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Terms & Conditions

Klein Tools.com

Terms of Use

Last modified: March 27th, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or using our online properties, including our websites and mobile applications that are owned and controlled by Klein Tools, Inc. (“Klein Tools” or “us”), including this website, kleintools.com (collectively, the “Site”) or by clicking on “I ACCEPT”, you agree to be bound by these Terms of Use and our Privacy Policy [http://www.kleintools.com/content/privacy-policy]. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf. If you do not agree to be bound by these terms, you may not use the Site.

BINDING ARBITRATION

These Terms of Use provide that all disputes between you and Klein Tools will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Applicable Law; Arbitration for the details regarding your agreement to arbitrate any disputes with us.

OWNERSHIP AND LICENSE

Unless otherwise expressly stated, all pages within this Site and any material included therein or otherwise made available for download, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) are the property of Klein Tools and/or its affiliates, licensors and suppliers, as applicable and are protected by United States and international copyright and trademark laws.

Klein Tools grants you a limited, nonexclusive, non-sublicensable license to access and use the Content solely for evaluating Klein Tools products and services, and not for any resale or commercial use. The Contents of the Site may not be copied, distributed, translated, modified (or any other derivative use), reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Klein Tools without our express written consent. You may not use any data mining, robots or similar data gathering or extraction methods on the Site or with respect to any Content. You may download any portion of the Content, unless expressly stated otherwise, for your own personal use or for your internal business use. Unless expressly authorized by us, in writing, you may not use the Site or any Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission is strictly prohibited and automatically terminates the above license. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by Klein Tools, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Klein Tools.

WIRELESS; MOBILE

The following provisions may be applicable depending upon how you access the Site, including the mobile application:

LICENSE. Subject to these Terms of Use, Klein Tools grants you a non-transferable, non-exclusive, license to install and use the software Klein Tools makes available for mobile devices, in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. The software and other applications are deemed to be the Site for the purposes of these Terms of Use.

OPEN SOURCE SOFTWARE. Certain items of independent, third-party code may be included in the Site that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

APPLICATION STORE. You acknowledge and agree that the availability of the Site may be dependent on the third party from which you received the Site (“Application Store”). You acknowledge that these Terms of Use are between you and Klein Tools and not with the applicable Application Store. Each Application Store may have its own terms and conditions to which you must agree before downloading the Site from it. You agree to comply with, and your license to use the Site is conditioned upon your compliance with, all applicable terms and conditions of the applicable Application Store.

TRADEMARK NOTICE

“Klein Tools” and the Klein Tools logo and any other Klein Tools product or service names, logos, domain names and other marks are the registered and unregistered trademarks of Klein Tools, and may not be used in whole, or part, including without limitation in any metatags or other “hidden text”, without written consent of Klein Tools. Third party marks are the property of its respective owner and may not be used without their permission. Reference to any third parties or their products or services does not constitute or imply endorsement, sponsorship or recommendation by us.

RESTRICTIONS

You agree that you will not: (a) use the Site or any Content in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner; (b) send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Site for the purpose of sending spam or other commercial messages; (c) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data; (d) reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (e) use or attempt to use another user’s account without authorization from such user and us; (f) attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site that you are not authorized to access; (g) attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; (h) engage in any harassing, intimidating, predatory or stalking conduct; (i) develop any third-party applications that interact with User Content and the Site without our prior written consent; and (j) use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms of Use.

LINKS

Klein Tools makes no representations whatsoever about any other website that you may access through this Site. We are not responsible for the quality, content, nature or reliability of any such third-party website, even if linked from the Site. Klein Tools has no control over such websites. Any such links are provided as a convenience to you and does not constitute or imply endorsement, sponsorship or affiliation. You should review the applicable terms of such websites before using or downloading from them.

ACCESS; ACCOUNTS

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features in order to receive electronic newsletters or to access certain Content or to participate in certain activities. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and acknowledge that it is your responsibility to keep registration and credit card information (if any) current.

