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General:
ScoCar, "Agency" hereafter, is a Texas company.
Agency is open M-F from 9AM-6PM (CST). Agency is closed
Saturdays, Sundays, all federal legal holidays, Christmas eve and
New Year's eve. During SEMA, PRI and MPMC trade shows, we
cannot guarantee service turnaround or response therefore they are
exempt from any verbal or written agreements involving any ScoCar
provided service. Actual products, services, descriptions and
examples may vary from photographs, images, illustrations, services,
examples and/or descriptions shown. This web site may contain
fictional sample data only. Any resemblance to actual persons or
entities is unintentional and purely coincidental. If our sample
data conflicts with you or your company, please bring this to our
intention in writing and your conflict will be reviewed. At our
option, we will remove the sample fictional data only but will admit
to no wrong-doing and are in no way responsible for any actual or
implied damages, consequential damages, inconveniences or removal
from the following but not limited to: directories, 3rd party
linking web sites, search engines, etc. Agency (or employees,
agents, sub-contractors, servants, officers, partners, assigns,
subsidiaries, vendors, dealers, distributors, reps, customers, other
companies owned by Agency, competing companies in Client’s market)
is not responsible for any unintentional omissions or typographical
errors and reserves the right to make changes to packages, services,
operating procedures, colors, materials, features, specifications,
part numbers, pricing, service turnaround time, vendors, and to
discontinue any products and/or components at any time without prior
notice. NOTE: Updates are not unlimited. Please be as specific as
possible to avoid possible additional charges. Your information will
never be resold to third parties and is used internally to improve
the quality of service only. ScoCar may purchase, rent or lease
mailing lists from qualified sources and as a result you may receive
promotional and marketing materials from ScoCar only. If you desire
to be removed from our mailing list, every effort will be made to
comply with your request although this cannot be guaranteed. In
order to provide the highest level of service, all calls and
communication may be monitored and recorded.
General Disclaimer (Applies to All Services):
Client is responsible for: supplying company specific typefaces not
currently available in the Agency typeface library; any and all
company and/or product logos, product and/or vehicle photography in
the following formats (prints, slides, negatives or 300 DPI digital
.TIF, .JPEG, or .EPS); space charges (Client will always be direct
billed from publisher); SWOP proof charges; signing publisher
liability waivers and space contracts; digital proofing via Agency
web site (including but not limited to checking of accuracy of facts
and/or claims, product part numbers, product descriptions, product
names, product pricing, all company contact information,
copyright/trademark notice, etc.); final approval via Agency web
site; design fees and all related service fees provided by Agency if
project is abandoned or cancelled. Agency supplied typefaces,
illustrations; backgrounds, photography, colors, etc. are not
exclusive to any specific Client. If Agency provides photography
services to Client (always at an additional charge), Client is
responsible for supplying all products/vehicles/etc. to Agency.
These items will be returned to Client upon completion of project.
Certain products and/or services provided by Agency may require
utilization of a 3rd party vendor. As such, final pricing and
availability are subject to change from those listed on our web site
and/or price guides when you place your order. We will try to notify
you of such a change when your order is placed.
Advertising & Design:
No ad will be placed or artwork turned in by Agency without
expressed written permission and approval by Client (all verbal
contracts for space will not be honored and therefore null and
void). Client is soley responsible for all ad space purchased. All
ads designed by Agency make the Client potentially eligible to
receive a 15% agency discount. The discount, (if available from
publisher) is taken off of the publisher's ad rates only and does
not apply to any Agency service fee. All changes after final
approval and are subject to a $200/hour charge with a 1/2 hour
minimum. All work requested after published magazine close dates or
necessary printing deadlines are subject to a rush charge of 20% of
the design cost. Agency makes no guarantees to ad response rates
(including but not limited to phone calls, web site hits or click
throughs) and conversion rates. Agency cannot guarantee the colors
shown in any digital or printed proof will match the final printed
piece supplied to or by any printer or publisher. Client understands
that all 2-color, 4-color or more designs and/or designs appearing
in newsprint, on silk-screened apparel or on embroidered apparel,
etc. are subject to substantial color variation and significant
additional color setup charges for which Agency cannot be
responsible.
Promotional & PR:
Agency makes no guarantee of placement or inclusion of news releases
and/or editorial by any publication (including but not limited to
magazines, web sites, clubs, forums, news groups, blogs,
newsletters, e-mails, etc.). All news releases will be sent via
e-mail (unless regular mail is required by publication). News
releases sent via e-mail are compliant with the CAN-SPAM Act of 2003
and checked for viruses, worms, Trojan horses and spyware.
