clevelandsteeltool.com
Terms of Use

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.