Policy Effective: May 1, 2018
1. Acceptance
of the Terms of Use. These terms of use are
entered into by and between You and Bolton Tool, Inc. ("Company",
"we" or "us"). The following terms and
conditions (“Terms of Use"), govern your access to and use of www.Bolton
Tool.com (the "Site"), including any content, functionality
and services offered on or through the Site. Please read the Terms of Use
carefully before you start to use the Site. By using the Site, you
accept and agree to be bound and abide by these Terms of Use, our Privacy
Policy, and User Agreement – Terms of Service. If
you do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Site. This Site is offered and available to users who are
18 years of age or older. By using this Site, you represent and warrant that
you are of legal age to form a binding contract with the Company and meet all
of the foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Site.
2. Changes to
the Terms of Use. We may revise and update
these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them. Your continued use of the Site
following the posting of revised Terms of Use means that you accept and agree
to the changes. You are expected to check this page from time to time so you
are aware of any changes, as they are binding on you.
3 .Use of
Site for Intended Purposes Only. We make the
Site and Services available for Customers and Skilled Workers to connect and
enter into Service Contracts. Users of the Site are expected to use the
Site and Services for their intended purposes and not for any other purposes.
The following are not permitted use of the Site:
- Any arrangement for free services, including
requesting Skilled Workers to submit work as part of the proposal process
for very little or no money or posting contests in which Skilled Workers
submit work with no or very little pay.
- Requesting a fee before allowing another User to
submit a proposal.
- Posting more than one version of an active job.
- Withholding payment or work product or engaging
in any other conduct for the purpose of obtaining positive feedback from
another User.
- Any attempt to, manipulate, or coerce another
User by threatening to give negative feedback.
- Using the Site to express views unrelated to the
work, such as political, religious, or social commentary.
- Duplicating or sharing accounts.
- Selling, trading, or giving an account to
another person without our consent.
- Sharing or soliciting contact information such
as email, phone number, or Skype ID in a profile or job post.
- Advertising products or services that are
outside or beyond the scope of services offered by through the Site. and
- Advertising on the Site to recruit Skilled
Workers to join an agency or another website or company.
- Posting, distributing and circulating any
videos, photos, documents or other information that is not publicly
available regarding the intellectual property rights, including without
limitations patents, trademarks and copyrights, or other proprietary
information, including sales, design, or other business information of
any other User that becomes available to you as a result of your use of
the Site or interaction with such other User.
- Users may use payment processing services
outside of the Site. however, only Users who elect to use payment
processing services offered through the Site will be eligible for our
Commitment Pledge.
4. Misleading
Content Prohibited. All profiles, jobs,
proposals, and other content posted to the Site must be accurate.
Misleading information is strictly prohibited and includes (a)
misrepresenting a Skilled Worker’s experience, skills, or information (b)
impersonating any person or entity or falsely stating or otherwise
misrepresenting your affiliation with a person or entity. (c) falsely
attributing statements to any person. (d) allowing another person to use your
account, which is misleading to other Users. (e) falsely stating or implying a
relationship with us or with another company with whom you do not have a
relationship. (f) falsely stating or implying a relationship with another User.
and (g) falsely stating that one Skilled Worker will perform the work on a job
when another will in fact perform the work, including submitting a proposal on
behalf of a Skilled Worker that is unable, unwilling, or unavailable to do the
work.
5. Accessing
the Site and Account Security. We
reserve the right to withdraw or amend this Site, and any service or material
we provide on the Site, in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Site is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
the Site, or the entire Site, to users, including registered users. You are
responsible for making all arrangements necessary for you to have access to the
Site and ensuring that all persons who access the Site through your internet
connection are aware of these Terms of Use and comply with them. To
access the Site or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your
use of the Site that all the information you provide on the Site is correct,
current and complete. You agree that all information you provide to register
with this Site or otherwise, including but not limited to through the use of
any interactive features on the Site, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy. If you choose, or are provided with,
a username, password or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your
account is personal to you and agree not to provide any other person with
access to this Site or portions of it using your username, password or other
security information. You agree to notify us immediately of any unauthorized
access to or use of your username or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a
public or shared computer so that others are not able to view or record your
password or other personal information. We have the right to disable any username,
password or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our opinion,
you have violated any provision of these Terms of Use.
