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TERMS AND CONDITIONS OF USE
Terms and conditions of use for worldwide web sites owned, operated or controlled by Stanley Black & Decker, Inc. and/or its Affiliates ("Stanley Black & Decker").
PLEASE READ CAREFULLY: By accessing, browsing and/or using the pages in any site owned, operated or controlled by Stanley Black & Decker, including this Site, ("Stanley Sites") you agree to the terms and conditions set forth herein (“Terms”). If you do not agree, you should not use Stanley Sites. If you are currently a party to a separate, written agreement with Stanley Black & Decker that has terms that are inconsistent with these Terms, the terms of that Agreement will apply to matters that are within the scope of the Agreement.
ELECTRONIC COMMUNICATIONS: When you visit Stanley Sites or send e-mails to Stanley Black & Decker, you are communicating with Stanley Black & Decker electronically. You consent to receive communications from Stanley Black & Decker electronically. Stanley Black & Decker will communicate with you by e-mail or by posting notices on Stanley Sites. You agree that all agreements, notices, disclosures and other communications that Stanley Black & Decker provides to you electronically satisfy any legal requirement that such communications be in writing.
USE: Viewing a Stanley Site creates a copy of Stanley Black & Decker materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this Site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the Stanley Site. The materials published on Stanley Sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Stanley Black & Decker or its appropriate Affiliate.
LINKS: Stanley Sites may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of Stanley Black & Decker. Stanley Black & Decker provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. Stanley Black & Decker reserves the right to remove these links at any time and without notice. Other parties may provide links to Stanley Sites. Stanley Black & Decker does not require third parties to obtain Stanley Black & Decker's consent prior to linking to Stanley Sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on Stanley Sites or disparage or are otherwise detrimental to Stanley Black & Decker. Stanley Black & Decker assumes no responsibility for the content of sites that include links to Stanley Sites, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on Stanley Sites without the express written permission of Stanley Black & Decker.
TRADEMARKS: The trademarks, service marks and logos (“Trademarks”) used and displayed on Stanley Sites are registered and unregistered Trademarks of Stanley Black & Decker and others. Nothing on any Stanley Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site without the prior written consent of the Trademark owner. STANLEY, STANLEY in a Notched Rectangle design, BOSTITCH, CONTACT EAST, GOLDBLATT, HUSKY, JENSEN, LABOUNTY, MAC, PROTO, VIDMAR, and ZAG are some of the registered and unregistered trademarks owned by Stanley Black & Decker ("Stanley Trademarks"). Stanley Trademarks may not be used in connection with any product or service that is not manufactured by or under license from Stanley Black & Decker.
COPYRIGHT: All content included on Stanley Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Stanley Black & Decker or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on Stanley Sites is the exclusive property of Stanley Black & Decker (or the Affiliate identified in any copyright notice on the site) and is protected by United States and international copyright laws.
PRODUCTS AND PRICING: All products sold through Stanley Sites are subject to the then existing Terms and Conditions of Sale of the Stanley Black & Decker division or Affiliate responsible for sales of such products. Links to these Terms and Conditions can be found on the Home Pages of the relevant Stanley Sites. Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by Stanley Black & Decker.
APPLICABLE LAW: By visiting this Site, you agree that the laws of the State of Connecticut, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
DISPUTES: Any dispute between you and Stanley Black & Decker concerning a Stanley Site or the materials located on a Stanley Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however, that Stanley Black & Decker may commence action against you in a court of law for infringement of Stanley Black & Decker's intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration 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 administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in the City of Hartford, Connecticut, United States of America. 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 these Terms or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.
DISCLAIMER: THE MATERIAL IN STANLEY SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STANLEY BLACK & DECKER 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 EXPRESS OR IMPLIED. STANLEY BLACK & DECKER DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STANLEY BLACK & DECKER DOES NOT WARRANT THE AVAILABILITY OF STANLEY SITES, THAT STANLEY SITES AND YOUR USE OF STANLEY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT STANLEY SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. STANLEY BLACK & DECKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF STANLEY SITES AND/OR THE MATERIALS IN STANLEY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE. YOU (AND NOT STANLEY BLACK & DECKER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall not be applicable to New Jersey residents: (1) in the Disclaimer Section, the provision concerning limiting Stanley Black & Decker’s liability for any loss or damage is not applicable to New Jersey residents to the extent Stanley Black & Decker was negligent or has breached its obligation to you; and (2) in the Disputes Section, (a) the provision which limits the time within which claims against Stanley Black & Decker must be brought and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.
SEVERABILITY: If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section.
MODIFICATION TO TERMS AND CONDITIONS: Stanley Black & Decker can revise these Terms at any time by modifying or updating this posting. Your use of a Stanley Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms as modified and/or updated.
TERMS SPECIFIC TO USERS OF MOBILE APPLICATIONS: In addition to all other Terms herein, if you are downloading a mobile application provided by Stanley Black & Decker, you understand and agree that Stanley Black & Decker has no obligation to maintain, support, upgrade or update any mobile applications that it provides. It is also possible that as you download a mobile application, you may be asked to agree to terms in addition to these Terms regarding collection of information, including location information or warranties. If there is a conflict between these Terms and the terms you agree to at the time of downloading, the agreed to downloading terms will control. You understand and acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the downloaded mobile application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the mobile application and you accept responsibility for any such charges. You acknowledge that if you are downloading a mobile application through Apple iTunes or Google Play, neither Apple nor Google have an obligation to provide any support or maintenance services in relations to our mobile applications. If you have maintenance or support questions in relation to one of our mobile applications, contact us at (800) 262-2161.
The following additional terms apply to mobile applications that are downloaded from the Apple App Store:
i. With respect to mobile applications accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that is owned or controlled by the User; and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Stanley Black & Decker reserves all rights in and to the mobile applications not expressly granted to you under these Terms.
ii. You acknowledge and agree that (i) these Terms are concluded between you and Stanley Black & Decker only, and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below, and (ii) Stanley Black & Decker, not Apple, is solely responsible for the App Store Sourced Application and the Stanley Sites content.
iii. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
iv. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Stanley Black & Decker, Stanley Black & Decker, and not Apple, is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
v. Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
vi. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms for App Store Sourced Applications against you as a third-party beneficiary thereof.
vii. Without limiting any provisions of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
viii. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.
Last updated: October 2016