Effective: April 2014
Conditions of Use
Welcome to ScottKay.com (the “Website”). Scott Kay (A High Line Precious Acquisition LLC Company) and/or it’s subsidiaries (collectively “Scott Kay”) provides website features and other products and services to you when you visit or shop at the Website, use Scott Kay products or services, use Scott Kay applications for mobile, or use software provided by Scott Kay in connection with any of the foregoing (collectively, “Scott Kay services”). Scott Kay provides the Scott Kay Services subject to the following conditions. By using Scott Kay Services, you agree to these conditions. Please read them carefully. We offer a wide range of Scot Kay Services, and sometimes additional terms may apply. When you use a Scott Kay Service (including but not limited to mobile price checker and all future Scott Kay applications for tablets, computers, mobile or other forms of digital communication whether currently existing or not) you also will be subject to the guidelines, terms and agreements applicable to that Scott Kay Service (Service Terms).
When you use any Scott Kay Service, 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, by posting notices on the Websites or through the other Scott Kay Services. 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.
All content included in or made available through any Scott Kay Service, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software is the property of Scott Kay or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Scott Kay Service is the exclusive property of Scott Kay or it’s software suppliers protected by U.S. and international copyright laws.
Scott Kay trademarks, including but not limited to Scott Kay and other Scott Kay graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Scott Kay Service are trademarks or trade dress of Scott Kay in the U.S. and other countries. Scott Kay trademarks or trade dress may not be used in connection with any product or service that is not Scott Kay’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Scott Kay. All other trademarks not owned by Scott Kay or its subsidiaries 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 Scott Kay or its subsidiaries.
License and Site Access
Subject to your compliance with these Conditions of Use, Scott Kay grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Scott Kay Services. This license does not include any resale or commercial use of any Scott Kay Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Scott Kay Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Scott Kay or its licensors, suppliers, rightsholders, or other content providers. No Scott Kay Service, nor any part of any Scott Kay Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Scott Kay. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Scott Kay without express written consent. You may not use any meta tags or any other “hidden text” utilizing Scott Kay Y’s name or trademarks without the express written consent of Scott Kay. You may not misuse the Scott Kay Services. You may use the Scott Kay Services only as permitted by law. The licenses granted by Scott Kay terminate if you do not comply with these Conditions of Use or any Service Terms. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of scottkay.com so long as the link does not portray Scott Kay or Scott Kay Services or products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Scott Kay logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use any Scott Kay Service, 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. If you create sub users or customer admins for your account you are responsible for all of their activity and for their adherence to these Conditions of Use or any Service Terms. Scott Kay reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Scott Kay attempts to be as accurate as possible. However, Scott Kay does not warrant that product descriptions or other content of any Scott Kay Service is accurate, complete, reliable, current, or error-free. If a product offered by Scott Kay itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Wholesale Price displayed for products on our website are based on the previous Friday’s metal markets. The Retail Price is the manufacturer’s suggested retail price (MSRP). The Wholesale Price that appears on your order confirmation is based on the 2nd London Fix rates on the date that the order was placed. Your order may be billed in multiple invoices. Your order confirmation does not include the cost of shipping; the shipping charges will be reflected on your invoice. Scott Kay reserves the right to ship orders in multiple shipments regardless of the customer’s selections, at its sole discretion. Orders shipped in multiple shipments will incur charges for each shipment.
Despite our reasonable, a small number of the items in our catalog may be mispriced.
Disclaimer of Warranties and Limitation of Liability
This site is provided by Scott Kay on an “as is” and “as available” basis. Scott Kay makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on the site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Scott Kay disclaims all warranties express or implied, including, but not limited to, implied warranties of a merchantability and fitness for a particular purpose. Scott Kay does not warrant that this site, its servers, or email sent from Scott Kay or ScottKay.com are free of viruses or other harmful components. Scott Kay will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect incidental, punitive, and consequential damages. 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 may have additional rights.
By visiting this Website, you agree that the laws of the state of New York, 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 Scott Kay or its affiliates.
Any dispute relating in any way to your use of any Scott Kay Service, or to any products or services sold or distributed by Scott Kay or through the Website will be resolved by binding, confidential arbitration in New York City rather than in court; except that, to the extent you have in any manner violated or threatened to violate Scott Kay’s intellectual property rights, Scott Kay may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Scott Kay Services. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.
154 West 14th Street
New York, New York 10011