6. Intellectual
Property Rights. The Site and its entire
contents features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our Site, except as follows:
(a) Records of transactions facilitated via the Site. (b) Your computer may
temporarily store copies of such materials in RAM incidental to your accessing
and viewing those materials. (c) You may store files that are automatically
cached by your Web browser for display enhancement purposes. (d) If we provide
desktop, mobile or other applications for download, you may download a single
copy to your computer or mobile device solely for your, provided you agree to
be bound by our end user license agreement for such applications. You must not (a)
modify copies of any materials from this site. (b) use any illustrations,
photographs, video or audio sequences or any graphics from the Site not posted
by you. (c) delete or alter any copyright, trademark or other proprietary
rights notices from copies of materials from the Site. (d) access or use for
any commercial purposes any part of the Site or any services or materials
available through the Site, excepting the intended Service provided by the
Site. If you print, copy, modify, download or otherwise use or provide
any other person with access to any part of the Site in breach of the Terms of
Use, your right to use the Site will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made. No right,
title or interest in or to the Site or any content on the Site is transferred
to you, and all rights not expressly granted are reserved by the Company. Any
use of the Site not expressly permitted by these Terms of Use is a breach of
these Terms of Use and may violate copyright, trademark and other laws.
7. Trademarks.
The Company name and all related names, logos,
product and service names, designs and slogans are trademarks of the Company or
its affiliates or licensors. You must not use such marks without the prior
written permission of the Company. All other names, logos, product and service
names, designs and slogans on this Site are the trademarks of their respective
owners.
8. Prohibited
Uses. You may use the Site only for lawful purposes
and in accordance with these Terms of Use. You agree not to use the Site to:
- violate any applicable federal, state, local or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
- Transmit, or procure the sending of, any
advertising or promotional material, including any "junk mail",
"chain letter" or "spam" or any other similar solicitation.
- Impersonate or attempt to impersonate the
Company, a Company employee, another user or any other person or entity
(including, without limitation, by using e-mail addresses associated with
any of the foregoing).
- Engage in any other conduct that restricts or
inhibits anyone's use or enjoyment of the Site, or which, as determined
by us, may harm the Company or users of the Site or expose them to liability.
- Use any robot, spider or other automatic device,
process or means to access the Site for any purpose, including monitoring
or copying any of the material on the Site.
- Use any manual process to monitor or copy any of
the material on the Site or for any other unauthorized purpose without
our prior written consent.
- Attempt to gain unauthorized access to,
interfere with, damage or disrupt any parts of the Site, the server on
which the Site is stored, or any server, computer or database connected
to the site.
- Attack the Site via a denial-of-service attack
or a distributed denial-of-service attack.
- Seek, offer, or endorse illegal, obscene, or
pornographic services or activities, including services (i) that would
violate the intellectual property rights, including copyrights, of
another person, entity, service, product, or website or (ii) that would
involve the creation, review, or editing of pornographic, erotic,
obscene, or sexually explicit material.
- Post content that is offensive, defamatory,
profane, vulgar, obscene, threatening, discriminatory, illegal,
pornographic, obscene, or sexually explicit in nature.
- Seek, offer, or endorse any services that would
violate our Terms of Service or the terms of service of another website
or any other contractual obligations.
- Fraudulently billing or attempting to
fraudulently bill any Customer, including by (i) falsifying or
manipulating or attempting to falsify or manipulate the records regarding
any Services provided to or obtained from the Site, (ii) reporting,
recording, or otherwise billing Customers for time that was not actually
worked, or (iii) reporting, recording, or otherwise billing hours worked
by another person as hours worked by you in a way that is misleading or
false.
- Express a preference in a job post or proposal
or otherwise unlawfully discriminating on the basis of race, religion,
color, national origin, ancestry, physical or mental disability, medical
condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, military/veteran
status or any basis protected by applicable law.
- Post content that is harassing towards another
person or violates the rights of a third-party.
- Post identifying information concerning another
person.
- Make or demand bribes.
- Make or demand payments without the intention of
providing or receiving services in exchange for the payment.
- Engaging in any conduct that is reasonably
likely to or that is intended to harm the Site, including (i) imposing an
unreasonable or disproportionately large load (in our sole discretion) on
the Site’s infrastructure. (ii) interfering or attempting to interfere
with the proper operation of the Site or Site Services or any activities
conducted on the Site. (iii) bypassing any measures we may use to prevent
or restrict access to the Site or any subparts of the Site, including,
without limitation, features that prevent or restrict use or copying of
any content or enforce limitations on use of the Site or the content
therein. or (iv) attempting to interfere with or compromise the system
integrity or security or decipher any transmissions to or from the
servers running the Site.
