Wall Tools Terms of Service
This is a legal document and creates an Agreement between you, the user, and Wall Tools, LLC. You must agree to be bound by the terms and conditions presented herein as a condition precedent to using any of the tools or services provided to you via the Wall Tools web site.
By using or purchasing any tool or service presented by this site or viewing any element of content present on this site, you signify your acceptance to each term and condition of this Terms of Service. These terms and conditions apply to any separate Agreement, whether or written in nature and are incorporated by reference into any such Agreement as if fully set forth therein.
THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY NOT ONLY TO YOUR USAGE OF THIS SITE BUT TO ANY SUBSEQUENT AGREEMENT WHEREBY WALL TOOLS, LLC PROVIDES YOU ANY SERVICE WHATSOEVER.
All the content on this site is Copyright 2009 Wall Tools, LLC. All rights reserved.
Website Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. Northern reserves complete title and full intellectual property rights in any content that you download from this Website.
You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another web site through this one, Wall Tools can accept no responsibility for your experience with the site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.
Communications with Wall Tools
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Wall Tools will be treated as non-confidential and non-proprietary. All communications to Wall Tools become the exclusive property of Wall Tools and you agree that by transmitting any communication you relinquish all rights and interests in same. Wall Tools shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Wall Tools shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, Wall Tools discourages you from transmitting information that you do not wish to assign to Wall Tools, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Wall Tools may copy all or part of your communication in any response(s) it makes to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Wall Tools, LLC., or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Wall Tools or a Wall Tools affiliate or by third parties who have licensed their rights to Wall Tools. All content is copyrighted as a collective work under the U.S. and international copyright laws and Wall Tools owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
Wall Tools is working hard to ensure that the information provided on the Wall Tools site or in any Wall Tools catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, Wall Tools does not guarantee the accuracy or completeness of the information provided on this site or in any Wall Tools catalog or advertisement . Wall Tools reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
Wall Tools does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Wall Tools catalog or advertisement, including any advice or other similar information obtained by you from us though this Website or in any Wall Tools catalog or advertisement. Wall Tools makes no representation that the content provided in this Website or in any Wall Tools catalog or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Website, Wall Tools catalog or any type of Wall Tools advertisement
In no event shall Wall Tools, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, Wall Tools catalog or any type of Wall Tools advertisement or any content on this Website, Wall Tools catalog or any type of Wall Tools advertisement, even if Wall Tools or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, Wall Tools catalog or any type of Wall Tools advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, Wall Tools catalog or any type of Wall Tools advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Wall Tools total liability to you shall in no event exceed one hundred United States dollars (US$100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this Website, Wall Tools catalog or any type of Wall Tools advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Wall Tools disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Wall Tools disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Wall Tools liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
Rules of Behavior Regarding This Website
You may never engage in any of the following activities:
Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of this site.
Engage in any action, indirectly or directly, that is harmful to the Wall Tools web site or any function thereof. Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any user ID and related password which you may have received required for entry to any tool or service that we provide and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password. Any loss that you sustain due to a lack of security on your part regarding your codes or passwords is your sole loss to sustain.
Shipping – Risk of Loss
All items purchased from Wall Tools are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Wall Tools is not responsible or liable for any damage arising from shipment. More on Shipping & Delivery on our Customer Service page, or visit our Shipping page for more details.
Wall Tools retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. Wall Tools thus encourages customers to use caution when placing an order, as once placed the order cannot be cancelled, nor the item returned or exchanged unless Wall Tools expressly consents.
In order to obtain a refund or exchange, prior approval must be given by Wall Tools. More on Returns and Exchanges.
Generally, Wall Tools will consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.
The Terms and Conditions constitute the entire agreement between you and Wall Tools with respect to this Website, Wall Tools catalog or any type of Wall Tools advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Wall Tools with respect to this Website, Wall Tools catalog or any type of Wall Tools advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Wall Tools. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website, Wall Tools catalog or any type of Wall Tools advertisement, you agree that the laws of the State of Oklahoma, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Wall Tools or its affiliates.