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Terms & conditions

/Terms & conditions
Terms & conditions2019-02-11T14:02:03-04:00

Terms & Conditions:

1/2/19 – Terms & Conditions Revision Date

1.     Acceptance of the Terms and Conditions

These Terms and Conditions (the “Terms”) constitute a legally binding agreement that governs your use of Festoolsales (festoolsales.com – the “Site”). The Site is referred to herein as the “Service.”  The Service is owned and operated by Contractor Wize, Inc DBA PDI Rentals (“We,” “Us,” or “Our”). By using the Service, you accept and agree to be legally bound and to the fullest extent abide by these Terms and Conditions, as well as our Privacy Policy available at https://festoolsales.com/privacy-policy/. If you disagree with these Terms and Conditions or the Privacy Policy, you must not use or visit the website and / or Service.

2.     Neutral Venue

The Service allows contractors to contact suppliers and find products, discounts and promotions. WE DO NOT VERIFY THE TRUTH OR ACCURACY OF USER INFORMATION AND HAVE NO CONTROL OVER USER SUBMITTED CONTENT, LISTINGS OR CONDUCT. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER INFORMATION, LISTINGS, CONDUCT AND ACTIVITIES. OUR ONLINE VENUE IS PROVIDED WITH NO WARRANTIES OF ANY KIND.

3.     Intellectual Property

  1. IP Ownership.We own all intellectual property rights to the service. Service contents, features and functionality (such as all information, text, displays, images, video and audio, and the design , selection and arrangement thereof), registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or property rights laws.
  2. Copyright Infringement.We are strongly committed to protecting the intellectual property rights of others. All claims of copyright infringement committed using our Service will be investigated if reported to sales@festoolsales.com. If we believe that any user submitted content violates any applicable law, we will remove or disable access to any such data and/or terminate or suspend the offending user’s account.
  3. You agree to defend, indemnify and hold harmless the Service, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Service, including, without limitation, your data and conduct.

4.     Service Access

  1. You are responsible for making all arrangements necessary for you to have access to the Service.
  2. We will not be responsible for any lost data or photos.
  3. We reserve the right to “data mine” (use your data for marketing purposes and disclose or sell some of the de-personalized data to vendors).
  4. You must treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  5. We may withdraw or change our Service in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Service is unavailable at any time or for any period to registered users or visitors.
  6. We have the right to disable any user identification provided by our Service and disable your whole account on our Service at any time for any reason or no reason without notice or explanation.

5.     Prohibited Conduct

  1. You must not:
    1. Use the Service for any illegal purpose, to violate anyone’s rights, including, without limitation, copyright, privacy and publicity rights.
    2. Use a false name or impersonate any other person or company.
  • Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable material. We reserve the right to judge what constitutes “objectionable” material.
  1. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.
  2. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
  3. Introduce any viruses or other harmful material; use any device, software or routine that interferes with the proper working of the Service.
  • Otherwise attempt to interfere with the proper working of the Service or anyone’s use and enjoyment of it.

6.     Refunds and Cancelations

  1. By subscribing to the Service, you acknowledge and agree that we have no obligation to issue refunds.
  2. You may cancel your subscription at any time. If you cancel, you will not be charged for the next month of Service but will not issue any prorated refunds for the unused part of the month.
  3. We will keep your data for 12 months after you cancel. You can request we send you a file with all your data but we may impose an additional charge for this.

7.     Monitoring and Enforcement

  1. We have the right to take any action that we deem necessary or appropriate if we believe that a user violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Service and the public. We may:
    1. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service.
    2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms and Conditions.
  1. Block violator’s IP address and/or notify his or her Internet Service Provider
  2. Take appropriate legal action.
  1. However, we cannot undertake to review all material transmitted through the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

8.     Service Provided “AS IS”

You understand that all content uploaded, posted on, transmitted through, or linked from the Service, is the sole responsibility of the originator of such content and links. SERVICE IS PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, AND YOU AGREE THAT THE USE OF AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK, AND THAT UNDER NO CIRCUMSTANCES SHALL THE SERVICE BE LIABLE FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT MADE AVAILABLE.

9.     Limitation of Liability

  1. YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR 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 SERVICE, ANY CONTENT ON THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO 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.
  2. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
  3. 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. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE.

10.  Linking to the Service

  1. You may link to our Service in a way that is legal, fair 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 where none exists.
  2. You must not establish a link from any website that is not owned by you.
  3. 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.

11.  Assignment

You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.

12.  Severability and Non-Waiver

  1. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  2. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.

13.  Governing Law and Jurisdiction

The Service is governed by, and construed in accordance with, the laws of Georgia, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Service shall be subject to the jurisdiction of the courts sitting in Atlanta, GA and you hereby accept to submit to the exclusive jurisdiction of those courts.

14.  Changes to the Terms and Conditions

We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Service following the posting of revised Terms and Conditions constitutes your acceptance of the changes.

15.  Contact Us

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to our customer service representative at sales@festoolsales.com.