Terms of Service
The following terms of service apply to all visitors or users of fullertontool.com (this
a website of Fullerton Tool Company (“Fullerton”). By accessing this Website, you acknowledge
acceptance of these terms of service, which govern access to and use of this Website, including
content, functionality, and services offered on or through the Website. If you do not want to
to these Terms of Service, you must not access or use this Website.
Fullerton reserves the right to change these Terms of Service at any time. Any modification will become effective when it is first posted to the site. You are advised to visit this page regularly to review the most current terms and conditions. We may notify you by either posting a new version of this Terms of Service, notifying visitors on the website that a new version has been posted, or by e-mail to the latest known address on file.
ACCESS & USE OF INFORMATION
You are hereby granted, subject to these Terms of Service, a limited, non-exclusive,
non-transferable license to view the products and content on this Website. Access to this
Website is limited to access information for purposes of making a purchase decision, to support
the usage of a Fullerton product, utilizing our quoting systems, and using the eCommerce
functionality of the Website to make purchases. Any access or attempt to access other areas of
Fullerton’s computer systems or networks, or information contained therein, for any purpose is
Fullerton reserves the right to withdraw or amend this Website, and any service or material Fullerton provides on the Website, in our sole discretion without notice. Fullerton will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify Fullerton immediately of any unauthorized access to or use of your username or password or any other breach of security. Fullerton has the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in Fullerton’s opinion, you have violated any provisions of these Terms of Service.
You represent and warrant that:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interferes with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access, to interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connect to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
All purchases through this Website or other transactions for the sale of goods or services formed through the Website as a result of visits made by you are governed by our Sales Terms & Conditions, which are hereby incorporated into these Terms of Service.
CROSS REFERENCE INFORMATION
Fullerton’s product cross-reference results do not imply that all products compared are functional equivalency or that performance and other characteristics are exact. Review specifications prior to purchase.
INTELLECTUAL PROPERTY RIGHTS
The information available on this website is the property of Fullerton and is protected by
copyright and other intellectual property laws. All rights not expressly granted under this
agreement are hereby reserved by Fullerton. No act of downloading any portion of this Website
will constitute a transfer of title in such material. No other permission is granted to you to
copy, reproduce, distribute, republish, or modify the content contained on this Website.
The trademarks, logos, and service marks displayed on this Website are the property of Fullerton. Users are not permitted of use without a signed Advertising Agreement and consent from Fullerton.
You agree that all product reviews, ratings, remarks, suggestions, ideas, graphics, or other
information communicated to Fullerton through this Website (“Submissions”) shall be the property
of Fullerton. Fullerton will not be required to treat any Submission as confidential and will
not be liable for any ideas for its business and will not incur any liability as a result of any
similarities that may appear in future Fullerton operations.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Fullerton, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Fullerton is not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other use of the Website. Fullerton has the right to remove or refuse to post any Submissions for any or no reason in our sole discretion.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns,
directors, officers, agents, service providers, suppliers and employees, harmless from any claim
or demand, including reasonable attorney fees and court costs, made by any third party due to or
arising out of your Submissions, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the representations and warranties
in these Terms, on your violation of any rights of another person or entity.
Your further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of law’s provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out of the use of this site.
This Agreement constitutes the entire agreement between Fullerton and you with respect to this Website and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of provision of this Agreement unenforceable, that provision shall be enforced to the maximum extend permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE, SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or liability are not permitted and some of the foregoing limitation may not apply to you.