Toolsnyou.com's Terms and Conditions
Toolsnyou reserves the right, in its sole and absolute discretion, to amend, supplement, or otherwise modify these Terms from time to time. Modified Terms will take effect immediately upon posting to Toolsnyou.com’s website. Your continued use of the Services after modified Terms have been so posted shall constitute your acceptance of such modified Terms.
1. License to use Services
Toolsnyou grants you a limited, non-exclusive, non-transferable, and revocable right and license to use its Services in accordance with the Terms. Enjoy!
You represent either that:
(i) You are an individual entering this Agreement for his or her personal use, you are over 18 years of age and otherwise of legal capacity to form a binding contract with Toolsnyou
(ii) You are the authorized representative of a corporation or other legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization and that you are duly authorized to accept, execute, and deliver this Agreement.
3. User Conduct
You shall use the Service solely in accordance with the Terms. Without limitation, you shall not use the Service to:
- abuse, harass, threaten, or intimidate other users;
- post or transmit any Products or other content that is obscene or otherwise violates any law or right of any third party, that is hateful or discriminatory, or that incites violence or criminal conduct
- attempt to impersonate another user or person
- conduct any unlawful activity
- upload adult content
- solicit or obtain password, account, or private information from any user
- conduct or promote unauthorized advertising, solicitations, or spam
- use, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of any content, without authorization, that belongs to or is licensed to Toolsnyou, or that originates from the Services, or that belongs to another Toolsnyou user or to a third party, or that violates or infringes any third party intellectual property rights
4. Trademarks and Copyrights
The name “Toolsnyou” and all other Toolsnyou marks, logos, taglines, custom graphics, and button icons appearing on Toolsnyou’s site are service marks, trademarks, or trade dress of Toolsnyou and may not be used in connection with any product or service that is not offered by Toolsnyou in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Toolsnyou. All other trademarks, product names, and company names and logos used on the site are the property of their respective owners.
All software and audiovisual works of authorship on the Toolsnyou.com site, the selection and arrangement thereof, and the compilation of all content on the Site are the exclusive property of Toolsnyou (or its licencors) and are protected by United States and international copyright laws.
If you are a copyright owner or an agent thereof and believe that any Product or other content on the Toolsnyou site infringes upon your copyrights, you may submit a notification to Toolsnyou pursuant to the Digital Millennium Copyright Act (“DMCA”).
6. Using Your Account
You agree to provide accurate information when you sign up to use the Services and to keep your account information up to date. You also agree to: Use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use and not let anyone else use your account. You are solely responsible for all activity on your account, as well as all fees incurred in relation to your account.
Adult content is not allowed and will be deleted without notice.
The Terms create no agency, partnership, joint venture, employment, or franchisee relationship between you and Toolsnyou.
Toolsnyou retains the right to close or suspend your account in whole or in part, and to terminate your use of its Services at its discretion and without notice.
7. Disclaimer of Warranty
Your use of the Services and any information obtained through or from Toolsnyou shall be at your own risk. The Services are provided on an “as is” basis. You acknowledge and agree that Toolsnyou exercises no control over, and accepts no responsibility for, the content or information passing through Toolsnyou’s host computers, network hubs, points of presence, or the internet. The digital products found on Toolsnyou’s digital marketplace are produced by independent Sellers. Thus, Toolsnyou makes no warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchant-ability, or fitness for a particular purpose, nor any warranties implied by a course of performance, course of dealing, or usage of trade.
Toolsnyou makes no warranties that the Services will be uninterrupted or error-free or that any results obtained from the use of Services will be accurate or reliable. Toolsnyou expressly disclaims any liability arising in connection with any Products. No oral or written information given by Toolsnyou will create any warranty, nor may you rely on such information or advice.
8. Limitation of Liability
To the fullest extent permitted by law, neither Toolsnyou, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by Customer, any of Customer’s customers, or of any third party, whether in an action in contract or tort or strict liability or other legal theory. Toolsnyou will not be liable to Customer, any of Customer’s customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to Toolsnyou’s records, programs, equipment, or services, or any other condition whatsoever.
Notwithstanding anything to the contrary in these Terms, Toolsnyou’s maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by Customer for the portion of Services that gave rise to such claims during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Toolsnyou’s Services may contain links to third-party websites not under Toolsnyou’s control or ownership, or you may need to use a third party’s services or product in order to use Toolsnyou’s service. Your access to all third-party services shall be at your own risk.
9. Governing Law
This Agreement shall be governed by the laws of the State of United States , no matter where in the world you live. Disputes here-under shall be resolved before the courts of competent jurisdiction in California All remedies available here-under shall be cumulative and not in lieu of any others.
10. Disclosure of Customer Information and Legal Process
Although Toolsnyou maintains strict confidentiality on Customer’s information, there are certain exceptions in which Toolsnyou may disclose information in its possession, including without limitation information about the Customer’s internet transmissions and website activity in order to comply with the law or official governmental requests. Toolsnyou has no obligation to notify Customer about whom the information is sought or that Toolsnyou has provided the information.
You do not have the right to assign this Agreement without the prior written consent of Toolsnyou. Toolsnyou may assign this Agreement without notice to you. This Agreement will be binding on the parties, and their successors, and permitted assigns.
12. Entire Agreement, Severability, Survival
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof which by their nature should survive termination hereof shall so survive.