If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account, including user ID or password, if any, and you agree you will not sell, transfer or assign your account or any rights therein. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computing device so others may not access the password protected portion of the Site using your account in whole or in part. You are fully responsible for all transactions and other activities that are undertaken using your user ID or password, including unauthorized use, until you terminate your account or notify Klein Tools that your user ID or password has been lost, stolen or otherwise compromised. Klein Tools reserves the right to terminate your account or otherwise deny you access, in its sole discretion, without notice and without liability.

You agree to defend, indemnify and hold Klein Tools harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

SWEEPSTAKES; PROMOTIONS

From time to time, Klein Tools may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms of Use for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.

FEEDBACK

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Klein Tools and the Site (“Feedback”). Feedback, whether submitted through the Site or otherwise, is non-confidential and shall become the sole property of Klein Tools. Klein Tools shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

SALE OF GOODS AND SERVICES

Goods or services purchased from Klein Tools are governed by Klein Tools’ Terms and Conditions of Sale. The Terms and Conditions of Sale are subject to change without notice, at any time and in our sole and absolute discretion. Before making any purchase, you should review the then-current Terms and Conditions of Sale.

DISCLAIMER

KLEIN TOOLS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. KLEIN TOOLS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. KLEIN TOOLS DOES NOT WARRANT THAT CONTENT AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY KLEIN TOOLS ARE SUBJECT TO SEPARATE WARRANTY TERMS OF USE, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

Although Klein Tools attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Klein Tools so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we have no responsibility or liability for information or Content posted to the Site from any third party.

Pricing for goods and services, configurations, and availability are subject to change at any time, including changes to pricing and the applicable Terms and Conditions of Sale. We reserve the right to refuse or cancel any order or delivery of any item for any reason including in the event of a pricing error. All prices displayed on this Site are quoted in U.S. dollars and are valid and effective only in the United States. The goods and services listed are available for delivery to addresses within the United States only. For delivery outside the United States, please contact us at 800-553-4676.

INDEMNIFICATION

You agree to defend, indemnify and hold Klein Tools, our affiliates and subsidiaries, and theirs and our directors, officers, employees and agents (the “Indemnified Parties”) harmless from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Feedback you provide; (d) your violation of these Terms of Use; or (e) your violation of the rights of another.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS OF USE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KLEIN TOOLS FOR ACCESS TO OR USE OF THE SITE.

APPLICABLE LAW; ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KLEIN TOOLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You accept and agree to arbitrate any dispute arising from these Terms of Use or your use of the Site, including products and services order or purchased through the Site, except that the parties agree that neither you or Klein Tools are required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged infringement or misappropriation of a party’s intellectual property or other proprietary rights. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. The parties agree to notify the other in writing of any dispute within thirty (30) days of when it arises. Notice to Klein Tools shall be sent to Klein Tools, Inc., 450 Bond Street, PO Box 1418, Lincolnshire, IL 60069-1418, ATTN: LEGAL. The parties agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Chicago, Illinois; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Cook County, Illinois have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms of Use and the laws of the State of Illinois and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. YOU AND KLEIN TOOLS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Klein Tools agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. /p>

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Cook County, Illinois.

TERMINATION

Klein Tools may terminate these Terms of Use and your access to the Site, or any portion of thereof, without notice and in our sole discretion. We further reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Klein Tools will not be liable for any modification, suspension or discontinuance of the Services or any part thereof. You may terminate these Terms of Use at any time by no longer accessing the Site and destroying all Content and any other materials obtained by or through the Site. Disclaimers, ownership, limitation of liability, indemnification and any other provision which are intended to survive will survive termination hereof.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between Klein Tools and you pertaining to the subject matter hereof. In its sole discretion, Klein Tools may modify these Terms of Use by posting the revised version on this Site. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Enforcement of these Terms of Use is solely in our discretion, and the absence of enforcement of these Terms of Use, or part thereof, does not constitute a waiver of our right to enforce these Terms of Use.