TERMS & CONDITIONS OF USE

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Welcome to TOOL GAUGE’s web site, however such web sites are accessed or used, and other interactive features, products, services, applications, or downloads (“web site”) that is owned by TOOL GAUGE (“TOOL GAUGE,” “we”, and “us”). BY USING OUR WEB SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS” OR “TERMS”) AND TOOL GAUGE’S ONLINE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

Assistance.If you have any questions or comments, we invite you to contact us by email .

Copyright And Ownership .All of the content displayed on the web site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”) is owned by TOOL GAUGE, its licensors, agents, or its Content providers. All elements of the web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The web site may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the web site, you are authorized to view, play, print, and download documents, audio, and video found on our web site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the web site. The web site, its Content, and all related rights shall remain the exclusive property of TOOL GAUGE or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the web site.

Trademarks.All trademarks, service marks, and trade names of TOOL GAUGE (including, but not limited to, TOOL GAUGE’s name, logos, the web site name, and the web site design) are trademarks of TOOL GAUGE or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify TOOL GAUGE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the web site without TOOL GAUGE’s prior written consent. The use of TOOL GAUGE trademarks on any other web site is not allowed. TOOL GAUGE prohibits the use of TOOL GAUGE trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance

Unsolicited Submissions Policy. TOOL GAUGE does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by TOOL GAUGE’s professional staff seem to others to be similar to their own creative work. Accordingly, TOOL GAUGE requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against TOOL GAUGE (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant TOOL GAUGE a non-exclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release TOOL GAUGE (and our officers, directors, agents, subsidiaries, joint-ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.

Inappropriate Use Of The Web Site.You may not use the web site in any manner, that could: (1) humiliate, threaten, or injure other people or their property rights, including, but not limited to, intellectual property rights; (2) violate the privacy or publicity rights of other individuals or entities; (3) be considered criminal conduct or give rise to civil liability; or (4) otherwise violate any law or these Terms and Conditions. Any unauthorized use of our computer systems is also a violation of these Terms and Conditions. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate termination of your access to the web site. As set forth in our online privacy policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Accuracy Of Information.We attempt to ensure that information on this web site is complete, accurate, and current. Despite our efforts, the information on this web site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this web site.

Advertising Rights.TOOL GAUGE reserves the right to sell and display any advertising, attribution, links, promotional, and distribution rights, and TOOL GAUGE and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, promotional, or distribution rights. Nothing in these Terms obligates or may be deemed to obligate TOOL GAUGE to sell or offer to sell any advertising, promotion, or distribution rights.

Links.Running or displaying this web site or any information or material displayed on this web site in frames or through similar means on another web site without TOOL GAUGE’s prior written permission is prohibited. From time to time, this web site may contain links to third-party web sites that are not owned, operated, or controlled by TOOL GAUGE or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this web site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other web sites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials, or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this web site, you do so entirely at your own risk.

Access And Interference.You agree that you will not use any robot, spider, scraper, or other automated means to access the web site for any purpose without TOOL GAUGE’s express written permission. Additionally, you agree that you will not: (1) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the site or any activities conducted on the web site; or (3) bypass any measures we may use to prevent or restrict access to the web site.

We may give notice to our users of any infringement notice by means of a general notice on our web site, electronic mail to a user’s email address in our records, or by written communication sent to a user’s last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your personal identifying information included in the notice will be provided to the party that submitted the original claim of infringement.

Privacy.Data collection and use, including the collection and use of personally identifiable information (PII), is governed by our online privacy policy which is incorporated into and is a part of these Terms and Conditions.

Force Majeure.TOOL GAUGE is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.

Representations And Warranties.You affirm, represent, and warrant the following: (1) you are of sufficient age to enter into a legally binding contract with TOOL GAUGE, have the right and authority to enter into these Terms as a legally binding contract, and are fully able and competent to satisfy the terms, conditions, and obligations herein; (2) you have obtained all consents and possess all copyright, patent, trademark, trade secret, and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to us through the web site; (3) if necessary, you have the written consent of each and every identifiable natural person to use such persons’ name or likeness in the manner contemplated by the web site and these Terms, and each such person has released you from any liability that may arise in relation to such use; (4) you have read, understood, agree with, and will abide by these Terms; (5) you are not and have not been an agent of TOOL GAUGE and were not and are not acting on behalf of, or as a representative of, TOOL GAUGE or any other party; and (6) TOOL GAUGE’s use of any information you have submitted as contemplated by these Terms and the web site will not infringe any rights of any third-party, including, but not limited to, any intellectual property rights, privacy rights, and rights of publicity.

DISCLAIMERS.YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER TOOL GAUGE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOOL GAUGE OR THROUGH TOOL GAUGE’S WEB SITE, PRODUCTS, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY. TOOL GAUGE DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEB SITE. IN NO EVENT WILL TOOL GAUGE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT TOOL GAUGE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL TOOL GAUGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (U.S. $25.00).
Indemnity. You agree to defend, indemnify, and hold TOOL GAUGE (and our officers, directors, agents, subsidiaries, joint-ventures, and employees) and any affiliated TOOL GAUGE entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (1) the use of the web site or placement or transmission of any message or information on this web site by you or your authorized users; (2) your violation of any term or condition of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (3) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (4) your violation of any law, rule, or regulation of the United States or any other country; or (5) any claim or damages that arise as a result of any information or material that you provide TOOL GAUGE with.

Release.In the event that you have a dispute with another user or other party related to the web site, you release TOOL GAUGE (and our officers, directors, agents, subsidiaries, joint-ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination. You or we may suspend or terminate your use of this web site at any time, for any reason, or for no reason. We may also block your access to our web site in the event that (1) you breach these Terms and Conditions; (2) we believe that your actions may cause financial loss or legal liability for our users or us; or (3) as otherwise provided herein or in another incorporated policy.

General.Any claim relating to, and the use of, this web site and the materials contained herein is governed by the laws of the State of Washington.  You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions, to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the web site.

We do not guarantee continuous, uninterrupted, or secure access to our web site, and operation of the web site may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions, and all incorporated agreements, may be assigned by TOOL GAUGE in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions are the entire agreement between you and TOOL GAUGE with respects to the subject-matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent, including, but not limited to, indemnity, general, any perpetual license, limitations on liability, disclaimers, and representations and warranties, shall survive the expiration or termination of these Terms and Conditions.

All rights not granted herein are expressly reserved to TOOL GAUGE.