Tool Crib, Inc. (“Tool Crib”) operates the website located at www.toolcrib.com as a service to its customers residing in the United States of America, its territories and possessions (“U.S.”).
1. User Eligibility
Toolcrib.com is available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on toolcrib.com are available only in the U.S. If you do not qualify, do not use toolcrib.com. In addition, you should only access toolcrib.com from within the United States or its territories, as access to toolcrib.com may be prohibited in countries outside the U.S. If you access toolcrib.com from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
Special Note regarding Children: Toolcrib.com is not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use toolcrib.com. Tool Crib, Inc. will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use toolcrib.com and you should always monitor your children’s use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.
2. Ownership and Permitted Use of toolcrib.com and their Content
Toolcrib.com content is for your information, education and shopping pleasure. Please feel free to browse toolcrib.com. However, you should keep in mind that all of the information, content, and other material contained on toolcrib.com, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all “Content”) are the sole and exclusive property of Tool Crib, Inc., its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by the owner. You may view, download, and print material displayed on toolcrib.com for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
3. Certain Restrictions on Use
You may not:
• distribute, retransmit, republish, reuse, repost, or use the contents of toolcrib.com for public or commercial purposes, without Tool Crib’s prior written permission;
• alter, modify, frame, or “mirror” any content contained on toolcrib.com
• use any data mining, robots, or similar data-gathering and extraction tools in connection with toolcrib.com;
• remove or alter any copyright or other proprietary notices contained on the Content;
• input or upload onto toolcrib.com any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
• post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to toolcrib.com; or engage in any type of harassment activity via toolcrib.com.
4. Errors on toolcrib.com
Tool Crib, Inc. shall have no responsibility for errors of any kind on toolcrib.com or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. Tool Crib, Inc. reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
Because actual colors and the “look and feel” you see on toolcrib.com will depend on your monitor and other technical factors, Tool Crib, Inc. cannot guarantee that any video display of any product information or other data will be accurate at any time.
5. Feedback and Submissions to toolcrib.com
Tool Crib, Inc. welcomes your comments regarding the products and services offered on toolcrib.com. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on toolcrib.com (ii) toolcrib.com in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on toolcrib.com or through the feedback and survey opportunities offered by Tool Crib, Inc. or third parties will be considered non-confidential, non-proprietary and not personal to you or anyone else and may be disseminated or used by Tool Crib, Inc. , its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to toolcrib.com, you grant to Tool Crib, Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Tool Crib, Inc. any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to toolcrib.com.
By submitting material to toolcrib.com, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Tool Crib, Inc. as to the origin of any submission. You agree to indemnify Tool Crib, Inc.for all claims against it that arise from or are connected with your submission(s).
6. Disclaimer of Warranty
Toolcrib.com, including all Content and the Content of any Linked Websites, are provided “as is” and “as available.” AS TO TOOLCRIB.COM, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, TOOL CRIB, INC. EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Without limitation to the foregoing, Tool Crib, Inc. makes no warranty: (a) that there will be no interference with your enjoyment of toolcrib.com or Linked Websites; (b) that the Content provided on toolcrib.com or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on toolcrib.com or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to toolcrib.com or Linked Websites will be honored according to your schedule or any stated schedule; (e) that toolcrib.com or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that toolcrib.com or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of toolcrib.com or Linked Websites will be accurate and reliable; (h) that any errors in the content of toolcrib.com or Linked Websites will be corrected; (i) that materials on toolcrib.com or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on toolcrib.com or Linked Websites are available for use in any particular location.
You assume total responsibility and risk for your use of toolcrib.com and any Linked Website. Any material downloaded or otherwise obtained through the use of toolcrib.com or Linked Website shall be so obtained at your own discretion and risk. Tool Crib, Inc. will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from toolcrib.com or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from toolcrib.com or any Linked Website.
7. Limitation of Liability
Tool Crib, Inc. will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of toolcrib.com, even if Tool Crib, Inc. have been advised of the possibility of such damages.
8. Order Fulfillment
Tool Crib, Inc. reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Tool Crib, Inc. shall not be liable to you or any third party for such denial or refusal.
Toolcrib.com may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as “Linked Websites”). Tool Crib, Inc. have no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Tool Crib, Inc. do not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Tool Crib, Inc.
13. Updates and Changes to Policies
14. Contact Information
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via toolcrib.com, please notify Tool Crib, Inc. immediately at firstname.lastname@example.org
Effective October 1, 2010