Web Sites:
Client is responsible for web hosting; domain name registration;
secure server certificates, merchant account setup and processing
fees; order processing fees; shopping cart license fees, providing:
current web site user name; password; web host contact information;
all existing web site files; naming software titles currently used
to maintain web site; basic technical information. Server
up-time/down time, data backups, anti-virus protection, spam
protection, denial of service attacks, server speed or lack thereof,
data corruption while on host web server, server fault tolerance,
host server power supply, server power backup, general data security
are the responsibility of the Web host and the Client, not
Agency. Client acknowledges that agency does not warrant that web
site will work on all platforms or will be available for any
specific percentage of time. Additionally, web site functionality
may be impacted due to acts of god, weather, Client ISP (Internet
Service Provider) issues, internal company network issues and other
factors of which the Agency is expressly not responsible for. Web
site maintenance can occur within 24-48 hours but may take as long
as a week or several weeks depending on the number of and depths of
the maintenance requested and available time (see General above for
specific time exclusions). Web site maintenance agreements are to be
paid via any major credit card or company check on the 1st or 15th
of every month (credit check required). If Client requests or
requires any of the following custom programming, the programming
may be provided by ScoCar or a 3rd party at Client expense:
including but not limited to CGI, Perl, Python, PHP, ASP, WAP, Cold
Fusion; Oracle, Microsoft SQL, certain XML functions, blogs, RSS
feeds and SMS text feeds. Client understands that employing any of
these technologies may significantly impact web site functionality
and require a high level of programming. In such case, maintenance
may be significantly more expensive and beyond the scope of the
Client if (at any time) they elect to performance any web
maintenance themselves. Because some of these technologies may be
3rd party, hosted solutions, Agency cannot be responsible for
availability, functionality, technical support (unless a specific
web maintenance agreement is on file), training, etc. Client also
understands that Simple, non-ecommerce web sites can be completed in
approximately 4 to 8 weeks provided all information requested of
Client is received in a timely manner. Complex or e-commerce web
sites can take approximately 3 months to 1-year. Completion times
listed are general only and subject to change depending on design
elements, database(s), image enhancing, seasonal business variation
caused by trade shows like PWA, SEMA and PRI, equipment / software
changes, malfunctions or upgrades, acts of God or circumstances out
of our control. Additional pages not within the scope of original
web design or maintenance contract are billed $200/page and
associated images scans with color corrections and clipping paths
are $60/scan.
Order Policy:
There are three easy ways to order:
• By Phone: 1-972-841-7029
• By Fax: 1-214 722-1936 (available 24 hours)
All 1st time orders require 100% pre-payment. Subsequent orders
require 50% non-refundable deposit with balance due upon delivery or
100% pre-payment before any work will begin. 30-day terms are not
offered and all invoices are due within 10 days. Estimates are valid
for 30-days only. Estimates and purchase orders must be returned to
Agency signed via e-mail, fax or mail before any work will begin. We
accept Visa, MC, Amex, Discover, Diner’s Club, Pay Pal, company
checks in U.S. funds or postal money orders. Please allow 5-7
business days for your company check to clear all first time orders.
Rush service is available for an additional 20% and if order is 100%
pre-paid via credit card or Pay Pal only. Client understands that
payment to Agency constitutes full acceptance of all terms and
conditions herein. In the event that the Client fails to make any of
the payment(s) as agreed, the Agency has the right, but is not
obligated, to pursue any or all of the following remedies: (1)
terminate the Agreement, or (2) initiate collection proceedings. If
payments are not made within thirty days of invoice, simple interest
will accrue on the balance owed at the rate of 18% from the date the
invoice becomes past due. Texas-based clients will be subject to
Texas state sales tax of 8.25% per Texas State Sales Tax Code Title
34, Part 1, Chapter 3, Subchapter 0, Rule 3.312 (Graphic Arts).
Service turnaround is subject to workload, availability, seasonal
variation one month prior to and during (PWA conference, SEMA and
PRI trade shows, etc.) and other factors which may be beyond our
control and are never guaranteed. Orders placed during peak times
may take significantly longer and may be subject to a 20% rush
service fee.
