Superior Tool Company's Terms and Conditions

© COPYRIGHT 2008 Superior Tool Company. All Rights Reserved.

Last updated: July 16, 2008

Disclaimer Of Warranties, 
Limitation Of Liability and Indemnity

Feedback, Comments, Communications And Other Content

Applicable Law

Cookies

Privacy

Linking to This Site

Copyright

Your Account

Notification Of Copyright Infringement

Risk Of Loss

Trademarks

How to Contact Us

License And Site Access

Shipping, Returns & Refunds


WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

This site is provided by Superior Tool Company on an "as is" basis with all faults and "as available" basis. Superior Tool Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, product descriptions, described uses of products, self help or "installation" guides included on this site. You expressly agree that your use of this site is at your sole risk.

You agree to indemnify and hold Superior Tool Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this site, your use of this site, your connection to this site, your violation of the rules, or your violation of any rights of another person or entity.

You expressly understand and agree that Superior Tool Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Superior Tool Company has been advised of the possibility of such damages), resulting from:

1.      the use or the inability to use the site;

2.      the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site;

3.      unauthorized access to or alteration of your transmissions or data;

4.      statements or conduct of any third party on the site; or

5.      any other matter relating to the site.

In no event will Superior Tool Company be liable for:

1.      any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Superior Tool Company or its authorized representatives have been advised of the possibility of such damages, or

2.      any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.

3.      Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Superior Tool Company 's liability is limited to the greatest extent permitted by law.

Although Superior Tool Company has attempted to provide accurate information on its websites, Superior Tool Company assumes no responsibility for the accuracy of the information. Superior Tool Company may change the programs or products mentioned at any time without notice. Mention of non- Superior Tool Company products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Except as expressly provided otherwise in a written agreement between you and Superior Tool Company, all materials and services on this site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Superior Tool Company makes no warranty that:

  1. The services and materials will meet your requirements,
  2. The services and materials will be uninterrupted, timely, secure, or error-free,
  3. The results that may be obtained from the use of the service or materials will be effective, accurate or reliable,
  4. The quality of any products, services, or information purchased or obtained by you from the site will meet your expectations, and
  5. Any errors in the software obtained from the site will be corrected. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

This site could include technical or other mistakes, inaccuracies or typographical errors. Superior Tool Company may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and Superior Tool Company makes no commitment to update such materials or services.

Superior Tool Company assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services, which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied.

In no event shall Superior Tool Company or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Superior Tool Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

The downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials. No advice or information, whether oral or written, obtained by you from Superior Tool Company or through or from the site shall create any warranty not expressly stated in the terms of use.

This site contains links to third-party websites that are not under the control of Superior Tool Company. Superior Tool Company makes no representations whatsoever about any other website to which you may have access through this site. When you access a non- Superior Tool Company website, you do so at your own risk and Superior Tool Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Superior Tool Company provides these links merely as a convenience and the inclusion of such links does not imply that SUPERIOR TOOL COMPANY endorses or accepts any responsibility for the content or uses of such websites.

This site can be accessed from other countries around the world and may contain references to Superior Tool Company products, services, and programs that have not been announced in your country. These references do not imply that Superior Tool Company intends to announce such products, services or programs in your country. 

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APPLICABLE LAW

This site (excluding linked sites) is controlled by Superior Tool Company from its offices within the state of Ohio, United States of America. By accessing this site, you and Superior Tool Company agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of the State of Ohio and the United States of America, without regard to the conflicts of law's principles thereof. Superior Tool Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

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PRIVACY

Please review our Privacy Policy, which also governs your visit to superiortool.com, to understand our practices.

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COPYRIGHT

All content included on this site, such as photographs, drawings, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Superior Tool Company or its content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the sole and exclusive property of Superior Tool Company and is protected by U.S. and international copyright laws.

