Terms of Use
TERMS OF USE AND NOTICE OF COPYRIGHT INFRINGEMENT
These Terms of Use ("Terms") apply to our websites, microsites, mobile versions of these websites and mobile applications ("Sites") that expressly adopt and display or link to these Terms and that are owned, operated or controlled by Stanley Black & Decker, Inc. or any of its Affiliates (collectively, "Stanley Black & Decker"). We provide these Sites to you subject to these Terms. By visiting, registering with, or shopping at a Site or downloading a mobile app with a link to these Terms, you agree to accept and be bound by these Terms, which can be modified from time to time, and our privacy policy by clicking the "Privacy Policy" links located at either https://servicenet.dewalt.com, https://servicenet.blackanddecker.com , https://servicenet.bostitch.com , https://servicenet.portercable.com , or https://servicenet.protoindustrial.com . Please read them carefully.
COPYRIGHT : All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, "Materials"), is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.
TRADEMARKS : Stanley Black & Decker retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter "Marks"). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.
LICENSE AND SITE ACCESS : We grant you a limited license to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by Stanley Black & Decker.
Special Notice : We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other "hidden text" utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or other information not originating from our Site.
Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, Stanley Black & Decker reserves the right to seek all remedies available by law and in equity. Stanley Black & Decker retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that Stanley Black & Decker will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
USER INFORMATION : Some functionality of the Sites may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, name, address, email address, telephone number, method of payment, credit card information, and billing information. You agree to keep the User Information provided to the Site current at all times and to promptly update such information in the Sites to the extent of any change. By using such functionality or our Sites, you consent to the transmission of User Information to Stanley Black & Decker and authorize Stanley Black & Decker and/or its agents to record, process, and store such User Information for the purposes described in the Privacy Policy, referenced above.
ONLINE COMMERCE : The Sites may allow you to make purchases from Stanley Black & Decker. Where you make such a purchase via the Sites, all information obtained by Stanley Black & Decker from you in the course of such purchase, including User Information, may be collected by both Stanley Black & Decker and any service providers used to fulfill your orders, such as payment processing companies or shipping providers. Those service providers may have privacy and data collection practices that are different from those utilized by Stanley Black & Decker. Stanley Black & Decker has no responsibility or liability for the independent policies of such third party service providers. In addition to being subject to these Terms, certain user purchases may subject that user to additional terms and conditions, such as the terms and conditions of the payment processing company.
COMMENTS, COMMUNICATIONS AND OTHER CONTENT : This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Stanley Black & Decker does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.
In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Stanley Black & Decker as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by Stanley Black & Decker, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Stanley Black & Decker to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims resulting from your User Submission(s).
PROHIBITED USES OF THIS SITE : You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another's computer; (c) contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any form of "spam"; (e) use a false email address, impersonates another person or entity, including Stanley Black & Decker and its employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Stanley Black & Decker, restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.
OUR PRODUCTS : We attempt to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on this Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.
LINKING : Links may be established from this Site to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this Site. None of such links should be deemed to imply that Stanley Black & Decker endorses the Third Party Sites or any content therein. Unless the link is to another Stanley Black & Decker website, Stanley Black & Decker does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Stanley Black & Decker will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
APPLICABLE LAW : By visiting our Site, you agree that the laws of the State of Connecticut, United States of America, 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 this Site or the Materials located on this 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 New York, New York, United States of America, or such other place agreed to by the parties. 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 OF WARRANTIES AND LIMITATION OF
LIABILITY :
WEBSITE :
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, INFORMATION,
CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT
FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTS:
WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, OUR EXPRESS WARRANTIES
ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE
TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR
REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA
OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION
PRESENT, EVEN IF STANLEY BLACK & DECKER IS EXPRESSLY ADVISED ABOUT
THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN
WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL 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 of Warranties and Limitation of Liability section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you, 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; (2) in the Comments, Communications and Other Content section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms; and (3) in the Disputes section, (a) the provisions which limit the time within which claims against us 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.
TERMS SPECIFIC TO USERS OF MOBILE APPLICATIONS : In addition to all the remaining Terms herein, if you are downloading a mobile application provided by us, you understand and agree that we have no obligation to maintain, support, upgrade or update any mobile applications that we provide. 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 S-GTS-PSDOnlineMarketing@sbdinc.com .
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.
OTHER TERMS AND CONDITIONS, SITE MODIFICATION AND SEVERABILITY : We may offer the opportunity to participate in sweepstakes, contests or other promotions through this Site. In addition to these Terms, the sweepstakes, contests or other promotions will be governed by terms and conditions specific to those sweepstakes, contests or promotions. If there is a conflict between these Terms and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or promotions will control.
We reserve the right to make changes to this Site, our policies and these Terms at any time in our sole discretion. The most current version of the Terms will supersede all previous versions and can be reviewed by clicking on the "Terms of Use" link located in the side navigation bar. Your use of the Site after changes are made to the Terms signifies your agreement to such changes.
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.
Effective as of: November 1, 2019