Shipping:
FedEx® ground shipping is the standard shipping method (although
some orders may require USPS or a truck freight carrier). FedEx®
ground shipping is available in the 48 contiguous United States
(Alaska, Hawaii, International, Standard Overnight, Priority
Overnight, First Overnight, and Saturday delivery will be assessed
additional charges). All other shipments, unless specified at the
time of the order, will be shipped at our discretion via FedEx
Ground, United States Postal Service or truck freight carrier. Some
shipments (such as large printing orders) may require shipping via
truck freight carrier and palletizing. All orders are shipped fully
insured FOB shipping point Carrollton, TX or FOB shipping point
ScoCar vendors. The following are the responsibility of the Client:
freight charges (including but not limited to in-bound, hand
deliver, shipping, packaging and handling, palletizing, duties,
taxes, special deliveries including but not limited to 3-day; 2-day;
Saturday; same day; morning; and/or early/1st am deliveries, courier
fees, and insurance). Agency shipping rates are subject to change
without prior notice. Agency is not responsible for lost, damaged,
stolen or delayed shipments. FedEx and USPS shipment tracking is
available at www.scocar.com/shipmenttracking.htm
Cancellations, Returns & Refunds:
Agency provides a variety of services including but not limited to
marketing, advertising, marketing, promotional, pr and web design.
Due to the fact that all work is custom, very labor intensive and
subject to interpretation, cancellations, returns or refunds are not
accepted (excluding web maintenance agreements which can be
cancelled provided a 30-day written notice is received). If Client
attempts order cancellation or if Client abandons project for any
reason regardless of the state of completion of project or if Client
does not respond to Agency communication (s) for a minimum period of
30 days, Client is responsible for full payment and Agency is under
no obligation whatsoever to issue a credit or refund. In these
cases, Client project will be considered forfeit and Client agrees
not to dispute the charge with their credit card company or issuing
bank.
Legal:
Confidentiality:
Each party agrees that information that is confidential or
proprietary may be disclosed to the other party, including, but not
limited to software, technical processes and formulas, source codes,
product designs, sales, costs and other unpublished financial
information, product and business plans, advertising revenues, usage
rates, advertising relationships, projects, and marketing data
("Confidential Information"). Neither party shall make any
disclosure of Confidential Information to anyone other than its
employees who have a need to know in connection with this Agreement.
Each party shall notify its employees of their confidentiality
obligations with respect to the Confidential Information and shall
require its employees to comply with these obligations. The
confidentiality obligations of each party and its employees shall
survive the expiration or termination any agreement between Agency
and Client.
Indemnification:
Client agrees to defend, hold harmless and indemnify the Agency
against all claims, damages, costs, liabilities, expenses and
settlement amounts (including reasonable attorneys’ fees) in
connection with any claim, action or proceeding by any third party
alleging that all or any portion of the content provided by Client
for a web site or other deliverables infringes such third party’s
patent, copyright, trademark, trade secret, or other intellectual
property right(s). The Client shall not settle any such claim or
action without the Agency’s prior written approval. Client further
agrees to indemnify and hold harmless the Agency for any claims,
damages, costs, liabilities, expenses and settlement amounts
(including reasonable attorneys’ fees) in connection with any claim,
action or proceeding by any third party arising from Client’s
publication of material or use of material developed by Agency or
that may arise or result from any service provided or performed or
product sold by the Client.
Limited Warranty & Limitation on Damages:
The Agency represents and warrants:
a. that it has full and sufficient right to assign or grant the
rights granted pursuant to this Agreement.
b. that the Web Site and Other Deliverables do not, and will not in
the future, infringe any intellectual property (including, without
limitation, any copyright, U.S. patent, or trademark), publicity,
privacy or any other proprietary rights of any third party and are
not defamatory.
The Client represents and warrants:
a. that it has full and sufficient right to assign or grant the
rights granted pursuant to this Agreement.
b. that any content provided to Agency (including but not limited to
elements of text, graphics, photos, designs, trademarks or other
artwork furnished to the Agency for inclusion in any Client
Collateral materials) does not, and will not in the future, infringe
any intellectual property (including, without limitation, any
copyright, U.S. patent, or trademark), publicity, privacy or any
other proprietary rights of any third party and is not defamatory.
Promotion:
Agency is allowed to promote relationship with Client (with or
without Client expressed approval and during or after Client
relationship) for as long as Agency sees fit. This applies to
anything the Agency prepares or assists in preparing for Client
including but not limited to advertising, graphic design, marketing,
pr, rendering and/or web design services and/or materials. Client
agrees that Agency is not exclusive to Client and Agency is free to
represent any other company. Furthermore, Agency cannot in any way
be held responsible for any existing or future Clients of Agency who
may directly or indirectly enter into competing markets against said
Client in this agreement. Agency is under no obligation to disclose
to it's Clients potential conflicts which or may not exist between
itself and other Clients and cannot be held liable for damages which
may occur as a result of such a conflict.
