Tools Plus Terms of Use

Effective Date: 7/1/2021

About these Terms

These Terms of Use describe the terms on which we, Tools Plus, Inc., provide the toolsplus.com website and other internet websites owned or controlled by Tools Plus, Inc. that link to these Terms of Use (the “Website”). By accessing the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or to the Privacy Policy, then please do not use the Website.

We may update these Terms of Use and our Privacy Policy from time to time. Accordingly, you should check the date of the Terms of Use and our Privacy Policy and review any changes since the last version. We will use reasonable efforts to notify you of any material updates to these Terms of Use. You agree that your continued use of the Website after any updates to the Terms of Use constitute your acceptance of the updated Terms of Use.

In these Terms of Use, "we", "us" and "our" refer to Tools Plus, Inc., and “you” and “your” refers to you, the user or viewer of the Website.

From time to time, we may also adopt supplemental terms and policies to address specific situations. As of the Effective Date of these Terms of Use, those policies are our Shipping Policy, our Return Policy, our Payment Policy and our Terms and Conditions related to the Tools Plus Rewards Program. Those supplemental terms and policies are in addition to these Terms of Use but, if they conflict with these Terms of Use, then the conflicting terms of the supplemental terms and policies will govern regarding their subject matter.

Eligibility

The Website is intended for use by individuals who have reached the age of majority where they reside. By placing an order on the Website, you acknowledge that have reached that age.

Accuracy of Information on the Website

We make every reasonable effort to have an accurate Website that is free from errors. However, it is possible for errors to occur. We do not make any guarantees, warranties, or representations concerning the accuracy, reliability, fitness for any particular purpose, or completeness of the Website or any information found on the Website. THE WEBSITE AND THE CONTENT ON IT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

Orders and Pricing

The information on the Website does not constitute a binding offer to sell products or to sell products to you. We reserve the right to accept or decline all or any part of your orders, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are in U.S. dollars and are intended to be valid and effective only in the United States. If a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

All orders are subject to our return policies.

Product Warning

Many of the tools and related products that we sell through the Website are dangerous if misused. You should always read and understand the safety information which comes with these products, use tools only in accordance with manufacturer instructions, and not use any tool unless you are comfortable doing so. When using these products, you should wear appropriate eye protection and other safety equipment. And, you should never use a power tool if you are tired, distracted or under the influence of alcohol or any type of drug.

Ownership of the Website

We, and our suppliers and licensors, own the Website and all graphics, text, design software, audio clips and other material and information found on the Website (collectively, “Content”), all of which is protected by copyright, trademark and other applicable laws. You may access and download Content for your personal use only, provided that you leave intact any copyright or trademark notices. You may not modify, re-distribute, transmit, perform, broadcast, publish, reverse-engineer, transfer or otherwise use Content for any other purpose.

You may not use frames or framing techniques or technology to enclose Content without our express written consent. Further, you may not utilize our trademarks or any Content in any meta tags or any other "hidden text" techniques or technologies without our express written consent.

Your Account

Some features on the Website require that you create an account and provide information about yourself, such as your name, address, email address, telephone number, and area of interest. By registering, you agree that this information is accurate and current.

You must keep your account login information secret. In particular, you should not re-use any password that you use on any other website or services. You are responsible for all activities performed from your account. If you have any reason to believe that your account password has been used without your authorization, please notify us immediately.

Reviews

The Website may allow you to submit reviews of products. All reviews must be made in good faith and based on your personal experience. When you submit a review, you MUST NOT (i) include any personal information about yourself or any third party, (ii) include any material which is defamatory or which infringes the copyright rights, trademark rights or other proprietary rights of any party, or (iii) include any material which is obscene, pornographic, racist or otherwise offensive. We may remove or redact reviews in our discretion for any reason.

Links

Our Website may contain links to other websites, some of which are operated by us or our affiliates and others of which are operated by third parties. These links are provided for convenience and we do not make any warranty or representation regarding the content to which they link or even that the link itself will be functional. When you follow a link, you will be subject to the terms of use and privacy policy applicable to the linked-to website, which may be different than those that apply to this Website. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

Applicable Law and Arbitration

These Terms of Use and our Privacy Policy and your conduct when using the Website are all governed by Connecticut substantive law.

Any and all claims or disputes that arise in connection with these Terms shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, as modified by these Program Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees. The site of the arbitration shall be Waterbury Connecticut.

Miscellaneous

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then the remaining provisions of these Terms of Use will remain in place and enforceable, and the relevant provision will be deemed stricken from these Terms of Use. We shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, regardless of whether any such claim is based on a theory or theories of breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action. Our total liability to you is limited to the amount you paid to us for the product or service at issue, even if we are advised in advance that you may incur harm beyond such amount. If we do not insist upon or enforce strict performance of any provision of these Terms of Use, then that failure shall not be construed as a waiver of any provision or right. No waiver in any one instance shall be deemed to be a waiver in any other instance. We may assign or subcontract our rights and duties under these Terms of Use or our Privacy Policy to any party at any time without notice to you. You may not assign these Terms of Use or any of your rights or duties under them. These Terms of Use, our Privacy Policy, and our supplemental terms and policies (as described above) collectively constitute the full and complete agreement between you and us related to the Website and your use of the Website.

DMCA Notices

If you believe that any materials on the Website infringe your copyright and you wish to send us a “Takedown” notice pursuant to 17 USC 512(c)(3), then please send us, or have your agent send us, a notice with the following information:

1. The identity of the copyright work or works being infringed and, if available, where it may be found on the internet;

2. The identification of the material on the Website which you believe is infringing including the URL where the material may be found and such other information that we may reasonably need to locate the material;

3. Your contact information including your address, telephone number and email address;

4. A statement that you have a good-faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law;

5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the of owner of an exclusive right that is allegedly infringed; and

6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be sent to our DMCA Copyright agent by email or postal mail to: dmca@toolsplus.com or

Tools Plus, Inc.

Attn: DMCA Agent

60 Scott Road

Prospect, CT 06712

1-800-222-6133 x 802.

Our DMCA Agent information may be found in the U.S. Copyright Office’s online directory of registered agents by searching for “toolsplus.com” or "Tools Plus."