Website Terms of Use

Last Modified: 2-7-13

 

Acceptance of the Terms of Use

 

Welcome to the website of ToolLife, inc. ("Company", "we" or "us"). The following terms and conditions[, together with any documents they expressly incorporate by reference] ([collectively, ]these "Terms of Use"), govern your access to and use of ToolLife.org  including any content, functionality and services offered on or through ToolLife.org (the "Website").

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 

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, and apply to all access to and use of the Website thereafter.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

Intellectual Property Rights

 

The Website 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.

 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. 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 Website, except as follows:

 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

 

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

• If we provide social media features with certain content, you make take such actions as are enabled by such features.

 

You must not:

 

• Modify copies of any materials from this site.

 

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

[If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@toollife.org

 

Trademarks

 

The Company name, the terms "Tool the World", the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company. 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 Website are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

• In any way that violates 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).

 

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

 

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

 

• To 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).

 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

 

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

 

• Use any device, software or routine that interferes with the proper working of the Website.

 

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

• Otherwise attempt to interfere with the proper working of the Website.

 

Information About You and Your Visits to the Website

 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Donations and Other Terms and Conditions

 

All donations and purchases through our site or other transactions formed through the Website or as a result of visits made by you are governed by our Terms of Donations and Sale, which are hereby incorporated into these Terms of Use.

 

Linking to the Website and Social Media Features

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

 

• Link from your own or certain third-party websites to certain content on this Website.

 

• Send e-mails or other communications with certain content, or links to certain content, on this Website.

 

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

 

• Establish a link from any website that is not owned by you.

 

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

 

• Link to any part of the Website other than the homepage.

 

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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 websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

 

The owner of the Website is based in the state of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.

 

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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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.

 

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 Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

 

All matters relating to the Website 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 Tennessee] without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, 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.

 

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 WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

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.

 

Entire Agreement

 

The Terms of Use, our Privacy Policy, and Terms of Donation/Sale constitute the sole and entire agreement between you and ToolLife, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns

 

This website is operated by ToolLife, Inc., 4015 Hillsboro Rd., Ste 222, Nashville, TN 37215.

 

All  feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@toollife.org

 

Thank you for visiting the Website.

 

 

Privacy Policy

Last modified: February 7, 2013

 

Introduction

 

ToolLife, Inc. ("Organization" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

 

This policy describes the types of information we may collect from you or that you may provide when you visit the website TollLife.org (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.

 

This policy applies to information we collect:

 

• On this Website.

 

• In e-mail, text and other electronic messages between you and this Website.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Information We Collect About You and How We Collect It

 

We collect several types of information from and about users of our Website, including information:

 

• by which you may be personally identified, such as name, postal address, e-mail address or telephone number ("personal information");

 

• that is about you but individually does not identify you, and/or

 

• about your internet connection, the equipment you use to access our Website and usage details.

 

We collect this information:

 

• Directly from you when you provide it to us.

 

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies.

 

Information You Provide to Us.

 

The information we collect on or through our Website may include:

 

• Information that you provide by filling in forms on our Website.

 

• Records and copies of your correspondence (including e-mail addresses), if you contact us.

 

• Your responses to surveys that we might ask you to complete for research purposes.

 

• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

 

• Your search queries on the Website.

 

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk.  Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Usage Details, IP Addresses, Cookies and Other Technologies

 

As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

 

•  Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.

 

• Information about your computer and internet connection, including your IP address, operating system and browser type.

 

The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:

 

• Estimate our audience size and usage patterns.

 

• Store information about your preferences, allowing us to customize our Website according to your individual interests.

 

• Speed up your searches.

 

• Recognize you when you return to our Website.

 

The technologies we use for this automatic data collection may include:

 

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

 

• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

 

• Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

 

How We Use Your Information

 

We use information that we collect about you or that you provide to us, including any personal information:

 

• To present our Website and its contents to you.

 

• To provide you with information that you request from us.

 

• To fulfill any other purpose for which you provide it.

 

• To notify you about changes to our Website or any programs we offer or provide though it.

 

• In any other way we may describe when you provide the information.

 

• For any other purpose with your consent.

 

Disclosure of Your Information

 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 

We will not disclose personal information that we collect or you provide as described in this privacy policy without your consent.

 

Data Security

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

Changes to Our Privacy Policy

 

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

 

Contact Information

 

To ask questions or comment about this privacy policy and our privacy practices, contact us at toddm@toollife.org

 

 

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 ToolLife is a 501(c)(3) nonprofit. 3835 Cleghorn Ave., Ste. 250, Nashville, TN 37215 l info@toollife.org

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