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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Automotive Specialty Tools, Inc. The collective work includes works
that are licensed to Automotive Specialty Tools, Inc. Copyright 2006,
Automotive Specialty Tools, Inc ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with Automotive Specialty
Tools, Inc or purchasing Automotive Specialty Tools, Inc products. You
may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions
of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with Automotive Specialty
Tools, Inc or to purchase Automotive Specialty Tools, Inc products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Automotive Specialty Tools, Inc. You
further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Automotive Specialty
Tools, Inc used in the site are trademarks or registered trademarks of
Automotive Specialty Tools, Inc
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Automotive
Specialty Tools, Inc disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Automotive
Specialty Tools, Inc does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
Automotive Specialty Tools, Inc does not make any warrantees or
representations regarding the use of the materials in this site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Automotive
Specialty Tools, Inc shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the products on this site or the performance of the products, even
if Automotive Specialty Tools, Inc has been advised of the possibility
of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a Automotive Specialty Tools, Inc product is mistakenly
listed at an incorrect price, Automotive Specialty Tools, Inc reserves
the right to refuse or cancel any orders placed for product listed at
the incorrect price. Automotive Specialty Tools, Inc reserves the right
to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled, Automotive
Specialty Tools, Inc shall issue a credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Automotive
Specialty Tools, Inc without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Automotive
Specialty Tools, Inc may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Automotive Specialty Tools, Inc
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
Automotive Specialty Tools, Inc products shall be in the state or
federal courts located in San Bernardino County, California. Any cause
of action or claim you may have with respect to the site (including but
not limited to the purchase of Automotive Specialty Tools, Inc products
must be commenced within one (1) year after the claim or cause of
action arises. Automotive Specialty Tools, Inc's failure to insist upon
or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions.
Automotive Specialty Tools, Inc may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Automotive Specialty Tools, Inc or
other licensed employee, host, or representative, as well as other
members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate any
law. You may not upload commercial content on the site or use the site
to solicit others to join or become members of any other commercial
online service or other organization.
Participation Disclaimer
Automotive
Specialty Tools, Inc does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Automotive
Specialty Tools, Inc is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Automotive
Specialty Tools, Inc reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to
Automotive Specialty Tools, Inc in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Automotive Specialty
Tools, Inc, its officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, Automotive
Specialty Tools, Inc may link to sites operated by third parties.
However, even if the third party is affiliated with Automotive
Specialty Tools, Inc, Automotive Specialty Tools, Inc has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of Automotive Specialty Tools, Inc.
These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Automotive Specialty Tools,
Inc seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does
not work).
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