9. User
Contributions. The Site may contain message
boards, chat rooms, personal web pages or profiles, forums, bulletin boards,
and other interactive features (collectively, "Interactive Services")
that allow users to post, submit, publish, display or transmit to other users
or other persons (hereinafter, "post") content or materials
(collectively, "User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in
these Terms of Use. Any User Contribution you post to the site will be
considered non-confidential and non-proprietary. By providing any User
Contribution on the Site, you grant us and our affiliates and service
providers, and each of their and our licensees, successors and assigns the
right to use, reproduce, modify, perform, display, distribute and otherwise
disclose to third parties any such material [for any purpose/according to your
account settings. You represent and warrant that: (a) You own or control all
rights in and to the User Contributions and have the right to grant the license
granted above to us and our affiliates and service providers, and each of their
and our licensees, successors and assigns, and all of your User Contributions
do and will comply with these Terms of Use. You understand and acknowledge that
you are responsible for any User Contributions you submit or contribute, and
you, not the Company, have fully responsibility for such content, including its
legality, reliability, accuracy and appropriateness. We are not responsible,
or liable to any third-party, for the content or accuracy of any User
Contributions posted by you or any other user of the Site.
10.
Monitoring and Enforcement. Termination. We
have the right to:
- Remove or refuse to post any User Contributions
for any or no reason in our sole discretion.
- Take any action with respect to any User
Contribution that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Contribution violates
the Terms of Use, including the Content Standards, infringes any
intellectual property right or other right of any person or entity,
threatens the personal safety of users of the Site or the public or could
create liability for the Company.
- Disclose your identity or other information
about you to any third-party who claims that material posted by you
violates their rights, including their intellectual property rights or
their right to privacy.
- Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized
use of the Site.
- Terminate or suspend your access to all or part
of the Site for any violation of these Terms of Use.
- Without limiting the foregoing, we have the
right to fully cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Site. YOU
WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND
SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE
COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW
ENFORCEMENT AUTHORITIES. However, we do not undertake to review all
material before it is posted on the Site and cannot ensure prompt removal
of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third-party. We have no
liability or responsibility to anyone for performance or nonperformance
of the activities described in this section.
11. Content
Standards. These content standards apply
to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
- Contain any material which is defamatory,
obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory or otherwise objectionable.
- Promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret,
copyright or other intellectual property or other rights of any other
person.
- Violate the legal rights (including the rights
of publicity and privacy) of others or contain any material that could
give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Use
and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate,
promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless
anxiety or be likely to upset, embarrass, alarm or annoy any other
person.
- Impersonate any person or misrepresent your
identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as
contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or
are endorsed by us or any other person or entity if this is not the case.
12. Reliance
on Information Posted. The information
presented on or through the Site is made available solely for general
information purposes and information posted by Site Users, including Skilled
Workers and Customers, are the sole responsibility of such Users. We do
not warrant the accuracy, completeness or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by any User or other visitor to the Site. This Site
includes content provided by third parties, including materials provided by its
Users. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or liable to you or
any third-party, for the content or accuracy of any materials provided by any
third parties.
13. Changes
to the Site. We may update the content on
this Site from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Site may be out of date at any given
time, and we are under no obligation to update such material. Prices are subject
to change at any given time, and without notice. Some sizes may be approximate.
if you require an exact size, please inquire with Customer Service directly.
14.
Information About You and Your Visits to the Site. All
information we collect on this Site is subject to our Privacy Policy. By using
the Site, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
15. Online
Transactions and Other Terms and Conditions. All
purchases through our site or other transactions for the sale of services
through the Site or as a result of visits made by you are governed by our User
Agreement - Terms of Service, which are hereby incorporated into these
Terms of Use. Additional terms and conditions may also apply to specific
portions, services or features of the Site. All such additional terms and
conditions are hereby incorporated by this reference into these Terms of Use.
16. Links
from the Site. If the Site contains
links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. If you decide to access any of the third-party Sites linked to this
Site, you do so entirely at your own risk and subject to the terms and
conditions of use for such Sites.
