Acceptance of Terms of Use
These Terms of Use govern your use of the F.J. Westcott Company’s Scenic Backgrounds service and website. By using, visiting, or browsing the F.J. Westcott Company’s Scenic Backgrounds service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the F.J. Westcott Company’s Scenic Backgrounds service or website.

These Terms of Use are an ongoing contract between you and The F.J. Westcott Company’s Scenic Backgrounds and do apply to your use of the F.J. Westcott Company’s Scenic Backgrounds service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
The F.J. Westcott Company, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use". The most current version of the Terms of Use will supersede all previous versions. Your use of the F.J. Westcott Company’s Scenic Backgrounds website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy
Any personally identifying information submitted on the F.J. Westcott Company’s Scenic Backgrounds website is subject to our privacy policy, the terms of which are incorporated herein.

How Our Service Works
The F.J. Westcott Company’s Scenic Backgrounds is an online rental service providing access to a comprehensive library of scenic backgrounds. We offer varying price levels, including special promotional plans with limitations. Under all plans, members select scenic backgrounds at our website, receive them by U.S. mail and return them using prepaid mailers. The F.J. Westcott Company’s Scenic Background rentals are week-long rentals that have a due date assigned for return. This due date is clearly marked on your return paperwork. The due date is the date the background must be received back at the F.J. Westcott Company’s Scenic Backgrounds fulfillment center or the return address provided on your return paperwork. This due date is roughly one week after you receive your scenic background rental. However, the F.J. Westcott Company’s Scenic Backgrounds is not responsible for delays caused by shipping. You accept full responsibility for insuring your scenic background rental is returned by the due date. Failure to return the scenic background rental by the date requested will result in the following additional charges charged to your credit card provided at the time an order is placed.
• Late Fees = $5.00 per day, regardless of background size, up to 14 days. Late fees will go into affect one day after the due date and will be charged daily, up to 14 days. Maximum late free charge = $70.00.
• Once a background is 14 days late, the scenic background is considered to be purchased. A 5’ x 6’ Scenic Background has a purchase price of $119.99 and a 6’ x 8’ Scenic Background has a purchase price of $149.99. Prices will be charged at full retail pricing.

DAMAGES
If the package arrives damaged, please do not accept delivery and contact us right away. Damages that occur during your rental period are subject to the following:
• If a rental is torn, you will be charged a replacement fee of $119.99 per 5’ x 6’ rental and $149.99 per 6’ x 8’ rental.
• If a rental arrives stained and can be professionally cleaned, you will be charged an additional $29.90 clean fee. If the background is stained and the stain cannot be removed, you will be charged a replacement fee of $119.99 per 5’ x 6’ rental and $149.99 per 6’ x 8’ rental.

You hereby authorize us to charge your Payment Method for any late or damaged backgrounds. We will alert you of any potential charges for late or damaged scenic backgrounds upon charging your Payment Method.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.

Below is a description concerning the operation of our scenic backgrounds rental service:

Delivery Speed
We utilize a fulfillment center to send and receive scenic background rentals you have selected to rent through UPS. We have located this center in such a manner as to provide fast and efficient delivery to our customers. The delivery times you encounter will vary based on a number of factors.

Allocation, Delivery and Return of Rented Scenic Backgrounds
We reserve the right to process orders and otherwise allocate and ship scenic backgrounds among our customers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of scenic backgrounds we purchase for any particular designs.
Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the fulfillment center from which your scenic background is shipped and your delivery address, (ii) the timing of your placement or adjustment of scenic backgrounds, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems.

We receive mail from the USPS and process returns Monday through Friday, except Holidays. Generally all of the returns are processed on the same day received. We will send an email to you soon after processing your return. We make no guarantee as to the shipping and delivery of scenic backgrounds and may, in our sole and absolute discretion; change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our customers.

Billing
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

Disclaimers of Warranties and Limitations on Liability
THE F.J. WESTCOTT COMPANY’S SCENIC BACKGROUNDS SERVICE, INCLUDING ALL SCENIC BACKGROUND, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SCENIC BACKGROUND SERVICE, THE WEBSITE AND ITS CONTENTS. THE F.J. WESTCOTT COMPANY’S SCENIC BACKGROUNDS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SCENIC BACKGROUND SERVICE, INCLUDING SHIPMENT OF SCENIC BACKGROUNDS, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SCENIC BACKGROUNDS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SCENIC BACKGROUNDS SERVICE, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with scenic backgrounds from the scenic rental service; (ii) errors or omissions in the content by the scenic background service or on the scenic background website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of scenic backgrounds, (v) any failure or interruption in the availability of the Scenic Backgrounds service and/or website (vi) delivery of any content contained on the scenic background website or through the scenic background service, and (vii) any losses or damages arising from the use of the content provided on the scenic backgrounds website or the scenic background service itself. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on scenic backgrounds. We do not represent or guarantee that your use of the scenic background service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon scenic backgrounds or its affiliated parties.

In no event shall the F.J. Westcott Company’s Scenic Backgrounds, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the scenic background website, its contents or the scenic background service. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the scenic background service. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

Copyright
All content included on the F.J. Westcott Company’s Scenic Backgrounds website and delivered to members as part of the service, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of The F.J. Westcott Co., and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of The F.J. Westcott Co. and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from The F.J. Westcott Co. You agree not to decompile, reverse engineer or disassemble any software, or other products or processes accessible through the scenic backgrounds website, not to insert any code or product or manipulate the content of the scenic backgrounds website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. The F.J. Westcott Co. reserves the right to terminate your membership hereunder if scenic backgrounds, in its sole and absolute discretion believes that you are in violation of this paragraph, such violations including the copying of scenic backgrounds rented to you by us, or other unauthorized use of our proprietary content. Scenic Backgrounds does not promote, foster or condone the copying of scenic backgrounds or any other infringing activity.
Your Conduct on the Scenic Backgrounds Website

By accessing the F.J. Westcott Company’s website, you agree to use the scenic background service, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the scenic backgrounds website. You also agree not to interfere with the servers or networks connected to the scenic backgrounds website or to violate any of the procedures, policies or regulations of networks connected to the scenic backgrounds website. You also agree not to impersonate any other person while using the scenic backgrounds website, conduct yourself in a vulgar or offensive manner while using our service, or use the scenic backgrounds website for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to rent scenic backgrounds. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, our background rental service and the content on the scenic backgrounds website, are for your personal and non-commercial use and we grant you a limited license to access the scenic backgrounds website for that purpose. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the scenic backgrounds website without our express written consent.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Claims of Copyright Infringement
It is the policy of the F.J. Westcott Company’s scenic backgrounds to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the scenic background website, or know of someone who is making unauthorized use of the content of the scenic background website, please notify us of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the scenic background website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

The F.J. Westcott Co, 1447 N. Summit Street
Toledo, OH 43604

Or fax to: 419-243-8401