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NOTIFICATION OF COPYRIGHT INFRINGEMENT

Superior Tool Company will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide Superior Tool Company's Copyright Agent a notice containing the following elements:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  3. A description of where the material that you claim is infringing is located on a Superior Tool Company site and the name of that site;
  4. Information sufficient to permit Superior Tool Company to contact you, such as your physical address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, which you are the copyright owner or authorized to act on the copyright owner's behalf.

Superior Tool Company's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Beth Formica/Copyright Agent
Superior Tool Company
100 Hayes Dr., Unit C.
Brooklyn Heights, OH 44131

By phone: 216-398-8600

By fax: 216-398-8691

By email:

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TRADEMARKS

All trademarks presently on our site and other marks indicated on our site from time to time are trademarks of Superior Tool Company or affiliates in the U.S. or other jurisdictions. Other Superior Tool Company product or service names, logos, graphics, page headers, button icons, scripts are trademarks or trade dress of Superior Tool Company and may not be used in connection with any product or service that is not Superior Tool Company’s in any manner, but especially that which is likely to cause confusion in the marketplace or in any manner that disparages or discredits Superior Tool Company. All other trademarks not owned by Superior Tool Company that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to Superior Tool Company. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.

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LICENSE AND SITE ACCESS

Superior Tool Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Superior Tool Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another; 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 or otherwise exploited for any commercial purpose without the express written consent of Superior Tool Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Superior Tool Company without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Superior Tool Company's name or trademarks without the express written consent of Superior Tool Company. Any unauthorized use terminates the permission or license granted by Superior Tool Company.

If you create a hyperlink to superiortool.com it must not portray Superior Tool Company, its affiliates or products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Superior Tool Company logo or other proprietary graphic or trademark as part of the link without express written permission. Superior Tool Company may block any such hyperlink and/or your access to superiortool.com in its sole discretion at any time without notice.

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YOUR ACCOUNT

If you use this site, you are responsible for maintaining the accuracy and confidentiality of your account and password, if any, and for restricting access to your account and computer. You agree to accept sole responsibility for all activities that occur through your account and password. superiortool.com does not sell products for purchase by children. If you are under 18, you may use superiortool.com only with involvement of a parent or guardian. Superior Tool Company reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

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FEEDBACK, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post comments and other content; send e-cards and other communications; and submit suggestions, ideas, product ideas, photographs, comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, harassing, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses or malicious code, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are solely responsible for the content you provide. superiortool.com reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, unless we indicate otherwise, Superior Tool Company may use it royalty-free on an unrestricted basis. In such event you grant Superior Tool Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, commercialize, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Superior Tool Company and its sublicensees the right to use any content, product idea and the name that you submit in connection with such content or idea, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Superior Tool Company for all claims resulting from your submissions. No material will be returned to you. Superior Tool Company has the right but not the obligation to monitor and edit or remove any submission. Superior Tool Company takes no responsibility and assumes no liability for any content posted by you or any third party.

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COOKIES

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of Superior Tool Company’s websites use cookies to track user traffic patterns. We do this in order to determine the usefulness of Superior Tool Company information to our users and to see how effective our navigational structure is in helping users reach that information. Superior Tool Company does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.

If you prefer not to receive cookies on Superior Tool Company sites, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.

All commercial areas of this site require the use of cookies. If you turn off the acceptance of cookies in your browser, you will not be able to purchase items online.

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RISK OF LOSS

All items purchased through superiortool.com from Superior Tool Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

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LINKING TO THIS SITE

We invite you to link to any of our web pages. We do not view this as duplication. Please notify us of the links you establish.

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How to Contact Us

Superior Tool Company believes that knowing more about you will enable us to serve you better. It permits us to personalize the site content and services we offer to you. Your questions, comments and feedback are very important to us. For legal issues, please contact us by email or write to us:

Superior Tool Company
100 Hayes Dr., Unit C.
Brooklyn Heights, OH 44131

 

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Copyright © 2008 - Superior Tool Company   100 Hayes Dr., Unit C    Brooklyn Hts., OH 44131
P: 800-533-3244    P:216-398-8600   F:216-398-8691    Terms of Use   Privacy  Contact Us