Terms of service

Terms of Service

 

These terms and conditions of service (“Terms”) are entered into between you and Toolbox Widget Inc. (“Toolbox Widget,” “we,” “us,” or “our”). These Terms, together with any documents expressly incorporated by reference, govern your access to and use of toolboxwidget.com (the “Website”).

Please read these Terms carefully before accessing or using our Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to or understand these Terms, then you may not use the Website.

You can review the most current version of these Terms at any time on this page. We may update, change, or replace any part of these Terms by posting updates and/or changes to the Website. Please check this page periodically for changes, as they are binding on you. By continuing to use or access the Website following any changes, you accept those changes.

 

SECTION 1 - ONLINE STORE

All purchases through our Website are governed by our Shipping Policy, our Returns and Warranty Policy, and our Warnings and Cautions, which are incorporated into these Terms. We reserve the right to choose who we sell to, where we sell to, whether and how much we sell. We can change our prices and products anytime without notice. Offers on our Website may not be valid everywhere.

 

SECTION 2 – ACCESS; ACCOUNT SECURITY

We can change or take down this Website, or any part of it, in our sole discretion without notice. We’re not responsible if all or any part of the Website is unavailable at any time or for any period. From time to time, we may limit what parts of the Website users can access.

You may be asked to give us certain information to access the Website or other resources.  You must make sure that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as strictly confidential and not provide that information to anyone else. Please notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Be careful using public or shared computers so that others cannot obtain your information.

We can disable your account information at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

The information on our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We are not liable and responsible for any reliance placed on such materials by you or anyone else.

Any third-party content on our Website reflects solely the opinion and responsibility of that third-party, not us. We are not responsible or liable for the content or accuracy of third-party materials.  Accessing linked third-party websites is entirely at your own risk and subject to their terms.  

 

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS

Our Website and its entire contents, features, and functionality are owned us, our licensors, or other providers of such material and are protected by United States and international intellectual property and proprietary rights laws.

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except:

·      your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

·      you may store files automatically cached by your Web browser for display enhancement purposes; and

·      you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for reproduction, publication, or distribution.

You must not:

·       modify copies of any materials from this Website;

·       use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

·       delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website; or

·       access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Toolbox Widget.

SECTION 5 - USER COMMENTS

 

The Website may contain interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Comments”) on or through the Website.

User Comments must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Comments must not:

·      violate or infringe any right of any third-party;

·      contain defamatory, obscene, indecent, offensive, harassing, abusive, or otherwise objectionable material;

·      contain any virus or other malware that could in any way affect the Website’s operation;

·      promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 

·      impersonate or misrepresent your identity or affiliation with any person or organization;

·      promote any illegal activity, or advocate, promote, or assist any unlawful act;

·      contain any material that could give rise to any civil or criminal liability; or

·      contain any material that otherwise may conflict with these Terms and our other terms contained in this Website.

You represent and warrant that your User Comments do and will comply with these Terms. You understand and agree that you are solely responsible for any User Comments you submit or contribute, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable for the content or accuracy of any User Comments.

 

By providing any User Comment on our Website, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. We are not obligated to compensate anyone, respond to, keep secret, or monitor, edit, or remove User Comments.

 

SECTION 6 - PERSONAL INFORMATION

 

All information we collect on this Website is subject to our Privacy Policy [https://toolboxwidget.com/policies/privacy-policy]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

SECTION 7 - PROHIBITED USES

 

You must not use the Website or its content:

·      for any unlawful purpose;

·      to solicit others to perform or participate in unlawful acts;

·      in any way that violates any international, federal, local, provincial or state regulations, rules, laws, or local ordinances;

·      to infringe upon or violate intellectual property rights;

·      to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

·      to submit false or misleading information;

·      to upload or transmit viruses or any other type of malicious code;

·      to collect or track the personal information of others;

·      to spam, phish, pharm, pretext, spider, monitor, copy, crawl, scrape, or introduce malicious or technologically harmful material;

·      to interfere with or circumvent the security features or proper working of the Website; or

·      to do anything else that may harm us or others, as determined by us.

 

SECTION 8 – TERMINATION; MONITORING AND ENFORCEMENT

 

We have the right to:

·      remove or refuse to post any User Comments for any or no reason in our sole discretion;

·      take any action on User Comments that we deem necessary or appropriate in our sole discretion, including if we believe that such User Comments violates these Terms, infringes any right, threatens personal safety, or could create liability for us;

·      disclose your identity or other information about you to any third party who claims that material posted by you violates their rights;

·      terminate or suspend your access to all or part of the Website for any or no reason;

·      take appropriate legal action; or

·      cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS TOOLBOX WIDGET AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

 

SECTION 9 - TRADEMARKS

 

The TBW name, the TBW logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TBW or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

SECTION 10 - DISCLAIMER OF WARRANTIES

 

You understand that we cannot and do not guarantee or warrant that downloadable files from the internet or the Website will be free of viruses or other destructive code. You are responsible for your own anti-virus measures and maintaining a means to reconstruct any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR OTHER MATERIAL.

THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOUR USE IS AT YOUR OWN RISK. NEITHER we NOR ANY PERSON ASSOCIATED WITH us MAKES ANY WARRANTY OR REPRESENTATION ABOUT THE WEBSITE’S COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER we NOR ANYONE ASSOCIATED WITH us REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET YOUR NEEDS OR EXPECTATIONS.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

SECTION 11 - LIMITATION OF LIABILITY

in no case WILL ToolBox Widget, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted or otherwise made available via the Website, even if foreseeable.

 

SECTION 12 – INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless Toolbox Widget, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or information obtained from it.

 

SECTION 13 – SEVERABILITY; WAIVER

 

If it turns out that a particular term of these Terms is not enforceable for any reason, this will not affect any other terms. If you fail to comply with these Terms and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

 

SECTION 14 - GOVERNING LAW AND JURISDICTION

 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule of any other jurisdiction.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website will be instituted exclusively in the United States federal courts or the courts located in King County, Washington. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

SECTION 15 – ARBITRATION

 

At our sole discretion, we may require you to submit any and all disputes arising from or related to these Terms or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.

 

SECTION 16 – TIME LIMITATION

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

SECTION 17 - ENTIRE AGREEMENT

 

These Terms, our Privacy Policy, our Shipping Policy, our Returns and Warranty Policy, and our Warnings and Cautions constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

 

SECTION 18 - CONTACT INFORMATION

 

If you have any questions, please contact us at support@toolboxwidget.com.