ToolsGroup, Inc. (“ToolsGroup”) operates this website (“Site”) to provide online access to information about ToolsGroup and the products, services, and opportunities we provide (the “Service”). This Site refers to any websites that are under the toolsgroup.com domain including our blog and recourse centers. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (”Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

ToolsGroup reserves the right to modify this Agreement at any time. If ToolsGroup changes this Agreement, we will inform you a summary of key changes via emails. ToolsGroup will at all times publish the up-to-date version on its website. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

 

Contents

 

USE OF SITE

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about the Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ToolsGroup reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

 

COPYRIGHT

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to ToolsGroup or its distributors, partners, affiliates, contributors or third parties. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ToolsGroup.

 

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

 

LINKS TO THIRD-PARTY WEB SITES

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ToolsGroup of the third party, the third-party web site, or the information contained therein. ToolsGroup is not responsible for the availability of any such web sites. ToolsGroup is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of ToolsGroup affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

 

DOWNLOADING FILES

ToolsGroup cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

 

DISCLAIMER OF WARRANTIES

ToolsGroup makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the Service or the Content. ToolsGroup expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the site. ToolsGroup does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. ToolsGroup does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Site, the Service and the Content are provided on an “as is” and “as available” basis.

 

LIMITATION OF LIABILITY

In no event will ToolsGroup be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the Site, the Service, or the Content, (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the Content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Site, the Service, or the Content, even if ToolsGroup has been advised of the possibility of such damages. If you are dissatisfied with the Site, the Service, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.

Because some areas do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such areas, ToolsGroup’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

 

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ToolsGroup, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

 

USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

 

GENERAL PROVISIONS

  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ToolsGroup of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ToolsGroup therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ToolsGroup does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other ToolsGroup web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Massachusetts, without regard to any conflict of law’s provisions.