17.
Geographic Restrictions. The owner of
the Site is based in the state of California in the United States. We provide
this Site for use only by persons located in the United States. We make no
claims that the Site or any of its content is accessible or appropriate outside
of the United States. Access to the Site may not be legal by certain persons or
in certain countries. If you access the Site from outside the United States,
you do so on your own initiative and are responsible for compliance with local laws.
18. User
Contribution License. When you post User
Contribution on the Site or through the Site Services or provide Bolton Tool
with User Contribution, you represent and warrant that you have the right,
power, and authority to post that User Contribution and grant the licenses
specified below. You further represent and warrant that by posting or providing
such User Contribution you will not violate third-party rights of any kind,
including, without limitation, any Intellectual Property Rights, rights of publicity,
and privacy rights. To the extent your User Contribution may be copyrightable,
you represent, warrant, and covenant that you are the owner of all the
copyright rights to such User Contribution and that Bolton Tool may exercise
the rights to your User Contribution granted under the Terms of Service without
any liability or obligation for any payment. You retain all ownership
rights in any User Contribution you post on Bolton Tool. To the extent
permitted by applicable law, you also grant to Bolton Tool and our successors
and Affiliates a royalty-free, sub-licensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify,
publish, list information regarding, edit, translate, distribute, publicly
perform, publicly display, and make derivative works of all such User
Contribution and your name, voice, and/or likeness as contained in your User
Contribution, in whole or in part, and in any form, media, or technology,
whether now known or hereafter developed, for use in connection with the Site
and Bolton Tool’s (and our successors’ and Affiliates’) business, including,
without limitation, for promoting and redistributing part or all of the Site
(and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each User a non-exclusive license to access
your User Contribution through the Site and to use, reproduce, distribute,
display, and perform such User Contribution to the extent permitted through the
normal functionality of the Site and subject to all applicable confidentiality
and other provisions of this Agreement, our Privacy Policy, and applicable law.
The licenses to User Contribution granted by you in this Agreement will
terminate within a commercially reasonable time after you remove or delete your
User Contribution from the Site, except that you grant Bolton Tool and our
successors and Affiliates the irrevocable and perpetual license to retain and
use, but not publicly display or distribute, server or archival copies of all
User Contribution that you have removed or deleted to the extent permitted by
applicable law. You may submit comments or ideas about the Site and Site
Services, including without limitation about how to improve the Site or Site
Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a)
your disclosure is voluntary, gratuitous, unsolicited, and without restriction
and will not place Bolton Tool under any fiduciary or other obligation, (b)
your Ideas do not contain the confidential or proprietary information of third
parties, and (c) we are free to use the Ideas without any additional
compensation to you and to disclose the Ideas on a non-confidential basis or
otherwise to anyone. You further acknowledge and agree that, by acceptance of
your submission, Bolton Tool does not waive any rights to use similar or
related ideas known or developed by Bolton Tool or obtained from sources other
than you.
19.
Disclaimer of Warranties. You understand that
we cannot and do not guarantee or warrant that files available for downloading
from the internet or the Site will be free of viruses or other destructive
code. You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for anti-virus protection and accuracy
of data input and output, and for maintaining a means external to our site for
any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING
OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF
THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT
YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
20.
Limitation on Liability. IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER
SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21.
Indemnification. You agree to defend,
indemnify and hold harmless the Company, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys' fees) arising out of or
relating to your violation of these Terms of Use or your use of the Site,
including, but not limited to, your User Contributions, any use of the Site's
content, services and products other than as expressly authorized in these
Terms of Use or your use of any information obtained from the Site.
22. Governing
Law and Jurisdiction. All matters
relating to the Site and these Terms of Use and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes
or claims), shall be governed by and construed in accordance with the internal
laws of the State of California without giving effect to any choice or conflict
of law provision or rule (whether of the State of California or any other
jurisdiction). Any legal suit, action or proceeding arising out of, or related
to, these Terms of Use or the Site shall be instituted exclusively in the
federal courts of the United States or the courts of the State of California
[in each case located in the City of Los Angeles and County of Los Angeles
although we retain the right to bring any suit, action or proceeding against
you for breach of these Terms of Use in your country of residence or any other
relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
23.