Exclusions:
Fees charged by Agency do not include advertising space fees;
advertising short rates; printing; postage; bulk mail processing
fees; mailing list processing fees; fax charges; photography
charges; 800#'s or associated setup fees or long distance charges or
any other fees relating to advertising tracking; phone charges of
any kind; copywriting; copyrighting or trademarking; software of any
kind (disc or web based); training of any kind; freight charges
(including but not limited to in-bound, hand deliver, shipping,
packaging and handling, palletizing, duties, taxes, special
deliveries including but not limited to 3-day; 2-day; Saturday; same
day; morning; and/or early/1st am deliveries, courier fees, and
insurance); printing vendor proofs; SWOP proofs; rush charges;
changes and/or charges after deadlines; state tax for Texas
companies only per Texas State Sales Tax Code Title 34, Part 1,
Chapter 3, Subchapter 0, Rule 3.312 [Graphic Arts]. Agency is not
responsible for risk with respect to liability, perceived or actual
copyright infringement or litigation or damages arising from
copyright infringement; damages resulting from computer viruses,
worms, Trojan horses, computer spyware; computer failure or
malfunction; computer corruption; damages caused by identity theft
and/or credit rating; legal research or advice; minor product
scratches from handling; in-transit damage; printing errors;
typographical errors; factual errors; delays caused by any
circumstances out of our control; acts of God; theft; riots; fires;
floods; hurricanes; vandalism; misplaced items; lost items; or other
items mentioned in this agreement as not included; credit card/debit
card processing fees; credit card/debit card interest fees; any
associated bank or credit card fees; legal fees of any kind or any
litigation arising from Client’s association with Agency or any
damages of any kind; claims or financial loss (implied or actual),
inconvenience, lost opportunity costs, damages to any relationship
(personal or business), damages to reputation caused by Agency (or
employees, agents, sub-contractors, servants, officers, partners,
assigns, subsidiaries, vendors, dealers, distributors, reps,
customers, other companies owned by Agency, competing companies in
Client’s market).
Assignment of Project:
The Agency reserves the right to assign certain subcontractors to
this account to as deemed necessary by the Agency. The Agency
warrants all work completed by subcontractors for this account. When
subcontracting is required, the Agency will only use industry
recognized professionals.
Binding Effect:
This policy shall be binding upon and insure to the benefit of the
Client and the Agency and its respective successors and assigns,
provided that the Agency may not assign any of its obligations under
this Agreement without the Client’s prior written consent.
Ownership Rights:
a. The following shall be the sole and exclusive property of the
Client:
(i) Any text, photos, graphics, audio components, software,
documentation, images, or other materials of any kind or nature made
available to the Agency by the Client for use in development or
publication of the Work.
(ii) The Client’s trademarks, service marks, copyrighted materials,
and all materials listed in (i) above shall remain the property of
the Client.
b. The following shall be the property of the Agency: All text,
photos, graphics, audio components, programs, routines, subroutines,
interfaces, navigational devices, menus, menu structures or
arrangements, icons, help and other operational instructions,
computer code, procedures, scripts, software designs, database
designs, or other materials of any kind or nature originally
developed by the Agency or licensed to the Agency for general use by
the Agency. Client shall be granted an exclusive license to use the
Work created by Agency for Client subject to the terms and
provisions in (c). However, Agency shall own all copyrights to the
Work and retain ownership of the original Work. Agency is under no
obligation, whatsoever, to provide software, software training,
processes, databases, mailing lists, links, files, e-mails, fonts,
backgrounds, calibrating equipment, printing equipment, computer
equipment, photographs, icons, special effects, vendor information,
personal contact information, original un-flattened artwork to
Client. Agency chooses all software, hardware, vendors, processes,
etc. at its own discretion. Agency is not responsible for Client
compatibility with the aforementioned and is under no obligation to
transfer information over to non-standard Agency platforms (all
transfers will occur at Client expense).
c. Agency grants Client an exclusive license to the original artwork
for Client's business/personal use provided Client understands and
is authorized by you Company to agree to the following: Client is
granted an unlimited use license however Agency retains the
exclusive right to use the artwork in Agency portfolio and promote
Client design as a sample of Agency work at Agency discretion for
any purpose Agency chooses for as long as Agency chooses.
