Terms & Conditions
RESTRICTIONS ON USE
The materials published in this site, www.tooloutfitters.net, or any other World Wide Web site owned, operated, licensed, or controlled by Tool Outfitters or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of Tool Outfitters or any of its relevant related, affiliated or subsidiary company or companies, as the case may be, EXCEPT: you may download one copy of the Materials on one computer for use on that computer only, provided you do not delete or change any copyright, trademark or other proprietary notices, and provided you do not further copy or post the Materials on any network computer or distribute the Materials in any media. You may only use the Materials posted on this Site for lawful purposes.
Any licenses for Tool Outfitters electronic products sold through this Site are subject to the terms and conditions of the Tool Outfitters Online End User License Agreement. Any other software downloaded from this Site, including, without limitation, all files, images and/or applets contained in or generated by software, and accompanying data (together, the "Software") is licensed to you by Tool Outfitters for use on the computer described in the preceding paragraph only. Neither title nor intellectual property rights, except for the limited license rights granted in this Section, are transferred to you. You may not decompile, reverse engineer, disassemble, copy, adapt, translate or modify the Software. You also may not resell, lease, sublicense or otherwise transfer the Software to any third party. We reserve the right to terminate this limited license at any time.
USER IDS AND PASSWORDS
You will be solely responsible for the maintenance and security of your login identifier and password, if any. Your login identifier and password are unique to you, and you agree not to disclose or share your login identifier and password with any third party. Tool Outfitters reserves the right to deny or revoke access to this Site, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Site will terminate upon the termination of this Agreement for any reason.
THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. TOOL OUTFITTERS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TOOL OUTFITTERS DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TOOL OUTFITTERS DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOOL OUTFITTERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT TOOL OUTFITTERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
DISCLAIMER OF LIABILITY
TOOL OUTFITTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. TOOL OUTFITTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY TOOL OUTFITTERS OR BY AN AUTHORIZED TOOL OUTFITTERS REPRESENTATIVE, OR AN AUTHORIZED TOOL OUTFITTERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. TOOL OUTFITTERS TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO TOOL OUTFITTERS, IF ANY, TO ACCESS THIS SITE.
PRODUCTS AND GEAR AND PRICING
All Tool Outfitters products and Tool Outfitters branded gear and Tool Outfitters branded clothing and accessories sold through this Site are subject to Tool Outfitters's standard Terms and Conditions of Sale unless otherwise specified. Product prices, configurations, and availability are subject to change at any time by Tool Outfitters, including changes to pricing and Terms and Conditions of Sale. Tool Outfitters shall have the right to refuse or cancel any order or delivery of any item for any reason including in the event of a pricing error. Currently, the products and gear displayed are available for delivery to addresses within the United States only. All prices displayed on this Site are quoted in U.S. dollars and are valid and effective only in the United States
Tool Outfitters and Mobile Dealer are registered trademarks of Tool Outfitters Incorporated in the United States, and some are registered in other countries. All other Tool Outfitters trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Tool Outfitters Incorporated or its affiliates or licensors. In countries where any of the Tool Outfitters trademarks, service marks, domain names, logos and company names are not registered, Tool Outfitters Incorporated claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Tool Outfitters or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact Tool Outfitters by sending an e-mail to email@example.com to request written permission to use Materials on this Site for purposes other than stated in the Terms and Conditions or for all other questions relating to this Site.
At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of Tool Outfitters. Tool Outfitters does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Tool Outfitters provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Tool Outfitters.
There may be circumstances where access to this Site is provided by a hypertext link located at another site. Tool Outfitters has no responsibility for the content of such other sites, Tool Outfitters does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and Tool Outfitters shall not be liable for any damages or injury arising from the content of or access to these other sites. Tool Outfitters does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by Tool Outfitters, you agree not to: (a) provide or create a link to this Site; or (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of Tool Outfitters.
Tool Outfitters or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations. Upon termination, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon Tool Outfitters's request, certify in writing that all Materials have been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, all Materials on this Site are made available only to provide information about Tool Outfitters and the products that it sells or markets. Tool Outfitters controls and operates this Site from the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some software, products, gear, and other materials and information from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If you download or use the Software, order products, or gear, or download materials or other information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access to this Site and its terms and conditions are governed by U.S. federal law and/or the laws of the State of Texas, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF TEXAS, U.S.A. YOU AND TOOL OUTFITTERS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and Tool Outfitters concerning this Site or the Materials shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Houston, Texas. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.
No delay or omission by Tool Outfitters to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Tool Outfitters of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
MODIFICATIONS TO TERMS AND CONDITIONS
Tool Outfitters can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.