Conditions are to be governed by and construed in accordance with the law of Connecticut, United States of America, without reference to its conflicts of law rules. 

10. Arbitration

Any dispute relating in any way to your visit to a Scotchie Enterprises, Inc. website or to products or services you purchase through a Scotchie Enterprises, Inc. website shall be submitted to confidential arbitration in Stamford, Connecticut, except that, to the extent you have in any manner violated or threatened to violate Scotchie Enterprises, Inc.’s intellectual property rights, Scotchie Enterprises, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised.

11. Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.