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Welcome to Cleveland Steel
Tool Company's ("CST's") web site (the "Site"). These Terms of Use should
be read carefully upon visiting the Site, using the Site, or purchasing
any of our products through the Site. Please check back periodically,
as CST reserves the right to modify these Terms of Use from time to
time.
Acceptance of
Terms
By visiting or using the
Site you accept the Terms of Use as set forth herein. If you do not
agree with all of these Terms, do not visit or use the Site. Visiting
and using the Site is expressly conditioned upon your assent to all
of the Terms of Use set forth herein.
Content
While CST uses reasonable
efforts to include accurate information on the Site, CST does not guarantee
the accuracy or reliability of any information or material that is found
on, in connection with, or posted to our Site, and has no liability
for such information or material, including for any errors or omissions
in the content of the Site. Further, although it may choose to do so,
CST is under no obligation to record or retain any of the material on
or associated with the Site.
Conduct
The Site may be used solely
for lawful purposes, and may not be used in violation of any applicable
law. The Site may not be used for the purposes of destroying, disrupting
or interrupting any software, hardware or any part of the Internet,
including denial of service attacks, imposition of an unreasonable or
disproportionately large load on our infrastructure, or virus dissemination.
You may not use any robot, spider or other automated device to monitor
or copy the web pages of the Site or the contents therein without the
express written permission of CST. CST, in its sole discretion, reserves
the right to prohibit use of the Site by any user who violates any of
these Terms of Use.
Information You
Send To Us
Except as otherwise expressly
set forth herein, any communication or material you transmit to the
Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as, non-confidential
and non-proprietary and may be used by CST or its affiliates for any
purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. You grant CST a royalty free, perpetual,
irrevocable, worldwide license to reproduce, modify, adapt, create a
derivative work from, perform, distribute, or publish any such material.
Furthermore, CST is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for any purpose
whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information. CST expressly reserves
the right to disclose any material transmitted to us, or information
relating to such material, if required to do so by law or in good faith
believe that such disclosures are reasonably necessary to (i) comply
with the legal process; (ii) enforce the terms and provisions contained
herein; (iii) respond to any claim that material contained on or associated
with the Site is in violation of any right of any third party; or (iv)
to protect the rights, property, or personal safety of CST, its employees,
its users, or the general public.
Ownership
All materials on the Site
created or provided by CST, including text, graphics, logos, icons,
and images, are the property of CST or its content providers, and are
protected by United States and international intellectual property laws.
The compilation of all the content on this Site is the exclusive property
of CST and is also protected by United States and international intellectual
property laws. You may download, view, copy, and print the materials
on this Site for personal use only, provided that you do not remove
or alter any trademark, service mark, or logo, or any copyright or other
intellectual property notices. Except as provided above, you may not
download, view, copy, print, reproduce, distribute, republish, display,
post, transmit, or modify any material, or portion thereof, located
on the Site in any form or by any means without the prior written consent
of CST. CST reserves the right to revoke any of the rights granted herein
at any time, and those rights automatically terminate if you violate
any of the terms or provisions herein. Upon revocation or termination
of such rights, you must destroy any digital or printed copies obtained
from any portion of the Site. Unauthorized use of any material on the
Site may violate copyright law, trademark law, and other laws of the
United States and other jurisdictions. All rights not expressly granted
herein are reserved.
CST, Porta-Punch, Handy Mag
1, Handy Mag 2 and Cleveland Steel Tool Company (Co.) are trademarks
of CST. The trademarks, service marks, and logos used on the Site are
trademarks of CST or others. Nothing on the Site shall be construed
as granting, by implication, estoppel, or otherwise, any license or
right to use any trademark without the prior written consent of CST.
The designations ä, ®,
©, SM or any
other intellectual property symbols reflect registration and/or use
in the context of United States laws related to such intellectual property
rights.
Payment
Payment for any products
purchased through the Site is governed by the applicable terms of sale.