Governing Law:
All disputes that arise out of or relate in any way to this
Agreement shall be governed by and interpreted in accordance with
the substantive law of the State of Texas, in addition to any
applicable federal law. Venue for the resolution of any dispute
arising out of or relating to this Agreement shall be in Tarrant
County, Texas.
Privacy Policy:
At ScoCar, we are committed to protecting your privacy and to
developing technology that gives you the most powerful and secure
online experience. You can travel through most of our site without
giving us any information about yourself. But sometimes we do need
information to provide services that you request, and this statement
of privacy explains data collection and use in those situations.
This privacy statement explains data collection and use practices of
ScoCar.com; it does not apply to other online or offline ScoCar
sites, products or services. Please read the complete ScoCar.com
privacy statement.
Collecting your Personal Information:
We will ask you when we need information that personally identifies
you (personal information) or allows us to contact you. Generally,
this information is requested when you are registering before
entering a contest, ordering e-mail newsletters, joining a
limited-access premium site, signing up for an event, or when
purchasing and registering ScoCar products or services. Personal
information collected by ScoCar.com often is limited to e-mail
address, language, country or location, but may include other
information when needed to provide a service you requested.
For example: If you choose a service or transaction that requires
payment, we will request personal information necessary for billing
and/or shipping, such as: name, address, telephone number, and
credit card number.
When you order a service, we may ask you to register your purchase
electronically. When you do, we keep this registration information
on file with any information you've already given us on previous
visits to our Web site. This is considered your personal profile.
We occasionally hire other companies to provide limited services on
our behalf, including packaging, mailing and delivering purchases,
answering customer questions about products or services, sending
postal mail and processing event registration. We will only provide
those companies the information they need to deliver the service,
and they are prohibited from using that information for any other
purpose.
ScoCar may disclose your personal information if required to do so
by law or in the good faith belief that such action is necessary to:
(a) conform to the edicts of the law or comply with legal process
served on ScoCar or the site; (b) protect and defend the rights or
property of ScoCar and its family of Web sites, or (c) act in urgent
circumstances to protect the personal safety of users of ScoCar, its
Web sites, or the public.
Your information may be stored and processed in the United States or
any other country in which ScoCar or its affiliates, subsidiaries or
agents maintain facilities, and by using this site, you consent to
any such transfer of information outside of your country. ScoCar
abides by the safe harbor framework as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention
of data from the European Union.
Control of your Personal Information:
When you register, or otherwise give us personal information,
ScoCar.com will not share that information with third parties
without your permission, other than for the limited exceptions
already listed. It will only be used for the purposes stated above.
Registering also allows you to tell us how or whether you want
ScoCar.com to communicate with you.
ScoCar.com occasionally allows other companies to offer our
registered customers information about their products and services,
using postal mail only. If you do not want to receive these offers,
you should uncheck the box in the Contact Options section in the
Profile Center stating, "ScoCar partners can send me postal mail
about their services or products."
ScoCar.com may send out periodic e-mails informing you of technical
service issues related to a product or service you requested. You
will not be able to choose to unsubscribe to these mailings, as they
are considered an essential part of the service you have chosen.
Security of your Personal Information:
ScoCar.com strictly protects the security of your personal
information and honors your choices for its intended use. We
carefully protect your data from loss, misuse, unauthorized access
or disclosure, alteration, or destruction.
Your personal information is never shared outside the company
without your permission, except under conditions explained above.
Inside the company, data is stored in password-controlled servers
with limited access.
You also have a significant role in protecting your information. No
one can see or edit your personal information without knowing your
password, so do not share these with others.
Protection of Children's Personal Information:
The ScoCar.com site does not publish content that is targeted to
children.
Use of Cookies:
ScoCar.com does not use cookies. ScoCar.com reviews log files for
site-visitation statistics in aggregated form and only for improving
our site. ScoCar.com does not use web beacons, also known as clear
gif technology, or action tags that can tell a web site how many
visitors or you personally clicked on key elements (such as links or
graphics). We may share aggregated site statistics with partner
companies but do not allow other companies to place clear gifs on
our sites.
IMPORTANT: The policies herein provides comprehensive ScoCar
operating terms and conditions. You are responsible for reading and
understanding all terms and conditions as they are legally binding.
Anyone viewing our web site automatically agrees to all terms and
conditions of the ScoCar web site, whether or not they are
authorized by their organization to enter into any legally binding
agreements. All terms and conditions are subject to change without
prior notice. Updated June 7, 2011. |
