Terms of service
OVERVIEW
This website is operated by
Almighty Tools Inc.. Throughout the site, the terms
“we”, “us” and “our” refer to Almighty Tools Inc.
Almighty Tools Inc. offers this website, including
all information, tools and Services available from this site to
you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By
visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully
before accessing or using our website. By accessing or using any
part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any
Services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates
and/or changes to our website. It is your responsibility to check
this page periodically for changes. Your continued use of or
access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is
hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not
use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the
Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any
reason at any time.
You understand that your content (not
including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any
contact on the website through which the Service is provided,
without express written permission by us.
The headings used
in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on this
site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain
historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we
have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any
third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively
online through the website. These products or Services may have
limited quantities and are subject to return or exchange only
according to our Refund Policy:
We have made every effort to
display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of
our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or
Services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the
sole discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or Service made on
this site is void where prohibited.
We do not warrant that
the quality of any products, Services, information, or other
material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These
restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a
change to or cancel an order, we may attempt to notify you by
contacting the e‑mail and/or billing address/phone number provided
at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.
You agree to
provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to
promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy:
SECTION 7 - OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have
no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of the optional
tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer
new Services and/or features through the website (including the
release of new tools and resources). Such new features and/or
Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials,
products, or Services of third-parties.
We are not liable
for any harm or damages related to the purchase or use of goods,
Services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully
the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us, you
send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you forward to
us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit or remove content that we determine
in our sole discretion to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will
not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You
may not use a false e‑mail address, pretend to be someone other
than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility
and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy, which can be viewed here:
Privacy Policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing
information, except as required by law. No specified update or
refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the
functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited
uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of
our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from
the use of the Service will be accurate or reliable.
You
agree that from time to time we may remove the Service for
indefinite periods of time or cancel the Service at any time,
without notice to you.
You expressly agree that your use of,
or inability to use, the Service is at your sole risk. The Service
and all products and Services delivered to you through the Service
are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall
Almighty Tools Inc., our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers,
Service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the Service or any
products procured using the Service, or for any other claim
related in any way to your use of the Service or any product,
including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of
the use of the Service or any content (or product) posted,
transmitted, or otherwise made available via the Service, even if
advised of their possibility. Because some states or jurisdictions
do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum
extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Almighty Tools Inc. and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors,
licensors, Service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any
law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using
our site.
If in our sole judgment you fail, or we suspect
that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver
of such right or provision.
These Terms of Service and any
policies or operating rules posted by us on this site or in
respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the
Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of
these Terms of Service shall not be construed against the drafting
party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in
accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at
our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to
these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
[email protected].
Our contact information is posted below:
Almighty
Email: [email protected]
Address:
Tel: