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Terms and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Tool
Workshop. The collective work includes works that are licensed to Tool
Workshop . Copyright 2008, Tool Workshop ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with
Tool Workshop or purchasing Tool Workshop products. You may display
and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Tool Workshop or to
purchase Tool Workshop products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by
Tool Workshop . You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Tool Workshop used in the
site are trademarks or registered trademarks of Tool Workshop
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Tool Workshop
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Tool Workshop does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. Tool Workshop does not make any
warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Tool
Workshop shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Tool Workshop
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In the
event that a Tool Workshop product is mistakenly listed at an
incorrect price, Tool Workshop reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. Tool
Workshop reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Tool Workshop shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Tool Workshop
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Tool Workshop or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
TheToolWorkshop does
not and cannot review all communications and materials posted to or
created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, TheToolWorkshop is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, TheToolWorkshop reserves the right to
block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to TheToolWorkshop in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless TheToolWorkshop , its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an
attempt to provide increased value to our visitors, TheToolWorkshop
may link to sites operated by third parties. However, even if the third
party is affiliated with TheToolWorkshop , TheToolWorkshop has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of TheToolWorkshop . These
linked sites are only for your convenience and therefore you access
them at your own risk. Nonetheless, TheToolWorkshop seeks to protect
the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites
it links to as well (including if a specific link does not work).
Failure of Payment
If
there is any type of chargeback or non payment for any type of products
or services TheToolWorkshop offers, we have the right to send the
customers information to a collection agency. We reserve the right to
1.5% monthly interest rate on all delinquent payments and have the
right to charge additional fees to cover our additional expenses of $25
dollars per chargeback and up to 150% of the original delinquent order
for a collection agency claim.
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