Links to Other
Sites
The Site may contain links
to other web sites. CST has no control over, makes no representation
regarding and accepts no liability, obligation, or responsibility for,
the contents or performance of other web sites. Such links do not constitute
an endorsement of or any representation regarding the linked web site,
its content, owner, performance, or products or services described or
depicted therein.
Disclaimer of
Warranties
THE SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CST EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND REGARDING THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR PURPOSE, AND NON-INFRINGEMENT. CST MAKES NO WARRANTY THAT (i) THE
SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) RESULTS THAT MAY BE OBTAINED BY
USING THE SITE WILL BE ACCURATE OR RELIABLE; (iv) INFORMATION OR OTHER
MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS, DESIRES, OR NEEDS; OR (v) ANY ERRORS IN THE SOFTWARE
WHICH COMPRISES THE SITE WILL BE CORRECTED.
Any warranties that may apply
to products or services identified on the Site will be as set forth
in applicable terms of sale.
Any use of the Site, or any
distribution, download or access of or reliance on information or material
from the Site is undertaken at your own risk and discretion, and you
will be solely responsible for any loss or damage, including to your
computer system, data, or otherwise resulting therefrom. No information
or material obtained from or through the Site shall create any warranty
not expressly stated herein.
Limit of Liability
IN NO EVENT WILL CST BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE OR LOSS OF DATA, OR OTHER INTANGIBLE LOSS (EVEN IF CST HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO THE USE OF OR
INABILITY TO USE THE SITE.
IN JURISDICTIONS WHICH DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE PROVISIONS SET FORTH ABOVE
MAY NOT APPLY TO YOU.
CST shall not be liable for
any failure to perform under these Terms of Use where such failure results
from any cause beyond CST's reasonable control, including but not limited
to mechanical, electronic or communications failure or degradation.
Global Availability
& Applicable Laws
The Site may contain references
to CST products, services, or programs that are not available in your
country. Such references are not intended to announce such products,
services, or programs in your country. CST makes no representation that
access to the Site is permitted under the laws of your country, and
access to the Site is prohibited anywhere such access would violate
local law. You are responsible for compliance with all applicable laws
governing your access to the Site. The use of the Site and any claim
relating to it or its contents are governed by laws of the State of
Ohio, United States of America and controlling federal law of the United
States of America, without regard to conflict of laws provisions.
The Site may not be accessed
or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan,
North Korea, Iran, Syria, or any other country upon which the United
States has imposed an embargo; or (2) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. You hereby agree to the foregoing
and represent and warrant that you are not a national, resident or under
the control of any such country, or on any such list.
General Information
The terms and provisions
set forth in these Terms of Use are the complete and exclusive Terms
of Use between CST and you and they supersede and cancel any other agreements,
communications or understandings pertaining to the subject matter of
these Terms of Use. In the event that any term or provision of these
Terms of Use is deemed invalid or unenforceable by a court of competent
jurisdiction, the term or provision shall be limited or interpreted
in such a manner as to render the remaining terms and provisions valid
and enforceable to the maximum extent allowed by law. Courts of the
State of Ohio and the United States of America located in Cleveland,
Ohio shall exercise exclusive jurisdiction and venue of any action related
to the Site or these Terms of Use, and you agree to submit to personal
and exclusive jurisdiction of these courts. Any failure by CST to exercise
or enforce any term, provision, or right established by these Terms
of Use shall not constitute a waiver of such term, provision, or right.
These Terms of Use do not create an agency, joint venture, or employment
relationship, and you do not have the right to bind CST in any respect
whatsoever. The terms and provisions of these Terms of Use may not be
assigned, transferred, or sublicensed by you; however, CST reserves
the right to assign these Terms of Use in part or in whole to any third
party. You agree that, regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to the Site or
these Terms of Use must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in
these Terms of Use are for convenience only and do not have any legal
or contractual effect whatsoever.
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