Arbitration. At Company's sole
discretion, it may require You to submit any disputes arising from the use of
these Terms of Use or the Site, including disputes arising from or concerning
their interpretation, violation, invalidity, non-performance, or termination,
to final and binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying California law.
24.
Limitation on Time to File Claims. ANY
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS
OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25. Waiver
and Severability. No waiver of by the Company
of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of the Company to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision. If any provision of these Terms of Use is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal or unenforceable
for any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of the Terms of Use will continue in
full force and effect.
26. Entire
Agreement. The Terms of Use, our Privacy
Policy, Terms of Service and other published policies constitute the sole and
entire agreement between you and Bolton Tool, Inc. with respect to the Site and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Site.
27. Your
Comments and Concerns. This Site is operated
by Bolton Tool, Inc. All feedback, comments, requests for technical
support and other communications relating to the Site should be directed
to Info@BOLTONTOOL.com and/or
3990 South Riverside Avenue, Colton, CA 92324, USA.
28.
Enforcement of Terms and Reporting Violations. We reserve the right, but not the obligation, to investigate any
violation of these Terms and may, in our sole discretion, remove, disable
access to, or modify any content that violates these Terms and/or suspend the
account of any User who may be violating these Terms. We may report any
activity that we suspect violates any law or regulation to appropriate law
enforcement officials, regulators, or other appropriate third parties,
including disclosing User information. We also may cooperate with appropriate
law enforcement agencies, regulators, or other appropriate third parties to
help with the investigation and prosecution of illegal conduct by providing
network and systems information related to alleged violations of these Terms.
If you become aware of any violation of these Terms, you must immediately
report it to Customer Service. You agree to assist us with any investigation we
undertake and to take any remedial steps we require in order to correct a
violation of these Terms.
29. Digital
Signature and Electronic Records. By registering for an account on the Site (an “Account”), you are
deemed to have executed this Agreement and the other Terms of Service
electronically, effective on the date you register your Account or click to
accept the Terms of Service, pursuant to the U.S. Electronic Signatures in
Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.).
Your Account registration constitutes an acknowledgement that you are able to
electronically receive, download, and print this Agreement, the other Terms of
Service, and any amendments. In connection with the Terms of Service, you
may be entitled to receive certain records from us, such as contracts, notices,
and communications, in writing. To facilitate your use of the Site and the Site
Services, you give us permission to provide these records to you electronically
instead of in paper form However, we reserve the right, in our sole discretion,
to communicate with you via the U.S. Postal Service and other third-party mail
services using the address under which your account is registered. Your consent
to receive records and notices electronically will remain in effect until you
withdraw it. You may withdraw your consent to receive further records and
notices electronically at any time by contacting Customer Support. If you
withdraw your consent to receive such records and notices electronically, we
will revoke your access to the Site and the Site Services, and you will no
longer be permitted to use the Site or the Site Services. Any withdrawal of
your consent to receive records and notices electronically will be effective
only after we have a reasonable period of time to process your request for
withdrawal. Please note that your withdrawal of consent to receive records and
notices electronically will not apply to records and notices electronically
provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you
electronically, you agree to notify us immediately of any change in your email
address by updating your Account information on the Site or by contacting
Customer Support. In addition, so that we may communicate with you via the U.S.
Postal Service and other third-party mail services, you agree to notify us
immediately of any change in your address. To access and retain the records and
notices we provide to you electronically, you will need: (a) a valid email
address. (b) a computer system that operates on a platform like Windows or Mac.
(c) a connection to the Internet. (d) Current Versions of the software,
browsers, plug-ins, or other computer applications and programs identified on
the Site (Users utilizing other browsers may experience compatibility
difficulties). (e) a Current Version of a program that accurately reads and
displays PDF files, such as the Current Version of Adobe Acrobat Reader. (f) a
computer or device and an operating system capable of supporting all of the
above. and (g) a printer to print out and retain records and notices in paper
form or electronic storage to retain records and notices in an electronic form.
By “Current Version”, we mean a version of the software that is currently being
supported by its publisher. We may change these requirements from time to time
and will update this Agreement accordingly. You should retain a copy of all of
the records and notices we send to you electronically. By accepting and
agreeing to this Agreement and the other Terms of Service electronically, you
represent that (x) you have read and understand the above consent to receive
records and notices electronically. (y) you satisfy the minimum hardware and
software requirements specified above. and (z) your consent will remain in
effect until you withdraw your consent as specified above.